IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 WP(C).No. 26106 of 2010(K) -------------------------- PETITIONER(S): --------------- C.C.PAULSON, S/O.C.P.CHERUKUTTY, AGED 48 YEARS,HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE) & ASSOCIATE N.C.C OFFICER GOVERNMENT NATIONAL BOYS HIGH SCHOOL,KODAKARA (RESIDING AT CHERUVATHOOR HOUSE,P.O.ELINJIPRA PIN-680721) BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESTEND BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT SECRETARIAT, TRIVANDRUM 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM.-14 3. THE DEPUTY DIRECTOR OF EDUCATION AYYANTHOLE, THRISSUR DISTRICT. 4. THE HEADMISTRESS GOVERNMENT NATIONAL BOYS HIGH SCHOOL KODAKARA, THRISSUR DISTRICT. BY G.P.SRI.DILIP MOHAN FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.26106 of 2010 ---------------------------------------- Dated 18th August, 2010 JUDGMENT The petitioner is a High School Assistant (Physical Science) in Government National Boys High School, Kodakara and he is also the Associate N.C.C. Officer in the said school. The petitioner is aggrieved by Ext.P4 order of transfer. In fact, he had earlier approached this Court by filing W.P.(C)No.14786 of 2010. The same was disposed of as per Ext.P6 judgment granting liberty to the petitioner to file a petition before the second respondent and the second respondent was, in turn, directed to dispose of the same. As per Ext.P6 judgment, Ext.P4 order of transfer was ordered to be kept in abeyance. In terms of the directions in Ext.P6 judgment, the petitioner has filed a petition before the second respondent and after considering the same Ext.P8 order dated 4.8.2010 has been passed by the second respondent. As per Ext.P8, Ext.P5 petition submitted by the petitioner was rejected. Aggrieved by the said rejection, the petitioner has preferred Ext.P9 appeal before the Government. Ext.P9(a) is the stay petition moved in the said appeal. Exts.P9 WP(C).No.26106/2010 2 and P9(a) are now pending before the first respondent. Since Exts.P9 and P9(a) are pending before the first respondent, the merits of the contentions need not be looked into at this stage. Therefore, this writ petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P9 appeal preferred by the petitioner expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. In the meanwhile, the first respondent shall take up Ext.P9(a) petition for stay and pass orders thereon within a period of two weeks from the date of receipt of a copy of this judgment. Considering the fact that even as per Ext.P6 judgment Ext.P4 order was ordered to be kept in abeyance and it is still kept in abeyance, I am of the view that, in the interest of justice, Ext.P4 shall be kept in abeyance till an order is passed on Ext.P9. C.T.RAVIKUMAR Judge TKS