IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(C).No. 31585 of 2008(I) ------------------------------------- PETITIONER(S): ------------------------ S. KABEER, S/O. SHAFARUDHEEN, AGED 35 YEARS, HIGHER SECONDAFRY SCHOOL TEACHER (MALAYALAM), DARUL HIDAYA ORPHANAGE HIGHER SECONDARY SCHOOL, POOKARATHARA, P.O. KOLOLUMBA VIA, EDAPPAL, MALAPPURAM DISTRICT. BY ADVS. MR.V.A.MUHAMMED MR.K.E.HAMZA RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, TRIVANDRUM. 3. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, KOZHIKODE. 4. THE MANAGER, DARUL HIDAYA ORPHNAGAE HIGHER SECONDARY SCHOOL, POOKARATHARA, P.O.KOLOLUMBA VIA, EDAPPAL, MALAPPURAM DISTRICT. 5. SMT. S. SHAMMA BEEVI, HIGHER SECONDARY SCHOOL TEACHER (JUNIOR) MALAYALAM, DARUL HIDAYA ORPHANAGE HIGHER SECONDARY SCHOOL, POOKARATHARA, P.O. KOLOLUMBA VIA EDAPPAL, MALAPPURAM DISTRICT. BY ADV. MR.BENOY THOMAS FOR R4 BY GOVERNMENT PLEADER MR.P.K.RAVIKRISHNAN FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.31585/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.ACD.A3/18575/HSE /01 OF THE 2ND RESPONDENT DT. 22.12.03. P2:- COPY OF THE ORDER NO.ACD.A2/14769/HSE/04 OF THE 2ND RESPONDENT DT. 27.10.04. P3:- COPY OF THE ORDER NO.ACD.A2/14769/HSE /01 OF THE DO. DO. DT. 15.10.08. P4:- COPY OF THE APPEAL PETITION FILED BEFORE THE GOVERNMENT DT. 22.10.08. TRUE COPY P.S. TO JUDGE TSS T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.31585 of 2008-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of May, 2009. JUDGMENT The petitioner herein was appointed as a Higher Secondary School Teacher (Malayalam) in Nochat Higher Secondary School, Perambra on 25.6.2001. The said appointment was approved. Subsequently, he was ordered to be transferred by the management by way of inter-management mutual transfer as per Ext.P2. Accordingly, he joined in the new school on 9.11.2004. Four years thereafter, the fifth respondent raised a claim for the post in which the petitioner had joined. By Ext.P3, the Director issued orders directing to promote the firth respondent as Higher Secondary School Teacher and to accommodate the petitioner in the junior post. The petitioner, aggrieved by the said order, has preferred an appeal Ext.P4 before the Government. This court, while admitting the writ petition, passed an interim order staying Ext.P3 which was being extended from time to time. 2. Heard learned counsel for the petitioner, learned Govt. Pleader and learned counsel for the 5th respondent. Since Ext.P4 appeal is pending before the Government, there will be a direction to the first respondent to wpc 31585/2008 2 take a decision on Ext.P4 after hearing the petitioner and respondents 4 and 5, within a period of three months from the date of receipt of a copy of this judgment. The interim order passed by this court will continue to be in force till the appeal is heard and disposed of. The writ petition is disposed of as above. N costs. (T.R. Ramachandran Nair, Judge.) kav/