IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 3659 of 2009(I) ------------------------- PETITIONER(S): --------------- P.SREEDHARAN, S/O. A. CHANDU, AGED 43 YEARS, RESIDING AT MADIKAI, AMBALATHU KARA, KASARGOD DISTRICT, PRESENTLY WORKING AS HSST SOCIOLOGY, GOVT. HSS PADRE, VANI NAGAR P.O., KASARGOD DIST. BY ADV. SRI.T.MADHU RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, HIGHER SECONDARY EDUCATION, DIRECTORATE OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.3659 of 2009 --------------------------------------------- Dated this the 4th day of February, 2009 JUDGMENT The petitioner is working as Higher Secondary School Teacher (Sociology) in the Government Higher Secondary School, Padre in Kasargod District. It is stated that he has contracted intercaste marriage. His wife, who is a physically handicapped person, is working as Senior Auditor in Co-operative Department at Kasaragod. The petitioner submitted an application for transfer before the second respondent Director of Higher Secondary Education in July 2008 when applications were invited for effecting general transfer. The petitioner requested for transfer to the school opted in the application. That request was not acceded to. As per Ext.P1 list of applicants for general transfer, the petitioner is serial No.6. 2. The petitioner states that the first respondent has sanctioned an additional post of HSST (Sociology) in Government Higher Secondary School, Balla, Kasaragod, as per Government order dated 15.9.2008. This is evidenced by Ext.P2 certificate issued by the Principal of Government HSS, Balla East. Applications were invited on 7.10.2008 for transfer in the newly WPC No.3659/2009 2 created post. The petitioner submitted Ext.P3 application dated 13.10.2008. He has indicated Government HSS, Balla as one of the schools of his choice. Ext.P3 was not considered and disposed of by the second respondent. 3. The only relief sought for by the petitioner is to issue a direction to the second respondent to consider and take a decision on Ext.P3 application for transfer submitted by the petitioner. The learned Government Pleader submitted that the second respondent will consider Ext.P3 without delay. 4. For the aforesaid reasons, the Writ Petition is disposed of directing the Director of Higher Secondary Education, Thiruvananthapuram to consider Ext.P3 application for transfer submitted by the petitioner, as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of the judgment. It is not necessary to afford an opportunity of being heard to the petitioner, as the petitioner waives any such right and seeks an urgent and expeditious disposal of the application. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the second respondent without delay. K.T.SANKARAN, JUDGE csl