IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 WP(C).No. 17985 of 2011(W) --------------------------------- PETITIONER: -------------- FLOWER PAUL, PRIMARY DEPARTMENTAL TEACHER, GOVERNMENT HIGHER SECONDARY SCHOOL, ERUMAPETTY. BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENTS: ------------------ 1. DEPUTY DIRECTOR (EDUCATION), THRISSUR, PIN – 680 003. 2. HEADMASTER, GOVT. HIGHER SECONDARY SCHOOL, ERUMAPETTY, PIN – 680 584. BY SRI.V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.17985/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER No.A4-4690/10(7) DTD. 11.11.10 OF R1. EXT. P2 : COPY OF REPRESENTATION DTD. 16.11.10 SUBMITTED BY PETITIONER TO R1. EXT. P3 : COPY OF JUDGMENT DTD. 17.3.11 IN W.P.(C) 34980/10-V OF THIS COURT. EXT. P4 : COPY OF STATEMENT SHOWING THE PUPIL'S STRENGTH AS ON THE 6TH WORKING DAY. EXT. P5 : COPY OF LETTER No.A4/20487/2010 DTD. 24.6.11 OF R2 TO R1. EXT. P6 : COPY OF REPRESENTATION DTD. 1.7.11 SUBMITTED BY PETITIONER TO THE DEPUTY DIRECTOR (EDUCATION), THRISSUR. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.17985 OF 2011 --------------------------------------- Dated this the 6th day of July, 2011. J U D G M E N T The petitioner who is working as P.D Teacher in the Government Higher Secondary School seeks for retention in the same school in the light of the students strength reflected in this year. By Ext.P5, the Deputy Director of Education directed the Headmaster of the school to implement the order of transfer dated 11.11.2010 whereby the petitioner was transferred to G.V.H.S.S, Desamangalam. 2. In fact, the petitioner had earlier approached this Court by filing W.P.(C) No.34980/2010 wherein the order of transfer was challenged. The order of transfer was upheld by this Court in Ext.P3 judgment. It is pointed out that even though in this school year the petitioner was continuing there, it is only by Ext.P5 the order of transfer is sought to be implemented. 3. Learned counsel for the petitioner submitted that the petitioner has filed a representation as per Ext.P6 before the W.P.(C) No.17985/2011 2 Deputy Director of Education pointing out that going by the students strength reflected in the 6th working day, there is chance of one more additional division being sanctioned in the U.P. section of the school and accordingly, he prayed for retention in the school. 4. Learned Government Pleader on getting instructions submitted that only after the staff fixation is finalised, the position will be evident as to whether one more division will be available in the U.P. section of the said school. In that view of the matter, after the finalisation of the staff fixation if an additional division is available, the request of the petitioner as per Ext.P6 will be considered and appropriate orders will be passed. This writ petition is disposed of with the above observation. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp