IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WA.No. 1308 of 2011 --------------------- AGAINST THE JUDGEMENT IN WP(C) No.313/2010 Dated 18/08/2011 .................... APPELLANT/PETITIONER: --------------------------- SALIN JOSEPH, PHYSICAL EDUCATION TEACHER, ST.JOSEPH'S HIGH SCHOOL, PERAVOOR, (S/O.JOSEPH, THATTIADU, VELLERVALLY POST, PERVAVOOR, KANNUR DISTRICT.) BY ADV. SMT.T.D.RAJALAKSHMI RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE CORPORATE MANAGER, THE CORPORATE EDUCATIONAL AGENCY, ARCDIOCESE OF THALASSERY, SANDESABHAVAN, THALASSERY - 670 101. 2. THE HEADMASTER, ST. JOSEPH'S HIGH SCHOOL, PERAVOOR - 670 673. 3. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DIST. EDUCATIONAL OFFICE, THALASSERY - 670 101. 4. MR. JOSEPH V.D., P.T. TEACHER, MARYGIRI HIGH SCHOOL, THERTHALLAY - 670 571. R1 & R2 BY ADV. SRI.KRB. KAIMAL, SENIOR ADVOCATE. SRI.B. UNNIKRISHNA KAIMAL. R3 BY SENIOR GOVT. PLEADER, SMT. K. MEERA. R4 BY ADV. SRI.V.C. JAMES SRI.GEORGE MECHERIL. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA.No. 1308 of 2011 APPENDIX APPELLANT'S EXHIBITS: ANEXURE A1 : TRUE COPY OF THE TRANSFER ORDER DATED 20.08.2011 ISSUED BY THE 1ST RESPONDENT. /TRUE COPY/ PA TO JUDGE J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No.1308 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of September, 2011 JUDGMENT Ramachandra Menon, J. The appellant who is working as a Physical Education Teacher in the St.Joseph's High School, Peravoor, Kannur District was transferred as per Ext.P5 order dated 31.12.2009, which was under challenge by filing the writ petition before the learned Single Judge. 2. After considering the versions put forth by the parties concerned, interference was declined by the learned Single Judge holding that there was no question of mala fides at all. However, during the course of final hearing it was mentioned from the part of the management that, the action pursued by the management being transparent, if any representation is filed by the writ petitioner seeking for a convenient posting, the same will be considered and appropriate orders will be passed, which in turn was recorded by the Court. 3. The grievance of the appellant in this appeal is that, immediately after passing the judgment on 18.08.2011, W.A. No. 1308 of 2011 -:2:- Annexure A1 order dated 20.08.2011 was passed even without giving any opportunity to file representation as aforesaid; whereby the appellant stands ordered to be posted in St.Augustine's HS, Nellikutty; which hence is sought to be intercepted. 4. Going by the materials on record, it is seen that the observation made by the learned Single Judge while passing the judgment under challenge amounts only to recording the submission made by the learned counsel appearing for the Management, volunteering to extend some or other relief to the writ petitioner. This by itself did not confer any vested or independent right upon the writ petitioner to challenge the order of transfer; more so, when a positive finding was rendered, holding that Ext.P5 transfer order was beyond challenge. It is also discernible from Annexure A1 order passed by the Management that, it was by giving effect to the submission made before the learned Single Judge that the matter was 'suo motu' considered by the Management even without any representation and it was accordingly, that the appellant was given a better W.A. No. 1308 of 2011 -:3:- posting by placing him in St.Augustine's High School, Nellikutty, instead of the transfer to the Marygiri High School, Therthally, ordered earlier as per Ext.P5. It is also observed in Annexure A1 that the school to which the appellant/writ petitioner was originally transferred earlier was far away from the native place of the teacher concerned and that the hardship in this regard is sought to be mitigated by providing the transfer, as per Annexure A1 order. In the above facts and circumstances, we do not find any ground for interference. The appeal fails and the same is dismissed in limine. J.Chelameswar, Chief Justice. P.R.Ramachandra Menon, Judge. ttb