High Court Kerala High Court

K.Padmanabhan vs The State Of Kerala on 25 November, 2008

Kerala High Court
K.Padmanabhan vs The State Of Kerala on 25 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33545 of 2008(R)


1. K.PADMANABHAN, PRINCIPAL, G.H.S.S.
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE DIRECTOR, DIRECTORATE OF HIGHER

                For Petitioner  :SRI.V.C.JAMES

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :25/11/2008

 O R D E R
                   ANTONY DOMINIC, J.
                   --------------------------
               W.P.(C) No.33545 OF 2008
              -------------------------------------
       Dated this the 25th day of November 2008

                       J U D G M E N T

The complaint of the petitioner is regarding Ext.P5,

whereby his request for transfer has been rejected. The

petitioner submits that since 2005, he is working as a

Principal in the Higher Secondary Education. By Ext.P1, he

applied for general transfer. However, he submits that since

in Ext.P1 he indicated only Thaliparamba as the home

station opted, he made Ext.P2 also indicating two other

choices.

2. His request for transfer was considered and by

Ext.P5, the same has been rejected on the ground that

there is no vacancy available in the school opted in Ext.P1.

However nothing is stated about the choices indicated in

Ext.P2. This order is sought to be justified by the learned

Government Pleader by contending that there is no suitable

W.P.(C) No.33545/2008
-2-

vacancy in the place opted by the petitioner in Ext.P1.

3. However, the fact remains that long before Ext.P5

order was rendered, the petitioner had also submitted

Ext.P2, where he has indicated two other schools in Kannur

District, where, according to him, vacancies are available.

Ext.P2 has not been considered by the 2nd respondent. In

view of this, I direct that the 2nd respondent shall consider

Ext.P2, if the same has been received and is pending, in the

light of the guidelines governing the transfer as sought for

by the petitioner. Orders as directed above shall be passed

as expeditiously as possible, at any rate, within six weeks of

production of a copy of this judgment, along with a copy of

this writ petition.

The writ petition is disposed of as above.

(ANTONY DOMINIC, JUDGE)

jg