IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(C).No. 19519 of 2011(L) -------------------------------- PETITIONER: -------------- C.R.SOMAN, LECTURER IN ELECTRONICS, GOVT.POLYTECHNIC COLLEGE, KALAMASSERY. BY ADV. SRI.K.N.CHANDRABABU RESPONDENTS: ------------------ 1. THE DIRECTOR OF TECHNICAL EDUCATION, OFFICE OF THE DIRECTOR OF TECHNICAL EDUCATION, PADMA VILASAM ROAD, FORT P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695 023. 2. THE PRINCIPAL, GOVERNMENT POLYTECHNIC COLLEGE, KALAMASSERY, ERNAKULAM DISTRICT PIN - 683104. 3. THE PRINCIPAL, GOVERNMENT POLYTECHNIC COLLEGE, CHERTHALA, ALAPPUZHA DISTRICT PIN - 688 524. 4. JUSTINE M.L., GOVERNMENT POLYTECHNIC COLLEGE, CHERTHALA, ALAPPUZHA DISTRICT PIN - 688 524. BY ADV. SRI.V.V.SIDHARTHAN, SENIOR ADVOCATE FOR R4 SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY FOR R4 SRI.D.G.VIPIN FOR R4 SMT. NISHA BOSE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19519/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF CIRCULAR No.EC5/4123/11 DTD. 10.2.11. EXT. P2 : COPY OF REPRESENTATION DTD. 5.7.11 SUBMITTED BY PETITIONER BEFORE R1. EXT. P3 : COPY OF ORDER No.EC5/4123/11 DTD. 14.7.11. EXT. P4 : COPY OF REQUEST MADE BY PETITIONER DTD. 17.8.11 BEFORE R1. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.19519 OF 2011 --------------------------------------- Dated this the 22nd day of September, 2011. J U D G M E N T This writ petition is filed by the petitioner challenging Ext.P3 order of transfer. As per Ext.P3 order, the petitioner was transferred from GPTC, Kalamassery to GPTC, Meppadi. The 4th respondent herein has been transferred from GPTC, Cherthala to GPTC, Kalamassery. 2. While admitting the writ petition on 19.07.2011, based on the submission of the learned counsel for the petitioner that the post occupied by the 4th respondent at Government Polytechnic, Cherthala has not been filled up, this Court directed the Government Pleader to get instruction in the matter. By interim order dated 02.08.2011, this Court directed the 1st respondent to keep the vacancy in Cherthala open without being filled up and that interim order has been extended from time to time. 3. The 1st respondent has filed a statement and an W.P.(C) No.19519/2011 2 additional statement. In the additional statement, it is mentioned that the petitioner has not submitted any request for transfer to Government Polytechnic College, Cherthala during general transfer whereas Smt.Liza Vetta, Lecturer in Electronics, Government Polytechnic College, Pala has requested for transfer to the said college. The request has been allowed and she has been transferred to Government Polytechnic College, Cherthala as per proceedings No.EC5/4123/11 dated 03.08.2011. In the light of the interim order passed by this Court, that order has not been implemented. 4. The petitioner has got a case that actually the petitioner was also ordered to be transferred to Cherthala as evident from the endorsement in Ext.P4 request. The order now passed by the Director of Technical Education in favour of Smt.Liza Vetta is not under challenge in this writ petition. Learned Government Pleader submitted that she was a claimant for transfer in the general transfer to the said college and the petitioner had not submitted any request. In that view of the matter, as the said beneficiary is not a party to this writ petition, it may not be W.P.(C) No.19519/2011 3 proper for this Court to adjudicate the claim if any of the petitioner as against the said Lecturer in this writ petition. 5. Learned counsel for the petitioner submitted that now there is an existing vacancy in Women's Polytechnic, Nedupuzha in Thrissur District and the petitioner may be allowed to file a representation seeking for a posting there. It is also submitted that even though the petitioner has joined the college at Meppadi, because of the family difficulties, he is unable to work there. These are matters the petitioners will have to highlight before the 1st respondent. Therefore, if the petitioner files a representation within a period of ten days from today, the same will be considered by the 1st respondent and appropriate decision will be taken and communicated to the petitioner within a period of one month thereafter. It is made clear that the order in favour of Smt.Liza Vetta can be implemented in the meanwhile. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp