IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WA.No. 11 of 2009() ------------------- AGAINST THE JUDGEMENT IN WPC.23230/2008 Dated 22/08/2008 .................... APPELLANT(S): RESPONDENTS IN WPC ------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, (KERALA) POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF POLICE ACADEMY, KERALA POLICE ACADEMY, RAMAVARMAPURAM, THRISSUR. 4. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 5. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. BY SR. GOVERNMENT PLEADER MR.BENNY GERVACIS RESPONDENT(S): PETITIONER IN THE WPC ------------------------------------ ASWATHY.V., LOWER DIVISION CLERK, KERALA POLICE ACADEMY, RAMAVARMAPURAM, THRISSUR. BY ADV.MR.ELVIN PETER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, C.J & ANTONY DOMINIC, J. ---------------------------------------------- W.A.No. 11 of 2009 ---------------------------------------------- Dated this the 14th day of June, 2011 JUDGMENT Antony Dominic, J. The respondents in W.P(C).No.23230 of 2008 are the appellants. They are aggrieved by the judgment of the learned Single Judge directing that the respondent, who was then working as L.D.Clerk in the Police Academy, be relieved on inter- departmental transfer to join as L.D.Clerk in the Government Higher Secondary School, Thannyam. The judgment was rendered on 22nd August, 2008 and it is now submitted by the learned Government Pleader that in compliance with the directions in the judgment, the respondent has been relieved on 23rd September, 2008 itself. Therefore, by lapse of time, the challenge in the Writ Appeal has become infructuous and therefore we do not propose to go into the merits of the controversy. 2. The learned Government Pleader submits that they are aggrieved by the finding of the learned Single Judge that the stand taken by the appellants that the respondent cannot seek inter-departmental transfer within five years of joining service is WA.11/09 2 untenable. Having regard to the fact that the Writ Appeal has become infructuous, we clarify that we have not adjudicated this contention and that the said contention is left open to be agitated in appropriate proceedings. The Writ Appeal is disposed of as above. J.CHELAMESWAR, CHIEF JUSTICE ANTONY DOMINIC, JUDGE vgs