IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 WP(C).No. 1300 of 2010(J) ------------------------- PETITIONER(S): --------------- SANTHOSH T.K., S/O.LATE RAGHAVA PODUVAL, AGED 46 YEARS, P.D.TEACHER, RESIDING AT 'NIVEDITHA', ANNUR P.O., PAYYANNUR-670 332. BY ADV. SRI.MAHESH V RAMAKRISHNAN RESPONDENT(S): --------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD EDUCATION DISTRICT, CIVIL STATION, VIDYANAGAR, KASARAGOD. 2. THE ASSISTANT EDUCATIONAL OFFICER, CHERUVATHUR EDUCATION SUB DISTRICT, P.O.CHERUVATHUR. GOVT. PLEADER SRI.T.T.MAHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 1300 of 2010 ================== Dated this the 14th day of January, 2010 J U D G M E N T The petitioner is a P.D. teacher in Government service. He is working on deputation under the SSA project. The petitioner's son is a hearing impaired child. He has undergone a major operation for curing his disability. Doctors have advised the petitioner to give him constant attention as evidenced by Ext.P2 medical certificate. In the above circumstances, the petitioner wanted cancellation of the deputation and to join the parent department so that the petitioner can get a posting somewhere near his residence to attend to his child. According to the petitioner, there is now a vacancy of P.D. teacher at G.U.P. School, Chandera, which is about 15 kilometers away from his house. The petitioner submitted Ext.P3 application for considering him for that vacancy or any other vacancy which is available within a short distance from his residence, after cancellation of his deputation. The petitioner seeks a direction to the 1st respondent to consider and pass orders on Ext.P3 expeditiously. 2. I have heard the learned Government Pleader also. He would submit that in W.P.(C).No.317/2010 another teacher has also staked a claim for transfer to the vacancy stated to have arisen at G.U.P.S. Chandera. According to the learned Government Pleader, the w.p.c.1300/10 2 request of both cannot be considered, because there are other senior claimants also, who are entitled to preferential transfer. 3. I am not inclined to go into the merits of the rival contentions. Now that the petitioner has filed Ext.P3 application, it is for the 1st respondent to consider the same in accordance with the guidelines applicable. Accordingly, this writ petition is disposed of with a direction to the 1st respondent to consider and pass orders on Ext.P3 application as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment after hearing all concerned. Since the petitioner herein as well as the petitioner in W.P.(C).No.317/2010 lays claim for the same vacancy at G.U.P.S. Chandera and I had directed the 1st respondent to consider his claim also, it is only appropriate that the request of the petitioner in that writ petition and Ext.P3 in this writ petition be considered together. Needles to say, both shall be disposed of only after hearing other teachers who are also likely to be affected by any favourable orders to the petitioners in the two writ petitions. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.1300/10 3