IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 WP(C).No. 15613 of 2009(V) ------------------------------------ PETITIONER(S): ------------------------- SELVARAJAN T.R., S/O.K.V.RAMAN ACHARY, THURUTHIKATTIL HOUSE, EAST KADATHI, MUVATUPUZHA, ERNAKULAM DISTRICT, NOW WORKING AS LECTURER IN CHEMISTRY, GOVERNMENT COLLEGE, MANIMALAKUNNU, KOOTHATTUKULAM, ERNAKULAM DISTRICT. BY ADV. MR.K.B.PRADEEP RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, GOVERNMENT COLLEGE, MANIMALAKUNNU, KOOTHATTUKULAM. 4. SMT.SHEELA GOPAL M., LECTURER, GOVERNMENT POLYTECHNIC COLLEGE, KOOTHATTUKULAM, RESIDING AT KOTTAKKAL, EAST KADATHI, MUVATTUPUZHA. 5. SMT.MALATHY, LECTURER (SELECTION GRADE), GOVERNMENT WOMEN'S POLYTECHNIC COLLEGE, KALAMASSERY. BY GOVT. PLEADER MR.T.T.MOHAMOOD BY ADV. MR .P.C.SASIDHARAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.15613/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DT. 30.5.06 ISSUED BY THE 2ND RESPONDENT. P2:- COPY OF THE LETTER DT. 31.1.08 ISSUED BY THE PRINCIPAL OF THE COLLEGE TO THE 2ND RESPONDENT. P3:- COPY OF THE TRANSFER ORDER DT. 21.5.09 ISSUED BY THE 2ND RESPONDENT. P4:- COPY OF THE DRAFT PROPOSAL FOR TRANSFERS DT. 11.5.09 ISSUED BY THE 2ND RESPONDENT. TRUE COPY P.A. TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.15613/2009-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 29th day of June, 2009 J U D G M E N T Aggrieved by Ext.P3 order of transfer, the petitioner has filed this writ petition. He is transferred from Government College, Manimalakunnu to Government College, Chittur. In the place of the petitioner, the fourth respondent is transferred from Government Polytechnic College, Kothamangalam on her request. Mainly it is contended that the petitioner had already completed three years of Malabar service and therefore, the fourth respondent ought not have been preferred in his place. It is pointed out that the petitioner is experiencing various difficulties in the family front and therefore, he should have been considered for a placement in a nearby college. It is pointed out in paragraph (4) of the writ petition that there are 5 additional vacancies in the Department of Chemistry at Manimalakunnu Government College wherein Guest Lecturers have been appointed and therefore, petitioner could be retained there itself. 2. Prior to Ext.P3 order, Ext.P4, a draft proposal for transfers, was prepared by the second respondent. Therein, the petitioner was proposed to be transferred to Government Polytechnic College, Chelakkara and the W.P.(C). No.15613/2009 -:2:- fourth respondent was proposed to be transferred to the very same Government College, namely, Manimalakunnu. The learned counsel for the petitioner submitted that since the petitioner had no grievance in respect of the proposal for giving the posting at Chelakkara, no objection was filed at that point of time. But when the final order was passed, the placement as per Ext.P4 was upset and the petitioner could not therefore point out any other option also. 3. The fourth respondent has filed a detailed counter affidavit opposing the contentions of the petitioner. 4. Going by Ext.P4, the petitioner was proposed to be transferred to Government Polytechnic College, Chelakkara and the fourth respondent to the Manimalakunnu Government College. This was not objected by the petitioner. 5. It is submitted by the learned counsel for the fourth respondent that the fourth respondent has already been relieved from the Government Polytechnic College, Kothamangalam. Since she was already proposed to be transferred to Government College, Manimalakunnu by Ext.P4, her transfer to the present college cannot be thus faulted. Therefore, the fourth respondent will be allowed to join at Government College, Manimalakunnu in terms of Ext.P3. W.P.(C). No.15613/2009 -:3:- 6. If the petitioner files an appropriate representation before the second respondent within a week from today for a suitable placement as per his choice, the same will be considered by the second respondent and orders will be passed within a further period of one month thereafter. The existence of five vacancies in Government College, Manimalakunnu, as averred by the petitioner in the writ petition, will be taken note of by the second respondent while considering the request of the petitioner for retention in the same college. The writ petition is disposed of accordingly. (T.R. Ramachandran Nair, Judge.) ms