IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 WP(C).No. 23326 of 2008(B) PETITIONER: ------------ PADMAKUMAR T., NIGHT WATCHMAN, GOVERNMENT WOMEN'S COLLEGE, THIRUVANANTHPURAM. BY ADV. SMT.P.V.ASHA RESPONDENT: ------------- DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.K.R.SABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 23326 OF 2008 B -------------------------------------------- Dated this the 19th August, 2008 JUDGMENT The petitioner is working as Night Watchman in Government Women's College, Thiruvananthapuram. The petitioner was appointed as per order dated 5.5.2007, on being advised by the Public Service Commission from the rank list for appointment of last grade servants. It is stated that the petitioner is a resident of Thiruvananthapuram District. He states that he has acquired National Trade Certificate from ITI in the trade of Fitter. 2. The petitioner states that after he joined duty he came to know that vacancies of last grade servants were existing in the Department of Technical Education. Ext.P2 application was submitted by the petitioner through proper channel for interdepartmental transfer. The department which is opted by the petitioner is the Technical Education Department. The grievance of the petitioner is that though similarly situated persons were granted interdepartmental transfer as per Ext.P3 order, the request of the petitioner was not considered. The petitioner relied on Rule 17(d) of the Special Rules for Kerala Last Grade Service. It is contended that the five years' service is not necessary if the transfer is sought to inter- department in the same District. It is contended that the posts of Night W.P.(C) NO.23326 OF 2008 :: 2 :: Watchman in the Collegiate Education Department and Watchman in the Technical Education Department are of the same category, namely, category 2(k) of the Special Rules. According to the petitioner, there are several vacancies of Peon and Watchman existing in the various polytechnics and engineering colleges in Thiruvananthapuram District. 3. The reliefs prayed for in the Writ Petition are the following: a) Declare that the refusal to grant inter-departmental transfer to petitioner along with those transferred in Exhibit P3 order is illegal and to issue a writ of mandamus or other appropriate writ, order, or direction commanding the respondent to consider the request of petitioner contained in Exhibit P2 for interdepartmental transfer and to appoint him in any of the vacancies of Peon or Watchman existing under the respondent; b) to issue such other directions as this Hon'ble Court may deem fit and proper; c) Grant the costs of this petition.” 4. Learned Government Pleader submitted that the respondent will consider Ext.P2 application for interdepartmental transfer expeditiously and till then one vacancy of Watchman/Peon in the Technical Education Department will be kept vacant for accommodating the petitioner, if ultimately it is found that the petitioner is entitled for interdepartmental transfer. Learned counsel for the petitioner submitted that such a course would redress the grievance of the petitioner. W.P.(C) NO.23326 OF 2008 :: 3 :: In the facts and circumstances of the case, the Writ Petition is disposed of in the following manner: a) The respondent shall consider Ext.P2 application submitted by the petitioner for interdepartmental transfer, as expeditiously as possible and, at any rate, within a period of two months. b) Till a decision is taken by the respondent in Ext.P2 application, one vacancy of Watchman/Peon in the Technical Education Department shall be reserved for being filled up if it is found that the petitioner is entitled for interdepartmental transfer as prayed for in Ext.P2. (K.T.SANKARAN) Judge ahz/