IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 22907 of 2010(K) -------------------------- PETITIONER(S): --------------- MANOJ P.D., LIBRARIAN (HIGHER GRADE), GOVERNMENT ENGINEERING COLLEGE, PAINAV, IDUKKI DISTRICT. BY ADV. SRI.M.BALAGOVINDAN SRI.T.K.ANANDA PADMANABHAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM-01. 2. SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, TRIVANDRUM-01. 3. DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM-01. 4. PRINCIPAL, DISTRICT INSTITUTE OF EDUCATION AND TRAINING, KOTTARAKKARA, KOLLAM-691 506. 5. DR.V.G.MONEYAMMA (RETD. PRINCIPAL), KAILASAM, KURUMPALA SOUTH P.O., PANTHALAM-689 501. 6. PRINCIPAL, GOVERNMENT ENGINEERING COLLEGE, PAINAV, IDUKKI-685 603. GOVERNMENT PLEADER SRI.DILIP MOHAN-R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.22907 OF 2010 -------------------------------------------- Dated this the 22nd day of July, 2010 JUDGMENT The petitioner is a Librarian (Higher Grade) presently working in Government Engineering College, Painav in Idukki District. This Writ Petition has been filed challenging Ext.P6 order dated 12.7.2010 whereby the petitioner was transferred and posted as Librarian (Higher Grade) in the said college from DIAT Kottarakkara. The petitioner has raised various grounds to assail the same. According to the petitioner, on account of the non-sanctioning of leave application submitted by him, his salary was withheld. The same was challenged by the petitioner before this Court in W.P.(C).NO.12071/2010. The said Writ Petition was admitted and on receipt of notice in the said Writ Petition, the salary withheld by the respondents was disbursed to the petitioner. According to the petitioner, it was based on the complaint made by the fourth respondent as also on the report submitted by the Principal-in- Full Additional Charge of the DIAT Kottarakkara, Government issued Ext.P6 order transferring him from the office of the fourth respondent to the Government Engineering College, Painav in Idukki district. It is contended that Ext.P6 is punitive in nature. Further it is contended that Ext.P6 would reveal that the order of transfer was issued based on a complaint alleging misconduct, but, without W.P.(C) NO.22907/2010 2 affording an opportunity to explain the allegations raised against him in the said complaint dated 31.3.2010. That apart, it is his contention that the subsequent report submitted by the Principal-in-Full Additional Charge of the DIAT Kottarakkara in relation to the allegations levelled as per the said complaint was also not furnished to him. The aforesaid contentions raised by the petitioner requires due consideration by the first respondent. However, considering the fact that the transfer has already been effected and the petitioner had joined at Government Engineering College, Painav in Idukki District, I am of the view that this Writ Petition can be disposed of with a direction to the first respondent to consider the grievances of the petitioner. In fact, the petitioner has already approached the first respondent through Ext.P7 raising his claims and contentions. Therefore, this Writ Petition is disposed of with a direction to the first respondent to consider Ext.P7 and pass orders thereon expeditiously, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. In case, any other person is likely to be affected in the event of an order in favour of the petitioner, he shall also be put on notice prior to the passing of order on Ext.P7. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.22907/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT June, 2010 W.P.(C) NO.22907/2010 4