IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 WP(C).No. 28682 of 2009(E) -------------------------------------- PETITIONER(S): --------------------- JOSHY MOHANDAS, PHYSICAL EDUCATION TEACHER, GOVT.BOYS HIGH SCHOOL, KAYAMKULAM, RESIDING AT THANDASSERIL HOUSE, OPPOSITE LIC, KAYAMKULAM. BY ADV. MR.P.SREEKUMAR MR.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): ------------------------ 1. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR (EDUCATION), ALAPPUZHA. 3. THE HEADMISTRESS, GOVT.BOYS HIGH SCHOOL, KAYAMKULAM. 4. THE COMMANDING OFFICER, 8 (K) BN NCC, THAZHAKKARA, MAVELIKARA. R1 & R2 BY BY SR.GOVERNMENT PLEADER MR.MUHAMOOD T.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.28682 of 2009-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of October, 2009. JUDGMENT The petitioner herein has been working as a Physical Education Teacher in Govt. Boys High School, Kayamkulam. He was posted as such as per Ext.P1 order. He was also working as the care taker of the NCC unit in the said school. It is his case that there are 130 cadets in the unit and considering the difficulties to get caretakers for maintaining NCC units and the number of units, the petitioner was selected to undergo further training. The petitioner is aggrieved by Ext.P4 order by which he is transferred to G.R.F.T. High School, Arthunkal. According to him, the transfer has caused undue hardship now, in the sense that NCC Unit in the said school will not get his service and apart from that, if he is transferred to Arthunkal, he will have to reside in the hostel and therefore, there will be nobody to look after his family which includes his wife and a two year old child. 2. The petitioner has produced along with I.A. No.13170/2009, Ext.P8 representation submitted before the Director of Public Instruction in the matter. 3. In the statement filed on behalf of the second respondent, mainly wpc 28682/2009 2 it is pointed out that it is due to the dearth of sufficient periods in Kayamkulam that the post had to be abolished and the petitioner had to be transferred. 4. The Director of Public Instruction will therefore consider Ext.P8 and pass appropriate orders within a period of one month from the date of production of a copy of this judgment. The grievances highlighted by the petitioner will be considered while such orders are passed. The competent officer of G.R.F.T. High School will consider the request of the petitioner to divest him from the duties as Warden in view of the personal difficulties experienced by him. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/