IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 5575 of 2009(N) ------------------------------------ PETITIONER(S): ------------------------ SHIBU.G.NAIR S/O.LATE GOPALAN NAIR PATTAZHIVILA VEEDU, NADUVATHOOR VILLAGE KOTTARAKARA TALUK. BY ADV. MR.P.HARIDAS RESPONDENT(S): ------------------------ 1. DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 3. ADMINISTRATIVE ASSISTANT, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 4. HEADMISTRESS, GOVERNMENT U.P.SCHOOL, PADINJATTINKARA, KOTTARAKARA. 5. SMT.VALSAMMA, HEADMISTRESS, GOVERNMENT U.P.SCHOOL, PADINJATTINKARA, KOTTARAKARA. BY GOVERNMENT PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No.5575 of 2009 ====================================== Dated this the 24th day of February 2009 JUDGMENT The petitioner, who was working as Peon in the Government U.P.School, Padinjattinkkara, Kottarakkara challenges Ext.P5 order dated 11.2.2009 passed by the Administrative Assistant in the office of the Deputy Director of Education, Kollam. By Ext.P5, the Administrative Assistant directed that the petitioner shall stand transferred to Government Higher Secondary School, Thevanoor. He also directed the Headmaster to relieve the petitioner forthwith without waiting for a substitute. There is also a further direction that the disciplinary action against the petitioner will be continued. Aggrieved by Ext.P5, the petitioner has filed Ext.P6 representation before the Deputy Director of Education, Kollam and Ext.P7 appeal before the Director of Public Instruction. In this Writ Petition, the petitioner challenges Ext.P5 on the ground that the order of transfer is punitive in nature and that as the procedure prescribed in Kerala Civil Services (Classification, Control and Appeals) Rules, 1960 has not been followed, Ext.P5 is liable to be set aside. 2. The learned Government Pleader appearing for the official respondents on instructions, submits that pursuant to Ext.P5, the petitioner was relieved on 16.2.2009, and that no substitute has been posted in his place till date. 3. The question whether the order of transfer evidenced by W.P.(C)No.5575 of 2009 2 Ext.P5 is sustainable in law is primarily a matter for the Director of Public Instruction to decide in view of the fact that the petitioner has chosen to move the said authority. The order of transfer has also taken effect. In these circumstances, I dispose of this Writ Petition with a direction to the Director of Public Instruction to consider Ext.P7 appeal submitted by the petitioner and pass appropriate orders thereon, after affording him an opportunity of being heard. This shall be done within two weeks from the date on which the petitioner produces a certified copy of this judgment. Till then, the post of Peon in Government U.P.School, Padinjattinkara, Kottarakka shall not be filled up on a regular basis. P.N.RAVINDRAN, JUDGE css/