IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 WP(C).No. 17084 of 2008(J) -------------------------- PETITIONER: ------------ S.S.RADHAKRISHNAN, P.D.TEACHER, GOVT. U.P.SCHOOL, KUNNATHUKAL, TRIVANDRUM, UNDER ORDERS OF TRANSFER TO GOVT.U.P.S.THOLIKODU. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS: ------------- 1. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 3. HEADMASTER KUNNATHUKAL, THIRUVANANTHAPURAM. BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J.. -------------------------------------- W.P.(C) No.17084 of 2008 -------------------------------------- Dated this the 13th day of June, 2008. J U D G M E N T The petitioner was working as P.D.Teacher at Government U.P. School, Kunnathukal, Parassala. The petitioner is aggrieved by Ext.P2 order dated 31.5.2008 transferring him from Government U.P. School, Kunnathukal to Government U.P.School, Tholicode. It is stated that Ext.P2 order is issued on administrative ground and based on the findings in an enquiry conducted by the Deputy Director of Education. The grievance of the petitioner is that he was not heard while making the enquiry and he was not issued with any notice. It is also pointed out that the observations in Ext.P2 order of transfer would cause severe hardships and difficulties to the petitioner in his service. The prayer is to quash Ext.P2 order dated 31.5.2008. 2. On the face of Ext.P2 order, it cannot be said that the order of transfer is vitiated by mala fides. The allegations and averments in the Writ Petition also do not indicate existence of any mala fides. When an order of transfer of the petitioner is issued, certainly he can make a representation to the Deputy Director of Education pointing out his grievance and the Deputy Director of Education shall consider the representation in accordance with law. I WP(C) No.17084/2008 2 do not find any ground to interfere with Ext.P2 order of transfer. It is submitted by the learned Government Pleader that the petitioner was relieved during the pendency of the Writ Petition. This submission is recorded. 3. The petitioner is also aggrieved by the directions in Ext.P2 order of transfer that the Headmaster concerned should not forward the transfer application of the petitioner until further orders. When a representation is made to the Deputy Director of Education, the petitioner can point out his grievance in this regard as well. The direction in Ext.P2 order, as stated above, would not stand in the way of the Deputy Director of Education passing appropriate orders, either modifying or cancelling such direction. It is made clear that I have not expressed any opinion on the merits of the case. The Deputy Director of Education has to consider Ext.P3 representation dated 6.6.2008 within a period of one month from today. The petitioner would be free to submit additional representation pointing out his grievance. The petitioner shall produce a copy of the Writ Petition before the Deputy Director of Education for the effective consideration of the representation. The Writ Petition is disposed of as above. K.T. SANKARAN, JUDGE. cks