IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23550 of 2008(C)
1. TOJAN JOB, AGED 34 YEARS, HIGH SCHOOL
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. DIRECTOR OF PUBLIC INSTRUCTION,
3. DEPUTY DIRECTOR OF EDUCATION, IDUKKI.
4. DEPUTY DIRECTOR OF EDUCATION,
For Petitioner :SRI.M.R.DHANIL
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :05/08/2008
O R D E R
K.T. SANKARAN, J.
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W.P.(C) No. 23550 OF 2008
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Dated this the 5th August, 2008
J U D G M E N T
The petitioner is a High School Assistant working in the Government Higher
Secondary School, Kudayathoor, Thodupuzha, Idukki district. It is stated that he has
rendered five years and nine months’ service in the school which is situated in a hilly
area. The petitioner submitted Ext. P1 application for inter district transfer . In the
application, he opted three schools mentioned therein. Ext.P2 certificate issued by the
Tahsildar, Udumbanchola was also submitted along with Ext. P1 application to prove
that the school in which the petitioner is working is situated in a remote, tribal class I
hill tract area. The grievance of the petitioner is that his application for transfer is not
being considered. The petitioner relies on Ext.P3 guidelines, particularly Clause 17(b)
therein in support of his contention that he is entitled to get an inter district transfer.
2. The reliefs prayed for in the Writ Petition are the following:
“i) Issue a writ in the nature of mandamus commanding the 4th
respondent to consider the claim of the petitioner for transfer to
any of the 3 schools encumbered therein with due weightage to
his hard station service in the Idukki district.
ii) Issue a writ in the nature of mandamus commanding the
respondents to add one year notionally to the total service of the
petitioner while considering interse claim among other applicants
for being appointed as H.S.A. Physical Science by transfer.
iii) To declare that the petitioner is entitled to add one year
W.P.(C) No. 23550 OF 2008
2
notionally to the total service of the petitioner while considering
interse claim among other applicants for being appointed as
H.S.A. Physical Science by transfer, and
iv) Pass such other orders or directions as this Hon’ble Court
may deem just, fit and necessary in the facts and circumstances
of the case.”
3. Ext.P1 application for inter district transfer is not disposed of. The fourth
respondent has to dispose of Ext. P1 application. Since Ext. P1 application is pending,
the request made by the petitioner for a direction to the fourth respondent to dispose of
Ext. P1 application is just and reasonable.
The Writ Petition is accordingly disposed of in the following manner:
i) The fourth respondent shall consider and dispose of Ext. P1 application in
accordance with law and in accordance with the relevant guidelines governing transfer.
ii) The petitioner shall produce a copy of the Writ Petition and certified copy of
the judgment before the fourth respondent. The petitioner would be entitled to file
additional representation pointing out all the relevant facts for consideration before the
fourth respondent.
iii) The fourth respondent shall dispose of Ext. P1 application as expeditiously
as possible and at any rate within a period of two months.
K.T. SANKARAN,
JUDGE.
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