IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 21914 of 2008(H) -------------------------- PETITIONER: ------------ V S DILEEP, SELECTION GRADE LECTURER (ECONOMICS) KKTM GOVERNMENT COLLEGE, PULLUT,KODUNGALLUR. (RESIDING AT VELIPARAMBIL HOUSE, PO KAZHIMBRAM, EDAMUTTOM, TRICHUR-680 568.) BY ADV. SRI.MILLU DANDAPANI ADV. SRI.HANSON.P.MATHEW RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE UNDER SECRETARY-HIGHER EDUCATION, DEPARTMENT OF COLLEGIATE EDUCATION, GOVERNMENT SECRETARIAT, TRIVANDRUM-695001. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM. 3. SMT.T.P.JAMEELA, SELECTION GRADE LECTURER (ZOOLOGY), MAHARAJAS COLLEGE, ERNAKULAM, COCHIN-682 111. BY GOVERNMENT PLEADER ADV. SMT. T.B. REMANI. R3 BY ADV. SRI.S.K.HARISH AND BY ADV. SRI.N.B.SUNILNATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21914 of 2008(H) APPENDIX. PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF REPRESENTATION DATED 03.03.2008 SUBMITTED BY THE PETITIONER. EXT.P2: TRUE COPY OF ORDER NO. B4/6694/2008/COL. Edn. DEPARTMENT DATED 24.05.2008 ISSUED BY 1ST RESPONDENT . EXT.P3: TRUE COPY OF G.O.(RT)NO.1069/08/H.Edn. DATED 18.07.2008 ISSUED BY 1ST RESPONDENT. EXT.P4: TRUE COPY OF REPRESENTATION DATED 19.07.2008 SUBMITTED BY PPETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5: TRUE COPY OF G.O.(MS) NO.27/94/H.Edn. DATED 21.02.1994 ISSUED BY 1ST RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R3(a) TRUE COPY OF THE DISCHARGE SUMMERY AND OPERATION NOTES ISSUED FROM LISSIE HOSPITAL, ERNAKULAM. EXT.R3(b) TRUE COPY OF THE REPREPSENTATION DATED 18.05.2008 SUBMITTED BY ME BEFORE THE 2ND RESPONDENT. EXT.R3(c) TRUE COPY OF THE GO(P) No. 12/04/P&ARD DATED 10.09.2004 ISSUED BY THE GOVERNMENT OF KERALA. /TRUE COPY/ P.A. TO JUDGE. K.T. SANKARAN, J. ............................................................................ W.P.(C)No. 21914 OF 2008 ............................................................................ Dated this the 26th August, 2008 J U D G M E N T While the petitioner was working as Selection Grade Lecturer in Economics in the P.M. Government College, Chalakkudy, he made Ext. P1 representation dated 03.03.2008 requesting to post him in the college at his home station, viz., K.K.T.M. Government College, Pullut. In Ext. P1, he also stated that his second preference for posting is Government College, Thrissur followed by Government College, Chalakkudy. As per Ext. P2 order of transfer dated 24.05.2008, the petitioner was transferred to K.K.T.M. Government College, Pullut in the retirement vacancy of one Sobhanakumary which arose on 31.03.2008. The petitioner has taken charge at K.K.T.M. Government College on 04.06.2008 2. Ext. P1 representation dated 03.03.2008 was made at a time when the post of Principal at the K.K.T.M. Government College was lying vacant. In Ext. P1 representation, it is stated that as there is a good chance for the petitioner for getting promotion as Principal after 31.03.2008, he may be posted as Principal, K.K.T.M. Government College, Pullut. In Ext. P1 representation, it was made clear that he had already applied for a transfer to K.K.T.M. Government College, Pullut in the general transfer request . W.P.(C)No. 21914 OF 2008 2 3. As per Ext. P3 order dated 18.07.2008, promotions and postings of Selection Grade Lecturers as Principals were made. The petitioner was promoted as Principal and was posted as such at EKNM Government College, Elerithattu. By Ext. P3 order, the third respondent who was working as Selection Grade Lecturer in the Maharaja's College, Ernakulam was promoted as Principal and posted as such in the K.K.T.M. Government College, Pullut. Ext. P3 order is under challenge in this Writ Petition. 4. The case of the petitioner is that in Ext. P1 representation, he had made a specific request to post him as Principal in the K.K.T. M. Government College, Pullut where the post of Principal was lying vacant at that time. The petitioner was anticipating his promotion as Principal at the time when Ext. P1 representation was made. It was stated in Ext. P1 representation that the petitioner's father is aged 95 years and that his presence at his residence is absolutely necessary. It is stated in the Writ Petition that now he is posted at Elerithattu which is a far away place in Kannur district. The petitioner states that his date of superannuation is 29.11.2008. Pointing out his grievances, the petitioner submitted Ext. P4 representation dated 19.07.2008 to the first respondent. Ext. P4 representation is not so far disposed of. 5. At the time when the Writ Petition came up for admission, an interim order dated 21.07.2008 was passed. The interim order dated 21.07.2008 reads as follows: “Admit. Government Pleader takes notice for respondents W.P.(C)No. 21914 OF 2008 3 1 and 2. Petitioner shall serve a copy of the Writ Petition to the Government Pleader. Notice by Special Messenger to the third respondent. There will be an interim stay of Ext. P3 in so far as the petitioner and the third respondent are concerned. The vacancy of Principal at KKTM Government College, Pullut shall be kept vacant for a period of two weeks. It is made clear that the stay order is not a stay of promotion of the petitioner and the third respondent. Post on 29th July 2008.” The interim order dated 21.07.2008 is being extended from time to time. 6. The third respondent has filed a counter affidavit, in which it is stated that her husband had undergone a Bye-Pass surgery and that he is in need of strict medical supervision and personal attention. It is also stated that her mother aged 79 years is living with the third respondent. It is also pointed out that the third respondent had submitted a representation before the second respondent to post her in a nearby station. In paragraph No.6 of the counter affidavit, it is stated thus: “It is humbly submitted that the petitioner by Exhibit P1 had opted not only KKTM College, Pullut, but also opted for Thrissur and Chalakkudy colleges. The petitioner has not impleaded those Lecturers who were promoted to the other colleges he opted for. The date of retirement of Sri M.P.Ravindrakumar, who is promoted under Rule 31(a) (1) Part II KS & SSR on the pretext of exigency of service, is enlisted to be promoted as Principal, Government W.P.(C)No. 21914 OF 2008 4 College, Thrissur is 31.3.2012. Being a junior grade Lecturer than the petitioner and me, and having more service than us, the petitioner ought to have impleaded him. The petitioner by confining only me in the party array is only to harass me and refraining me to take charge as Principal at KKTM College, Pullut.” The third respondent contends that the general guidelines for transfer and posting of teachers would not apply in the case of Principals , particularly when promotion and posting is made. The third respondent states that the Writ Petition is devoid of merit. 7. Learned Government Pleader submits that Ext. P3 order is not a transfer order, but an order promoting and posting Selection Grade Lecturers as Principals to different stations. By Ext. P3 order, the petitioner is promoted as Principal and posted as such in the EKNM Government College, Elerithattu. There cannot be any grievance against Ext. P3 on the basis of Ext.P5 guidelines for transfer and postings of College Teachers. According to the Government Pleader, Ext. P5 does not apply to transfer and posting of Principals. 8. Ext P4 is not disposed of so far. It is necessary to consider the grievance of the petitioner . At the same time, it is also necessary to consider the grievance of the third respondent . The matters mentioned in paragraph No. 6 of the counter affidavit of the third respondent may also be relevant. Of course, the person concerned is not made a party to the Writ Petition. At the W.P.(C)No. 21914 OF 2008 5 same time, when Ext. P4 is considered by the first respondent, the matters mentioned in paragraph No.6 of the counter affidavit of the third respondent may also assume importance. Of course, the concerned person shall also be afforded an opportunity of being heard. The first respondent shall consider all the relevant aspects and dispose of Ext. P4 representation, after affording an opportunity of being heard to the petitioner, the third respondent and any other person who is likely to be affected. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: i) The first respondent shall consider Ext. P4 representation submitted by the petitioner as expeditiously as possible, and at any rate, within a period of three weeks from today, after affording an opportunity of being heard to the petitioner, the third respondent and any other person who is likely to be affected. ii) Till the disposal of Ext. P4 representation, the interim order dated 21.07.2008, which is being extended from time to time shall be in force. iii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent within a period of ten days. K.T. SANKARAN, JUDGE. W.P.(C)No. 21914 OF 2008 6 lk