IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 WP(C).No. 19322 of 2010(M) -------------------------- PETITIONER(S): --------------- 1. DR.SELVARAJ.C, HIGH SCHOOL ASSISTANT (HINDI), GOVT. VOCATIONAL HIGHER SECONDARY SCHOOL, POOVAR, THIRUVANANTHAPURAM. 2. SHYLA.S, HIGH SCHOOL ASSISTANT (HINDI), GOVT. HIGHER SECONDARY SCHOOL FOR GIRLS, NEYYATTINKARA, THIRUVANANTHAPURAM. 3. GIRIJAKUMARI.V, HIGH SCHOOL ASSISTANT (HINDI), GOVT. HIGHER SECONDARY SCHOOL, ANAVOOR, THIRUVANANTHAPURAM. BY ADV. SRI.B.RAGUNATHAN SRI.M.SALIM SRI.R.SRINATH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR OF PUBLIC INSTRUCTION, JAGATHI, THIRUVANANTHAPURAM- 695 014. 3. DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 036. GOVERNMENT PLEADER SRI.DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.19322 OF 2010 -------------------------------------------- Dated this the 25th day of June, 2010 JUDGMENT The petitioners are working as High School Assistants (Hindi) in different Higher Secondary Schools. They had submitted applications for transfer during the general transfer specifying the places of their choice. After due consideration of their applications for transfer, as per Ext.P1 dated 8.6.2010, they were transferred from their present schools based on their choice. Thereafter, the petitioners have submitted Exts.P2 to P4 requesting to retain them in the respective schools in which they are working. Their contention is that even if Ext.P1 is cancelled, it would not affect any administrative or academic interest. It is their specific contention that in their place no substitutes have been transferred and posted. Feeling aggrieved by the delay in the matter of consideration of Exts.P2 to P4 that this Writ Petition has been filed. 2. Evidently, Ext.P1 order was passed on the request made of by petitioners. Therefore, naturally, they cannot have any grievance against Ext.P1. However, petitioners 1 and 3 have submitted representations W.P.(C) NO.19322/2010 2 before the issuance of Ext.P1 and in the case of the third petitioner, she has submitted Ext.P3 representation evidently after the issuance of Ext.P1. In view of the specific contention of the petitioners that they are still continuing in the respective schools in which they are working prior to the issuance of Ext.P1 order of transfer and that no substitutes have been transferred and posted in their place, this Writ Petition is disposed of as follows:- The third respondent shall forward Exts.P2 to P4 to the second respondent within a period of ten days from the date of receipt of a copy of this judgment. On receipt of Exts.P2 to P4 from the third respondent, the second respondent shall consider the request for cancellation of Ext.P1 made by the petitioners thereunder expeditiously, at any rate, within a period of one month thereafter. In case no substitutes have been transferred and posted against the posts held by the petitioners, they shall be permitted to continue in their respective schools in which they are working till a decision is taken as directed above. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.19322/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO.19322/2010 JUDGMENT 25th June, 2010 W.P.(C) NO.19322/2010 4