IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16933 of 2010(N)
1. SAJI.D.,S/O.LATE DAMODARAN,AGED 42 YEARS
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY THE
... Respondent
2. GENERAL MANAGER, CORPORATE MANAGEMENT OF
3. JYOTHI MOL,H.S.A,SOCIAL SCIENCE
4. SHINI MOL, H,S,A,, SOCIAL SCIENCE,
For Petitioner :SRI.SHAJI P.CHALY
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :01/06/2010
O R D E R
C.T. RAVIKUMAR, J.
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WP (C) NO. 16933 of 2010
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Dated this the 1st day of June, 2010
J U D G M E N T
The petitioner is a High School Assistant in Social
Science, presently working at S.N.D.P.H.S.S.,
Udayamperoor. As per Exhibit P1 the petitioner was
ordered to be transferred and posted to S.N.D.P.H.S.S.,
Adimaly. This writ petition has been filed challenging
Exhibit P1 order of transfer.
2. Essentially, the contention of the petitioner is that
Exhibit P1 order has been issued in violation of Rule 10 of
Chapter XIV A of the Kerala Education Rules. According to
the petitioner, it is the violation of the seniority norms that
resulted in his transfer. A scrupulous adherence to the
norms of transfer as provided under Rule 10 would have
avoided the transfer of the petitioner. It is further
contended that the norms of transfer have been violated
solely for the purpose of favouring the 3rd respondent.
3. A perusal of Rule 10 of Chapter XIV A would reveal
WP (C) NO. 16933 of 2010
2
that, the order of transfer passed by the Educational Agency
is appealable before the Director of Public Instructions in
terms of sub rule 5 thereunder. Since Exhibit P1 order is
appealable in terms of Sub rule 5 of Rule 10 of Chapter XIV
A, without making any observation as to the merits of the
contentions of the petitioner this writ petition is disposed of
granting liberty to the petitioner to avail the remedy
available under Sub rule 5 of Rule 10 of Chapter XIV A. In
case the petitioner files an appeal as provided thereunder,
to the concerned appellate authority under the Rule, within
a period of one week from today the same shall be
considered and appropriate orders shall be passed there on
expeditiously, within a period of six weeks with notice to the
petitioner and respondent nos. 2 and 4.
This writ petition is disposed of, accordingly.
C.T. RAVIKUMAR,
JUDGE.
rkc