IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 550 of 2009(M) ------------------------ PETITIONER(S): --------------- MURALI PALLATH, HSST, GHSS, KUTTAMATH CHERUVATHUR, KASARAGOD. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): --------------- DIRECTOR OF HIGHER SECONDARY EDUCATION THIRUVANANTHAPURM. BY GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.550 of 2009 --------------------------------------------- Dated this the 6th day of January, 2009 JUDGMENT The petitioner was appointed as Higher Secondary School Teacher (Political science) and he was posted at Government Higher Secondary School, Kuttamath in Kasaragod District. It is stated that the petitioner is a physically handicapped person having 50% disability. The petitioner belongs to Kannur District and his home station is Kannur. He is working in GHSS, Kuttamath since 5.12.2005. Petitioner submitted Exts.P4 and P5 applications, seeking transfer to his home district. Ext.P4 application was submitted at the time of general transfer in 2007 and Ext.P5 application was submitted at the time of general transfer in 2008-2009. It is stated that the request for transfer was not considered. Later, on 14.10.2008, pointing out that a vacancy of HSST (Political science) has arisen in AVS GHSS, Karivellur in Kannur District and requesting to post the petitioner at Karivellur, Ext.P6 application and Ext.P6(a) representation were submitted to the respondent. Exts.P6 and WPC No550/2008 2 P6(a) are not disposed of by the respondent. The reliefs prayed for in the writ petition are the following: “ (i) Issue a writ of mandamus or any other writ, order or direction to the respondent to grant transfer to the petitioner to AVS GHSS, Karivellur, as applied in Ext.P6. (ii) To command the respondent to consider and pass orders on Ext.P6 in the light of Ext.P2 Government Order, within two weeks. (iii) To declare that the petitioner is entitled to get transfer to AVS GHSS, Karivellur, based on the preference in Ext.P2 Government Order. (iv) To issue any other writ order or direction as this Hon'ble court may deed fit in the facts and circumstances of the case.” Learned counsel for petitioner submits that for the time being, the petitioner confines his relief to relief no.(ii). Learned Government Pleader submitted that the respondent will consider and dispose of Exts.P6 and P6(a) shortly, without much delay. WPC No550/2008 3 In the facts and circumstances of the case, this writ petition is disposed of as follows: (i) The respondent shall consider Exts.P6 and P6(a) in the light of the relevant Government Orders in force as expeditiously as possible and at any rate within a period of two weeks from the date of receipt of a copy of this judgment. (ii) If no orders are passed for filling up the post of HSST, in AVS GHSS, Karivellur, the post shall be filled up only after disposal of Exts.P6 and P6(a). It is made clear that the petitioner waives a right to be heard before the respondent in the matter of disposal of Exts.P6 and P6(a). K.T.SANKARAN, JUDGE csl