IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 5228 of 2010(C) ------------------------------------- PETITIONER: ------------------- P.K.SIVNANDAN, S/O.K.NARAYANAN NAMBIAR, AGED 55 YEARS, PRINCIPAL, G.V.H.S. SCHOOL(SPORTS) KANNUR. BY ADVS. MR.V.A.MUHAMMED, MR.K.E.HAMZA. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, THIRUVANANTHAPURAM-14. 3. SRI. K.VAUDEVAN NAMBOODIRI, HEADMASTER, G.M.V.H.S. SCHOOL, KASARGOD. R1 & R2 BY GOVT. PLEADER MR. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 5228 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of February, 2010 J U D G M E N T The petitioner was the Principal of G.V.H.S. School (Sports), Kannur. He is to retire by 31.03.2010. He was placed under suspension by the Director, in December 2009 on the basis of an alleged action of a teacher in fabricating a certificate for her son. According to the petitioner, the petitioner has no role in it. Considering these aspects the Director revoked the suspension of the petitioner but instead of directing reinstatement the petitioner at the school at G.V.H.S. School (Sports), Kannur, the petitioner was directed to be posted at school at Karthikapuram, 75 kms. away. Against the direction of transfer the petitioner filed an appeal before the Government, seeking a direction that the petitioner be continued at G.V.H.S. School (Sports), Kannur itself till his date of retirement. The W.P.(C)No. 5228 of 2010 -2- petitioner obtained a judgment in W.P.(C) No.1598/2010 for consideration of that appeal. However before passing of orders in the appeal, the Director issued orders posting the 3rd respondent at G.V.H.S. Kannur. According to the petitioner this is with a view to deprive reposting of the petitioner at Kannur. In the above circumstances the petitioner is challenging Ext.P4 order, posting the 3rd respondent to G.V.H.S School (Sports), Kannur. 2. I am of opinion that if and when the petitioner wins the appeal the petitioner would be entitled to be reposted G.V.H.S. School (Sports), Kannur notwithstanding the posting of the 3rd respondent. But I do not think that in the meantime the students and school shall suffer for want of a Principal and teacher in that school especially since annual examinations are fast approaching. As such I am not inclined to entertain this writ petition. Therefore without prejudice the right of the petitioner to claim posting at W.P.(C)No. 5228 of 2010 -3- Kannur if and when the petitioner wins the appeal, this writ petition is dismissed. S. SIRI JAGAN JUDGE shg/