Kerala High Court
P.K.Sivanandan vs The State Of Kerela Represented By Its on 15 March, 2010
Bench: K.Balakrishnan Nair, P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 468 of 2010()
1. P.K.SIVANANDAN,S/O.K.NARAYANAN NAMBIAR,
... Petitioner
Vs
1. THE STATE OF KERELA REPRESENTED BY ITS
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTION,
3. SRI.K.VASUDEVAN NAMBOODIRI,HEADMASTER,
For Petitioner :SRI.V.A.MUHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :15/03/2010
O R D E R
K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ.
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W.A. No.468 of 2010
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Dated 15th March, 2010.
J U D G M E N T
Balakrishnan Nair, J.
The writ petitioner is the appellant. While working as Principal of the Government Municipal Vocational Higher Secondary School (Sports), Kannur, he was suspended from service, by order dated 9.12.2009. Later, accepting his explanation, he was reinstated in service, by Annexure 1 order dated 2.1.2010, without prejudice to the disciplinary action initiated against him. But, he was transferred from the parent school to the Vocational Higher Secondary School, Karthikapuram, Kasaragode District. Challenging the said transfer, the appellant approached this Court, by filing W.P.(C) No.1598/2010. Before moving this Court, he had already moved the Government, by filing a representation, praying to cancel the transfer and repost him to the Government Municipal Vocational Higher Secondary School(Sports), Kannur. This Court, by Ext.P2 judgment, directed to consider his representation, Ext.P4, mentioned in that Writ Petition, in accordance with law, within one month from the date of receipt of a copy of that judgment. W.A. NO.468/2010 2 Pending consideration of that representation, the third respondent was posted to the appellant's parent school, as per Ext.P4 order. Challenging Ext.P4, to the extent it posts the third respondent at Kannur, the Writ Petition was filed.
2. The learned Single Judge dismissed the Writ Petition, taking the view that if the petitioner's appeal is allowed by the Government, he can go back to the parent school at Kannur. Dissatisfied with the judgment, this Writ Appeal is preferred.
3. The appellant has no legal right to insist that nobody else should be posted at the Government Municipal Vocational Higher Secondary School (Sports), Kannur, while the Government is considering his appeal. In the absence of any legal right, this Court cannot grant any relief to the appellant. In the matter of transfer, it is well settled that the powers of this Court are very limited. This Court can interfere with the impugned order, if only it is shown that the transfer is contrary to any statutory provisions or vitiated by malafides. We find that no such ground is available in this case and therefore, the learned W.A. NO.468/2010 3 Single Judge has rightly declined to interfere with the transfer, ordered as per Ext.P4. We find no reason to take a different view. Accordingly, the Writ Appeal is dismissed.
K.BALAKRISHNAN NAIR, JUDGE.
P.N.RAVINDRAN, JUDGE.
tgs K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ.
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J U D G M E N T Dated 15th March, 2010.