IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 WP(C).No. 16933 of 2010(N) -------------------------- PETITIONERS: --------------- SAJI.D.,S/O.LATE DAMODARAN,AGED 42 YEARS, HIGH SCHOOL ASSISTANT, S.N.D.P.H.S.S., UDAYAMPEROOR, ERNAKULAM DISTRICT, RESIDING AT KANNAMCHERIL HOUSE,NADAKAVU PO, UDAYAMAPEROOR, ERNAKULAM - 682 307. BY ADV. MR.SHAJI P.CHALY RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. GENERAL MANAGER, CORPORATE MANAGEMENT OF S.N.D.P.YOGAM SCHOOLS, KOLLAM. 3. JYOTHI MOL,H.S.A,SOCIAL SCIENCE S.N.D.P.V.H.S.S.,ADIMALY. 4. SHINI MOL, H.S.A., SOCIAL SCIENCE, S.N.D.P.V.H.S.S.,UDAYAMPEROOR. GOVERNMENT PLEADER MR. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. ---------------------------------------- WP (C) NO. 16933 of 2010 ---------------------------------------- Dated this the 1st day of June, 2010 J U D G M E N T The petitioner is a High School Assistant in Social Science, presently working at S.N.D.P.H.S.S., Udayamperoor. As per Exhibit P1 the petitioner was ordered to be transferred and posted to S.N.D.P.H.S.S., Adimaly. This writ petition has been filed challenging Exhibit P1 order of transfer. 2. Essentially, the contention of the petitioner is that Exhibit P1 order has been issued in violation of Rule 10 of Chapter XIV A of the Kerala Education Rules. According to the petitioner, it is the violation of the seniority norms that resulted in his transfer. A scrupulous adherence to the norms of transfer as provided under Rule 10 would have avoided the transfer of the petitioner. It is further contended that the norms of transfer have been violated solely for the purpose of favouring the 3rd respondent. 3. A perusal of Rule 10 of Chapter XIV A would reveal WP (C) NO. 16933 of 2010 2 that, the order of transfer passed by the Educational Agency is appealable before the Director of Public Instructions in terms of sub rule 5 thereunder. Since Exhibit P1 order is appealable in terms of Sub rule 5 of Rule 10 of Chapter XIV A, without making any observation as to the merits of the contentions of the petitioner this writ petition is disposed of granting liberty to the petitioner to avail the remedy available under Sub rule 5 of Rule 10 of Chapter XIV A. In case the petitioner files an appeal as provided thereunder, to the concerned appellate authority under the Rule, within a period of one week from today the same shall be considered and appropriate orders shall be passed there on expeditiously, within a period of six weeks with notice to the petitioner and respondent nos. 2 and 4. This writ petition is disposed of, accordingly. C.T. RAVIKUMAR, JUDGE. rkc