IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 WP(C).No. 35046 of 2010(E) -------------------------- PETITIONER(S): --------------- K.V.RAJAN, S/O.GOVINDAN NAMBIAR, AGED 38 YEARS, HIGH SCHOOL ASSISTANT (SOCIAL STUDIES) PADIYUR KALLIAD PANCHAYATH HIGHER SECONDARY SCHOOL, ULIKKAL,KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE DEPUTY DIRECTOR OF EDUCATION KANNUR, KANNUR DISTRICT 670 003. 3. THE HEADMASTER PADIYUR KALLIAD PANCHAYATH HIGHER SECONDARY SCHOOL ULIKKAL, KANNUR DISTRICT 670 705. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------- W.P.(C).No.35046 of 2010 ------------------------------------ Dated this the 9th day of December, 2010 JUDGMENT The petitioner is working as High School Assistant (Social Studies) in Padiyur-Kalliad Panchayath Higher Secondary School, Ulikkal. He was appointed as advised by the Kerala Public Service Commission. Pursuant to the Advice Memo issued by the Kerala Public Service Commission, the Manager of the school appointed the petitioner as High School Assistant (Social Studies). The petitioner joined service on 28.10.2005. 2. Government issued G.O.(M.S) No.2/10/Gen.Edn. Dated 2.1.2010 for taking over Panchayath schools. The petitioner submitted Exhibit P3 application dated 26.2.2010 for transfer, the choice of which was mentioned in the application. The Deputy Director of Education issued Exhibit P4 dated 24.6.2010 to the Headmaster of the school stating that the application for transfer could not be considered as no orders W.P.(C) No.35046/2010 2 were received from the Director of Public Instruction in the matter of transfer of teachers working in Panchayath schools. There upon the petitioner filed Exhibit P5 representation dated 30.10.2010 before the Government praying to issue necessary direction to the Deputy Director of Education to entertain the application for transfer submitted by the petitioner and to direct the Deputy Director to pass orders thereon on the merits. Exhibit P5 representation is pending, according to the petitioner. When the Writ Petition came up on 1.12.2010, the learned Government Pleader submitted that Exhibit P5 was not seen received by the first respondent. The petitioner, after verification, submitted that Exhibit P5 was registered in the General Education Department as File No.A/72407/2010/G.Edn. 3. Though several reliefs are claimed in the Writ Petition, learned counsel for the petitioner submitted that for the time being, it is sufficient if relief No.(iii) is granted. 4. In the facts and circumstances of the case, the Writ W.P.(C) No.35046/2010 3 Petition is disposed of as follows : The first respondent shall consider and dispose of Exhibit P5 representation dated 30.10.2010 submitted by the petitioner, as expeditiously as possible, and at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and any other affected party. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. The petitioner shall also send a copy of the judgment to the Headmaster by registered post and he shall produce proof of the same before the first respondent. K.T.SANKARAN JUDGE csl