IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 35941 of 2010(P) -------------------------- PETITIONER(S): --------------------- MURALI PALLATH, HSST (POLITICAL SCIENCE), GOVT. GIRLS HIGHER SECONDARY SCHOOL, PAYYANNUR - 670 307, KANNUR DISTRICT. BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENT(S): ------------------------ 1. THE GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, TRIVANDRUM - 695 001. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, TRIVANDRUM - 695 001. 3. SYAMALA.P., PRINCIPAL GOVT. GIRLS HSS, PAYYANNUR - 670 307, KANNUR DISTRICT. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------- W.P.(C).No.35941 of 2010 P ----------------------------------------- Dated this the 22nd day of December, 2010 JUDGMENT The petitioner is working as HSST in Political Science in Government Girls Higher Secondary School, Payyannur. He was transferred to that school as per Exhibit P1 order dated 6.1.2010 passed by the Director of Higher Secondary Education. Exhibit P1 order was passed on the basis of the directions contained in the judgment dated 21.12.2009 in W.P.(C) No.34492 of 2009. According to the petitioner, he is a physically challenged person having 50% disability. 2. As per Exhibit P2 G.O.(Rt) No.5299/10/G.Edn. dated 26.11.2010, the third respondent, who was working as Principal in Malur G.H.S.S., Koothuparamba, was transferred to Government Girls Higher Secondary School, Payyannur. It is stated that the third respondent is also handling Political Science as a Subject. The apprehension of the petitioner is that as per the general norms for transfer of the Principals of WPC No.35941/2010 2 Higher Secondary Schools, when Principals are transferred and posted at a station, teachers handling the same subject have to be shifted. The third respondent as well as the petitioner being persons dealing with the same subject, namely, Political Science, the petitioner apprehends that he would be shifted to another school. It is stated that going by Exhibits P3 and P4 guidelines, the petitioner is not otherwise liable to be transferred to another place. Pointing out the grievance, the petitioner submitted Exhibit P5 representation to the first respondent. Exhibit P5 is pending disposal. In Exhibit P5, the petitioner has pointed out the likelihood of a vacancy arising in A.V.S.G.H.S.S., Karivellur. 3. When the Writ Petition came up for admission on 1.12.2010, an interim order was passed not to shift the petitioner from the present school for a period of one month. 4. Heard the learned counsel for the petitioner and the learned Government Pleader. WPC No.35941/2010 3 5. Since Exhibit P5 representation is pending before the Government, it is only just and proper to direct the Government to dispose of the same expeditiously. It is also just and necessary to keep alive the interim order till the disposal of Exhibit P5 representation. 6. In the facts and circumstances, the Writ Petition is disposed of as follows : (i) The first respondent shall consider and dispose of Exhibit P5 representation submitted by the petitioner, as expeditiously as possible, and at any rate, within a period of six weeks from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner. (ii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. WPC No.35941/2010 4 (iii) The petitioner shall also send a copy of the judgment and a copy of the Writ Petition to the third respondent by registered post and the petitioner shall produce proof of the same before the first respondent. (iv) Till the disposal of Exhibit P5 representation, the interim order dated 1.12.2010 will continue to be in operation. K.T.SANKARAN JUDGE csl