IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 15477 of 2011(H) -------------------------- PETITIONER(S): --------------------- ANIL P.A., PHYSICAL EDUCATION TEACHER (PET), BEMP HIGH SCHOOL, THALASSERY, KANNUR DISTRICT. BY ADVS. SRI.ALEXANDER THOMAS SRI.P.A.JACOB SRI.SINU.G.NATH RESPONDENT(S): ------------------------ 1. DIRECTOR OF PUBLIC INSTRUCTION (DPI), THIRUVANANTHAPURAM - 695 001. 2. CORPORATE MANAGEMENT OF CSI DIOCESAN SCHOOLS, (MALABAR & WAYANAD AREA), CSI NORTH KERALA DIOCESAN EDUCATIONAL AGENCY, REP. BY ITS CORPORATE MANAGER, CSI CORPORATE MANAGER'S OFFICE, BANK ROAD, MANANCHIRA, KOZHIKODE - 673 001. 3. THE HEAD MASTER, BEMP HIGH SCHOOL, THALASSERY, KANNUR DISTRICT - 673 001. 4. SRI. P.V.VALSALAN, HEAD MASTER, BEMP HIGH SCHOOL, THALASSERY, KANNUR DISTRICT - 673 001. 5. SRI. P.K.MOHANAN, PUNATHIL KANDY HOUSE, NEAR THRIKKUTTISSERY U.P. SCHOOL, KOOTTALIDA P.O., BALUSSERY (VIA), KOZHIKODE DISTRICT - 673 532. R1 BY GOVT. PLEADER SMT.NISHA BOSE R5 BY ADV. SRI.P.V.KUNHIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMV WPC NO.15477 OF 2011 (H) APPENDIX PETITIONER(S) EXHIBITS : P1. : COPY OF THE PROCEEDINGS NO.511/G DTD:04.09.2010 OF THE NCC OFFICER COMMANDING, THALASSERY. P2. : COPY OF GOVT. LETTER DTD: 07.06.2000. P3. : COPY OF THE GOVT. LETTER DTD: 11.05.2005. P4. : COPY OF ORDER NO.CM/DS/10-11/PT-22 ISSUED BY R-2. P5. : COPY OF ORDER NO.CM/DS/10-11/PT-22(a) ISSUED BY R-2. P6. : COPY OF LETTER DTD: 02.08.2010 ISSUED BY NCC AUTHORITIES. P7. : COPY OF LETTER DTD: 19.01.2011 ISSUED BY NCC AUTHORITIES. P8. : COPY OF ORDER NO.CM/2011/PT.14 DTD:23.05.2011 OF R-2. P9. : COPY OF ORDER DTD: 28.12.2010 OF R-1. P10. : COPY OF JUDGMENT DTD: 12.10.2010 IN WP 31197/10 P11. : COPY OF PETITIONER'S REPRESENTATION DTD: 02.06.2011 P12. : COPY OF LETTER DTD: 04.06.2011 OF COMMANDING OFFICER, NCC TO R-3. P13. : COPY OF LETER DTD: 01.07.2011 OF DPI TO COMMANDING OFFICER, NCC P14. : COPY OF PETITIONER'S REPRESENTATION DTD: 21.07.2011 P15. : COPY OF GOVT. LETTER NO.44966/K2/11/G.EDN. DTD: 24.08.2011 ISSUED TO DPI. P16. : COPY OF DPI LETTER NO.EM4/42958/2011/DPI DTD: 01.10.2011 ISSUED TO CORPORATE MANAGER. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE AMV T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 15477 of 2011-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of November, 2011. JUDGMENT The petitioner herein challenges Ext.P8 order of transfer, whereby the fifth respondent is transferred to B.E.M. High School, Thalassery and the petitioner is transfered to B.E.M. High School, Kasaragod, under the same management. It is pointed out by the learned counsel for the petitioner that Exts.P15 and P16 orders have been passed by the Government and the Director of Public Instruction, respectively by issuing directions to the Manager in the matter of transfer and posting of the fifth respondent to Kozhikode District, in compliance with the direction issued by this Court in W.P.(C) No.1042/2011 wherein the request for transfer made by the fifth respondent was directed to be considered. By Ext.P15, the Government has directed the Director of Public Instruction to give strict instructions to implement the judgment noted above. 2. The fifth respondent seeks cancellation of his transfer to Thalassery and seeks a re-transfer to Kozhikode. Now, it is submitted that in the light of Exts.P15 and P16, consequential orders will have to be passed by the Manager re-transferring the fifth respondent from Thalassery to wpc 15477/2011 2 Kozhikode and in the consequential vacancy the petitioner will have to be transferred from Kasaragod to Thalassery. 3. In the light of the directions in Exts.P15 and P16 orders issued in favour of the fifth respondent, once it is implemented, the petitioner also will be benefited. Therefore, there will be a direction to the second respondent to see that consequential orders as directed in Exts.P15 and P16 are issued within two weeks from the date of receipt of a copy of this judgment, by effecting transfer of the fifth respondent. Thereafter, appropriate orders with regard to the transfer of the petitioner from Kasaragod to Thalassery, will also be passed without any delay. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/