IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 5855 of 2009(B) ------------------------- PETITIONER: --------------- WILSON DANIEL,AGED 40 YEARS, S/O.LATE C.M. DANIEL, H.S.A. (SOCIALSTUDIES) JERUSALEM MOUNT HIGH SCHOOL, VAKATHANAM, KOTTAYAM DIST. BY ADV. SRI.S.JAYAKRISHNAN RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL, SECRETARTY TO GOVERNMENT, GENERAL EDUCATION (A), DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHI, THIRUVANANTHAPURM. 3. DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM. 4. THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM. 5. THE MANAGER, CATHOLICATE & M.D. SCHOOLS, DEVALOKAM, KOTTAYAM. BY GOVT. PLEADER SHRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ---------------------------------------------- W.P(C) No. 5855 of 2009-B --------------------------------------------- Dated this the 24th February, 2009. J U D G M E N T The petitioner entered service as Upper Primary School Assistant in St.Paul's High School, Vazhoor, managed by the fifth respondent, on 13.7.1992 . He was promoted as HSA (Social Science) on 4.8.1997 and posted in St.Thomas High School, Karthikappally, yet another school managed by the fifth respondent. Both these appointments were approved. 2. A vacancy of HSA (Social Science) arose in Jerusalem Mount High School, Vakathanam, on 2.6.2008, consequent on the promotion of Smt.P.K.Annamma, as Headmaster of the school. The Manager thereupon transferred the petitioner from St.Paul's High School, Vazhoor to Jerusalem Mount High School, Vakathanam. By Exhibit P1 order passed on 30.10.2008, the District Educational Officer, Kottayam, declined to approve the transfer of the petitioner from Vazhoor to Vakathanam on the ground that the appointment of Smt.P.K.Annamma as Headmaster of Jerusalem Mount High School, Vakathanam has not been approved. The fifth respondent Manager thereupon moved the Deputy Director of Education, Kottayam, in appeal. That appeal was rejected by Exhibit P2 order dated 8.1.2009. W.P(C) No. 5855 of 2009-B 2 Aggrieved by Exhibits P1 and P2, the fifth respondent Manager has filed Exhibit P3 before the Director of Public Instruction. The petitioner has filed Exhibit P4 representation before the Secretary to Government, General Education Department. In this writ petition, the petitioner challenges Exhibits P1 and P2 and prays for a direction to respondents 2 to 4 to approve his transfer from Vazhoor to Vakathanam. He also seeks a writ in the nature of mandamus commanding the Director of Public Instruction to pass orders on Exhibit P3 appeal filed by the fifth respondent Manager and the first respondent to pass orders on Exhibit P4 representation filed by him. 3. As noticed above the appointment of Smt.P.K.Annamma as Headmaster of Jerusalem Mount High School, Vakathanam was not approved by the District Educational Officer. The appeal filed by the Manager before the Deputy Director of Education was also rejected. Smt.P.K.Annamma the Headmaster thereupon filed a representation before the Government and thereafter filed W.P(C)No.5799 of 2009 in this Court. I have by judgment delivered today disposed of W.P(C) No.5799 of 2009 with a direction to the State Government to consider the representation filed by her and pass orders thereon after affording her and the fifth respondent Manager an opportunity of being heard. I W.P(C) No. 5855 of 2009-B 3 have also directed that final orders in the matter shall be passed within three months from the date of receipt of a copy of this judgment. 4. Exhibits P1 and P2 disclose that the transfer of the petitioner from Vazhoor to Vakathanam has not been approved only for the reason that the appointment of Smt.P.K.Annamma as Headmaster of Jerusalem Mount High School, Vakathanam has not been approved. I have by judgment delivered today in W.P(C)No.5799 of 2009 directed the Government to consider the revision petition filed by Smt.P.K.Annamma seeking approval of her appointment. I am therefore of the opinion that this writ petition can be disposed of with a direction to the Government to consider Exhibit P4 representation also while passing orders as directed by this Court in W.P(C)No.5799 of 2009. I accordingly dispose of this writ petition with the following directions: i) The Government shall consider Exhibit P4 representation filed by the petitioner and pass orders thereon after affording the petitioner and the fifth respondent Manager an opportunity of being heard. ii) The Government shall take up Exhibit P4 representation for hearing along with the representation filed by Smt.P.K.Annamma W.P(C) No. 5855 of 2009-B 4 which is the subject matter of W.P(C)No.5799 of 2009. Final orders in the matter shall be passed within the time stipulated in W.P(C)No.5799 of 2009 and in terms of the directions contained therein. In view of the fact that the Government have been directed to pass orders on Exhibit P4, Exhibit P3 appeal filed by the Manager before the Director of Public Instruction shall stand struck off. The writ petition is disposed of as above. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge AB