IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 4691 of 2009(H) ------------------------- PETITIONER: --------------- IMMANUEL AUGUSTINE, HSST(SECIOLOGY), GHSS, CHERUTHURUTHY, THRISSUR. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENTS: --------------- 1. DIRECTOR , HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SHRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2009, ALONG WITH W.P(C)NOS. 4727/2009, 4743/2009, 4692/2009. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ---------------------------------------------- W.P(C) Nos.4691/2009, 4692/2009, 4727/2009 & 4743/2009 --------------------------------------------- Dated this the 12th February, 2009. J U D G M E N T The petitioners in these Writ Petitions are Higher Secondary School Teachers working in Thrissur and Kasaragod Districts. In response to the invitation issued by the 1st respondent Director, the petitioners sought transfer to their home districts. It is the case of the petitioner that the first respondent, although statutorily obliged to consider the application in terms of the norms contained in the scheme, failed to consider the request without assigning any reason. According to the petitioners there are vacancies existing in their home district. It is submitted that instead of considering the request, the first respondent drop the scheme for transfer with a view to accommodate the promotees and direct recruits in the available vacancies. 2. Having regard to the facts and circumstances stated above, I am of the view that a direction to consider the claim of the petitioners is necessary in the interest of justice. The applications of the petitioners shall be considered as expeditiously as possible. 2 In the result the Writ Petition is disposed of directing the first respondent to consider the claim of the petitioners for transfer in accordance with the norms prescribed and Government orders in force which are applicable within a period of 30 days from the date of receipt of a copy of the judgment. The petitioners shall produce a copy of the judgment and a copy of the Writ Petition. Sd/- HARUN-UL-RASHID JUDGE //True Copy// PA to Judge ab 3 4 5