IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(C).No. 23550 of 2008(C) -------------------------- PETITIONER: ------------ TOJAN JOB, AGED 34 YEARS, HIGH SCHOOL ASSISTANT, GOVT. HIGHER SECONDARY SCHOOL, KUDAYATHOOR, THODUPUZHA, IDUKKI DISTRICT. RESIDING AT JO BHAVAN, HOSPITAL ROAD, KOONAMUCHY, THRISSUR. BY ADV. SRI.M.R.DHANIL SRI.SOJAN JOB RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, IDUKKI. 4. DEPUTY DIRECTOR OF EDUCATION, THRISSUR. BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 23550 OF 2008 ............................................................................ Dated this the 5th August, 2008 J U D G M E N T The petitioner is a High School Assistant working in the Government Higher Secondary School, Kudayathoor, Thodupuzha, Idukki district. It is stated that he has rendered five years and nine months' service in the school which is situated in a hilly area. The petitioner submitted Ext. P1 application for inter district transfer . In the application, he opted three schools mentioned therein. Ext.P2 certificate issued by the Tahsildar, Udumbanchola was also submitted along with Ext. P1 application to prove that the school in which the petitioner is working is situated in a remote, tribal class I hill tract area. The grievance of the petitioner is that his application for transfer is not being considered. The petitioner relies on Ext.P3 guidelines, particularly Clause 17(b) therein in support of his contention that he is entitled to get an inter district transfer. 2. The reliefs prayed for in the Writ Petition are the following: “i) Issue a writ in the nature of mandamus commanding the 4th respondent to consider the claim of the petitioner for transfer to any of the 3 schools encumbered therein with due weightage to his hard station service in the Idukki district. ii) Issue a writ in the nature of mandamus commanding the respondents to add one year notionally to the total service of the petitioner while considering interse claim among other applicants for being appointed as H.S.A. Physical Science by transfer. iii) To declare that the petitioner is entitled to add one year W.P.(C) No. 23550 OF 2008 2 notionally to the total service of the petitioner while considering interse claim among other applicants for being appointed as H.S.A. Physical Science by transfer, and iv) Pass such other orders or directions as this Hon'ble Court may deem just, fit and necessary in the facts and circumstances of the case.” 3. Ext.P1 application for inter district transfer is not disposed of. The fourth respondent has to dispose of Ext. P1 application. Since Ext. P1 application is pending, the request made by the petitioner for a direction to the fourth respondent to dispose of Ext. P1 application is just and reasonable. The Writ Petition is accordingly disposed of in the following manner: i) The fourth respondent shall consider and dispose of Ext. P1 application in accordance with law and in accordance with the relevant guidelines governing transfer. ii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the fourth respondent. The petitioner would be entitled to file additional representation pointing out all the relevant facts for consideration before the fourth respondent. iii) The fourth respondent shall dispose of Ext. P1 application as expeditiously as possible and at any rate within a period of two months. K.T. SANKARAN, JUDGE. lk