IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28682 of 2009(E)
1. JOSHY MOHANDAS,
... Petitioner
Vs
1. DIRECTOR OF PUBLIC INSTRUCTIONS,
... Respondent
2. DEPUTY DIRECTOR (EDUCATION),
3. THE HEADMISTRESS,
4. THE COMMANDING OFFICER,
For Petitioner :SRI.P.SREEKUMAR
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :23/10/2009
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) No.28682 of 2009-E
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Dated this the 23rd day of October, 2009.
JUDGMENT
The petitioner herein has been working as a Physical Education
Teacher in Govt. Boys High School, Kayamkulam. He was posted as such
as per Ext.P1 order. He was also working as the care taker of the NCC unit
in the said school. It is his case that there are 130 cadets in the unit and
considering the difficulties to get caretakers for maintaining NCC units and
the number of units, the petitioner was selected to undergo further training.
The petitioner is aggrieved by Ext.P4 order by which he is transferred to
G.R.F.T. High School, Arthunkal. According to him, the transfer has caused
undue hardship now, in the sense that NCC Unit in the said school will not
get his service and apart from that, if he is transferred to Arthunkal, he will
have to reside in the hostel and therefore, there will be nobody to look after
his family which includes his wife and a two year old child.
2. The petitioner has produced along with I.A. No.13170/2009,
Ext.P8 representation submitted before the Director of Public Instruction in
the matter.
3. In the statement filed on behalf of the second respondent, mainly
wpc 28682/2009 2
it is pointed out that it is due to the dearth of sufficient periods in
Kayamkulam that the post had to be abolished and the petitioner had to be
transferred.
4. The Director of Public Instruction will therefore consider Ext.P8
and pass appropriate orders within a period of one month from the date of
production of a copy of this judgment. The grievances highlighted by the
petitioner will be considered while such orders are passed. The competent
officer of G.R.F.T. High School will consider the request of the petitioner
to divest him from the duties as Warden in view of the personal difficulties
experienced by him.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/