IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WP(C).No. 7169 of 2009(M) --------------------------------------- PETITIONER(S): ------------------------ C.V. KOMALAM, PRINCIPAL, GOVERNMENT POLYTECHNIC, PALAI, KOTTAYAM DISTRICT, KERALA. RESIDING AT SREE RAM NIVAS, P.O. KANIMANGALAM, THRISSUR - 680 027. BY ADV. MR.MILLU DANDAPANI RESPONDENT(S): ---------------------------- 1. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRSENTED BY SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. SR GOVT. PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ================== W.P.(C) No.7169 of 2009 ===================== Dated this the 5th day of March, 2009. JUDGMENT The petitioner is working as Principal in Government Polytechnic, Palai in Kottayam District. She will retire from service within 1 ½ years. Her grievance is that though she has been repeatedly requesting the authorities for a transfer and posting to Thrissur which is her home district, her requests have not been considered. She has submitted Ext.P8 application seeking a transfer to Thrissur District pointing out that she has less than 1 ½ years of service to retire and that she has completed nearly 2 years and 4 months at Palai. 2. Ext.P8 application is one to be considered at the time of effecting general transfers during the year 2009-2010. The last date stipulated in the notification inviting applications for transfer was 28.2.2009. The Director of Technical Education, who is the competent authority to order transfers is yet to take a decision in the matter. According to the guidelines governing transfer, employees who have less than two years to retire from service, are entitled to be posted to their home district. In my opinion, the question whether the petitioner can be accommodated at Thrissur or a nearby district is primarily a matter for the Director to decide. In these circumstances, without expressing any opinion on the WP(C) 7169/09 -: 2 :- merits of the petitioner's claims, I dispose of this Writ Petition directing the first respondent to consider the request made by the petitioner in Ext.P8 application for transfer, while effecting general transfers for the year 2009. The Director shall while passing orders have due regard to the guidelines issued in Ext.P2. P.N.Ravindran, Judge. ess