IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 21413 of 2011(B) -------------------------- PETITIONER: --------------- MANOHAR JAWAHAR.K.K, HEAD MASTER, GOVERNMENT HIGHER SECONDARY SCHOOL, MANJAPRA, ERNAKULAM DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM - 695 001. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE - 673 O01. 4. ASSAIN.P, HEADMASTER, GOVERNMENT HIGHER SECONDARY SCHOOL, IRINGALLOOR, KOZHIKODE - 673 001. 5. VIJAYALAKSHMI.K.P, HEADMISTRESS, GOERNMENT HIGHER SECONDARY SCHOOL, MARIYARANKUDY, IDUKKI DISTRICT - 685 201. BY GOVT.PLEADER SHRI V.VIJULAL FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)NO.21413/11 PETITIONER'S EXTS: EXT .P1: COPY OF RELEVANT PORTION OF THE PROCEEDINGS OF THE 2ND RESPONDENT DT.16.6.11. EXT .P2: COPY OF COMMUNITY CERTIFICATE. EXT .P3: COPY OF REPRESENTATION DT.28.7.22 SENT BY THE PETITIONER TO THE 2ND RESPONDENT EXT .P4: COPY OF PROCEEDINGS OF THE 2ND RESPONDENT DT.27.7.11. EXT.P5: COPY OF ORDER IN G.O.(RT)NO.2672/87/G.EDN. DT.10.9.87 ISSUED BY THE 1ST RESPONDENT. True copy P.A. To Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.21413 Of 2011 -------------------------------------------------- DATED THIS THE 12th DAY OF AUGUST, 2011 J U D G M E N T The petitioner is seeking for a direction to the 2nd respondent to consider the case of the petitioner for a transfer in any of the vacancies in Kozhikode District. 2. The petitioner is working as Headmaster of the Government Higher Secondary School, Manjapra in Ernakulam District. He was promoted as Headmaster and posted in the present station as per order dated 16.6.2011 and he joined there on 22.6.2011. 3. It is the case of the petitioner that the wife of the petitioner is working as Higher Secondary School Teacher(Junior- Zoology) in the Government Girls Higher Secondary School, Koyilandi in Kozhikode. His mother is aged and sickly and is residing in his house at this native place and there are no other male members in his family to look after his aged mother and children. 4. Seeking for a transfer to any of the vacancies in Kozhikode District, the petitioner has filed Exhibit P3 representation. It is pointed out that subsequently by Exhibit P4 W.P.(C)No.21413/11 -2- various transfers and postings were made and many of his juniors were accommodated in convenient vacancies. It is in these circumstances that the petitioner has filed this Writ Petition. 5. The learned Government Pleader on getting instructions submitted that the last date for receipt of application was on 20.7.2011 and the petitioner's application was belated. It is therefore submitted that the same could not be considered while passing Exhibit P4 order. 6. The learned counsel for the petitioner submitted that the application was forwarded by fax on 18.7.2011. Now that the 2nd respondent has received the same only after 20.7.11, the claim of the petitioner for accommodating him in any of the suitable vacancies can be considered only in terms of any of the existing vacancies or arising vacancies. Appropriate decision will be taken and communicated to the petitioner within a period of two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn