IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(C).No. 26520 of 2011(L) -------------------------- PETITIONER: ----------- M.VINOD KUMAR, UPPER DIVISION CLERK, GOVERNMENT HIGHER SECONDARY SCHOOL, MORAZHA,KANNUR 670 331. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,THIRUVANANTHAPURAM 695 001. 2. DEPUTY DIRECTOR OF EDUCATION, KANNUR 670 001. 3. THE ADMINISTRATIVE ASSISTANT, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KANNUR-670 001. BY GOVT.PLEADER SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JJJ WP(C).No. 26520 of 2011(L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE JUDGMENT DATED 19.08.2011 IN WP(C) NO.22592/2011. EXT.P2 TRUE COPY OF THE COMMUNICATION DATED 2.9.2011 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXT.P3 TRUE COPY OF THE ORDER DATED 5.9.2011 ISSUED BY THE 3RD RESPONDENT. EXT.P4 TRUE COPY OF THE REPRESENTATION DATED 12.9.2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A.TO JUDGE JJJ T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.26520/2011-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of October, 2011 J U D G M E N T The petitioner is working as Upper Division Clerk in the Government Higher Secondary School, Morazha in Kannur District. The petitioner was earlier working in the office of the Assistant Educational Officer and whileso he was suspended from service. Pursuant to the Judgment in W.P.(C).No.22592/2011, by Ext.P2 order, the Government directed the Deputy Director of Education, Kannur to reinstate the petitioner in service and to post him in the office of the Assistant Educational Officer, Payyannur. Thereafter, the petitioner was reinstated as per Ext.P3 order but the posting is given in a different place, namely, in the Government Higher Secondary School, Morazha in Kannur District. It is in these circumstances, the petitioner approached the Government again by filing Ext.P4 representation pointing out that the order passed by the Government is flouted by the Deputy Director of Education. W.P.(C). No.26520/2011 -:2:- 2. Learned Government Pleader on getting instructions submitted that the petitioner is given a posting in Government Higher Secondary School, Morazha since there is no vacancy in the office of the Assistant Educational Officer, Payyannur. 3. The learned counsel for the petitioner submitted that the suspension itself was to accommodate others and the same had led to the Government passing Ext.P2 order. I am not going into the details of the same, since it is upto the Government to consider and pass orders on Ext.P4 representation. Therefore, there will be a direction to the Government to consider and pass orders on Ext.P4 representation within six weeks from the date of receipt of a copy of this Judgment. The petitioner will produce a copy of the writ petition along with a certified copy of the Judgment before the first respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms