IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 20249 of 2011(E) -------------------------- PETITIONER(S): ---------------------- VINOD.G, TRIVENI, MUTHUPILAKKAD EAST, PORUZHI.P.O, KOLLAM - 690 520. BY ADV. SRI.P.NANDAKUMAR RESPONDENT(S): ------------------------- 1. DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM - 695 001. 2. JAYA STEPHEN, HSST PHYSICS, GOVERNMENT HIGHER SECONDARY SCHOOL, EDAPPALLY NORTH, KOCHI - 682 024. R1 BY GOVT. PLEADER M.A. FAYAZ ADVS. SRI.ALEX.M.SCARIA FOR R2 SRI.RAVI KRISHNAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMV WPC NO.20249 OF 2011 (E) APPENDIX PETITIONER(S) EXHIBITS : P1. : COPY OF APPLICATION FOR TRANSFER SUBMITTED BY THE PETITIONER DTD: 22.09.2010. P2. : COPY OF ORDER OF 1ST RESPONDENT DTD : 24.01.2011. P3. : COPY OF ORDER OF 1ST RESPONDENT DTD: 14.06.2011. P4. : COPY OF E-MAIL SUBMITTED BY THE PETITIONER DTD: 20.06.2011 P5. : COPY OF ORDER OF 1ST RESPONDENT DTD: 07.07.2011. P6. : COPY OF THE DETAILS OF APPOINTMENT OF THE 2ND RESPONDENT RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE AMV T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 20249 of 2011-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of November, 2011. JUDGMENT The petitioner seeks for a direction to the first respondent to shift the second respondent from Government Higher Secondary School, Edappally North and post the petitioner in that school as HSST Physics. A further direction is sought to give a convenient posting to the petitioner in any one of the opted higher secondary schools in Kollam District. 2. The petitioner was advised by the Kerala Public Service Commission on 28.4.2010 and was appointed in Government Higher Secondary School, Karakurissi, Palakkad, as per order dated 12.8.2010. In terms of the norms for transfer, he had submitted an application, Ext.P1. Ext.P2 is the general transfer order for 2010-2011 for HSST Physics. In the place of the petitioner, one Shri Binoy N. John was posted at Government HSS, Karakurissi. 3. Even though Ext.P3 provisional order was issued shifting the petitioner to G.H.S.S., Ezhikkara in Ernakulam District, when the final order was issued, his name was not included. In the meantime, the second respondent was advised on 2.11.2010 and posted to GHSS, Edappally wpc 20249/2011 2 wherein the petitioner had sought for a transfer as per Ext.P1. Thereafter, the petitioner was waiting without getting a favourable posting. It is pointed out that the posting given to the second respondent ignoring the seniority of the petitioner, cannot be justified. 4. The first respondent has filed a counter affidavit stating the following facts: The petitioner, even though joined as HSST Physics at GHSS, Karakurissi, Palakkad, he was thrown out from that school due to Principal posting. He was initially considered for a transfer to GHSS, Ezhikkara, but a senior thrown out teacher, viz. Smt. Deepa Devi V.R. who also opted GHSS, Ezhikkara, was available and she was transferred to the said school. Apart from that, the petitioner was transferred to GHSS, Munnoorkode, Palakkad, but he did not join there and remained at GHSS, Karakurissi as excess hand. 5. It is further pointed out in para 4 of the counter affidavit that the second respondent was posted at GHSS, Edappally North, Ernakulam on compassionate ground (under medical treatment for brain tumor), on condition that if a senior in service applied for general transfer 2010-2011, she will be transferred to some other school. It is also the contention that both the petitioner and the second respondent were appointed as HSST in the same academic year 2010-2011. Finally, in para 5 it is pointed out that wpc 20249/2011 3 if the petitioner applies for general transfer, for the coming year, he will be given a posting in terms of the order of preference subject to the seniority of teachers who applied for the general transfer 2011-2012. 6. Learned counsel for the petitioner therefore submitted that as the petitioner has already submitted an application for transfer this year, before finalising the general transfer for the next year, his claim also may be directed to be considered for a posting either in Kollam district or in Ernakulam district, as it is pointed out that vacancies are expected to arise in those districts. 7. There will be a direction to the first respondent to consider the claim of the petitioner for a posting in any of the vacancies in Ernakulam or Kollam, during the general transfer 2011-2012, but without disturbing the second respondent. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/