IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 4914 of 2011(L) -------------------------------- PETITIONER(S): ------------------- LINCY.L.SCARIA, VOCATIONAL TEACHER IN MLT, GRFT VHSS, KARUNAGAPPALLY. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): --------------------- 1. MURALEEDHARAN.K.K., VOCCATIONAL TEACHER IN MLT, GVHSS, NANDIKKARA, TRICHUR. 2. NAVEENA.P., VOCCATIONAL TEACHER IN MLT, GOVERNMENT MODEL GIRLS VHSS, TRICHUR. 3. THE DIRECTOR, VOCCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 4. STATE OF KERALA REP.BY SECRETARY DEPARTMENT OF EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. * ADDL. R5 IMPLEADED 5. THE PRINCIPAL, GRFT VHSS, KARUNAGAPPALLY. * IS IMPLEADED AS PER ORDR DATED 22/02/2011 IN I.A. NO.2988/2011 R1 BY ADV. SRI.P.V.KUNHIKRISHNAN R3 & R4 BY GOVT.PLEADER SMT.NISHA BOSE R5 BY ADV. SRI.KUNHIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2011, ALONG WITH RP.NO.134/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 4914/2011(L) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE DETAILS OF VOCATIONAL TEACHERS MLT. P2: COPY OF THE TRANSFER APPLICATION DATED 04/05/2009 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P3: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 01/02/2010. P4: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT DATED 08/11/2010. P5: COPY OF THE ORDR DATED 09/12/2010 PASSED BY THE 2ND RESPONDENT. P6: COPY OF THE JUDGMENT IN WPC. NO.37272/2010 OF THIS HON'BLE COURT. P7: COPY OF THE ORDER DATED 25/01/2011 PASSED BY THE 1ST RESPONDENT. P8: COPY OF THE NOTES OF ARGUMENT SUBMITTED BY THE PETITIONER. P9: COPY OF THE MEDICAL CERTIFICATE. P10: COPY OF THE APPOINTMENT ORDER. P11: COPY OF THE RELIEVING ORDER . RSPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.4914 Of 2011-L & Review Petition No.134 of 2011 ----------------------------------------------------- DATED THIS THE 3rd DAY OF MARCH, 2011 J U D G M E N T In W.P.(C)No.4914/2011, the petitioner is aggrieved by the order passed by the 3rd respondent whereby cancelling an earlier order transferring the petitioner to GRFT VHSS, Karunagappally, the petitioner is transferred back to GVHSS, Nandikkara, Thrissur. Consequently, 1st respondent is given a transfer from Thrissur to Karunagappally. 2. The petitioner herein belongs to Kollam District. When the petitioner was granted appointment, she was appointed as such in the Government Model Girls VHSS, Thrissur. For transfer to any other convenient schools, she was submitting applications before the Government and finally by Exhibit P4 an application was submitted for a transfer to GRFT VHSS, Karunagappally. The 2nd respondent in the Writ Petition, a physically handicapped candidate sought for a posting in Thrissur District and finally by Exhibit P5 order, the 3rd respondent transferred the petitioner to the School in Karunagappally and the 2nd respondent was given W.P.(C)No.4914/1 & R.P.134/11 -2- posting in Government Model Girls VHSS, Thrissur. It is stated in the Writ Petition that the petitioner joined at Karunagappally on 15.12.2010. 3. In fact the review petitioner in R.P.No.134/2011, who is the 1st respondent in W.P.(C)No. 4914/11, had approached this Court challenging the order passed by the 3rd respondent produced as Exhibit P5 in W.P.(C)No.4914/11 by filing W.P.(C) No.37272/10. The same was disposed of by judgment dated 28.1.2011, whereby this Court directed the appeal filed by the said petitioner as Exhibit P10 before the Government to be disposed of within a period of one month from the date of receipt of a copy of the judgment. 4. In the meanwhile, the Director of Vocational Higher Secondary Education passed a fresh order, which is produced as Exhibit P7 in W.P.(C)No.4914/11 whereby after cancelling the order Exhibit P5, the petitioner in W.P.(C)No.4914/2011 is transferred to GVHSS, Nandikara, Thrissur and the review petitioner in R.P.No.134/2011 is given a transfer from the said school to GRFT VHSS, Karunagappally. W.P.(C)No.4914/1 & R.P.134/11 -3- 5. The present situation is that the appeal filed against the order Exhibit P5 which was directed to be disposed of by this Court in W.P.(C)No.37272/10 is yet to be disposed of by the Government. But, in the meanwhile, it appears that based on a complaint by the Review Petitioner-Shri Muraleedharan K.K. in R.P.No.134/11, the 3rd respondent passed the order Exhibit P7 produced in W.P.(C)No.4914/2011. 6. In R.P.No.134/2011, the review petitioner seeks to recall the judgment in the light of the said development. This Court passed an interim order dated 17.2.2011 in W.P.(C) No.4914/2011 granting an interim stay as prayed for making it clear that this will not stand in the way of the Government considering the appeal filed by the 1st respondent as directed in Exhibit P6 judgment. It is the case of the review petitioner in R.P.No.134/11 that he has also joined the school at Karunagappally pursuant to the issuance of the transfer order. 7. Heard both sides. The learned counsel for the petitioner in W.P.(C)No.4914/2011 submitted that in Exhibit P7 no reasons have been stated by the Director to recall the earlier W.P.(C)No.4914/1 & R.P.134/11 -4- order Exhibit P5. The learned counsel invited my attention to various claims in the Writ Petition also. I am not adverting to the respective claims of the parties,since the appeal which was directed to be disposed of by this Court in W.P.(C)No.37272/10 filed against Exhibit P5 order by the review petitioner in R.P.134/2011 is still pending before the Government. 8. Evidently, therefore, Exhibit P7 order cannot survive, especially since no reasons have been stated in Exhibit P7 to recall the earlier order Exhibit P5. It appears that the Director passed the said order without knowledge about the judgment in W.P.(C)No.37272/2010. Therefore, Exhibit P7 produced in W.P. (C)No.4914/2011 is quashed. Since the review petitioner is stated to have joined in the transferee station and in the light of the fact that the order Exhibit P7 is quashed, consequently,he will have to go back to the school at Thrissur. The petitioner in W.P. (C)No.4914/2011 is continuing on the strength of the interim order of stay. 9. The learned counsel appearing for the review petitioner Shri P.V.Kunhikrishnan prayed that the review W.P.(C)No.4914/1 & R.P.134/11 -5- petitioner may be allowed to avail leave. It is a matter which the review petitioner may have to resort to. 10. The learned Government Pleader submitted that as directed by this Court in W.P.(C)No.37272/2010, the appeal is scheduled to be heard on 07.03.2011. To avoid further delay in the matter, both parties will appear before the concerned Officer hearing the appeal on 07.03.2011. 11. Review Petition No.134/2011 is filed by the review petitioner to recall the judgment in W.P.(C)No.37272/2010. The judgment was rendered directing the appeal to be disposed of. The learned counsel for the review petitioner submitted that in the light of the directions herein, the Review Petition is not pressed. Accordingly, the same is dismissed as not pressed. 12. The Government will hear the parties and pass appropriate orders as expeditiously as possible in terms of the directions issued in W.P.(C)No.37272/2010. W.P.(C)No.4914/2011 is allowed. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge