IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 4295 of 2010(J) ------------------------- PETITIONER(S): --------------- MANJU ANNIE MATHEW, VOCATIONAL TEACHER IN PRINTING TECHNOLOGY, GOVERNMENT V.H.S.S.(BOYS), VADAKKANCHERRY, THRISSUR DISTRICT, HAVING PERMANENT RESIDENCE AT T.C.NO.44/448, HOLY CROSS, VALIATHURA P.O. THIRUVANANTHAPURAM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.A.S.SABU SRI.BENOJ C AUGUSTIN SRI.PRATHAP PILLAI SRI.RAFEEK V.K. RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF TECHNICAL EDUCATION, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. DIRECTOR, VHSE DEPARTMENT, TRIVANDRUM. ADDL. 3. DEEPAK.B.N., VOCATIONAL TEACHER IN PRINTING TECHNOLOGY, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL FOR DEAF, JAGATHY, THIRUVANANTHAPURAM, RESIDING AT T.C.15/147, LAL BAGH ROAD, DPI JUNCTION, TRIVANDRUM-14.. (ADDL.R3 IS IMPLEADED AS PER ORDER DATED 26.5.2010 IN I.A.NO.6385/2010) BY GOVERNMENT PLEADER SRI.DILIP MOHAN FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.4295 of 2010 ---------------------------------------- Dated 17th August, 2010 JUDGMENT The petitioner is a Vocational Teacher in Printing Technology presently working in the Government Vocational Higher Secondary School (Boys), Vadakkanchery in Thrissur District. She is a native of Thiruvananthapuram District. The main prayer of the petitioner is for issuance of a writ of mandamus commanding the respondents to transfer the petitioner from her present station to Government Vocational Higher Secondary School for Deaf, Jagathy in Thiruvananthapuram or to any other school in Thiruvananthapuram District. Earlier, she had approached this Court by filing W.P.(C)No.24175 of 2009. As per Ext.P7 judgment, this Court directed the second respondent namely the Director, VHSE Department to consider Ext.P6 representation therein within the time limit stipulated thereunder. Consequently, the second respondent has passed Ext.P8 order dated 21.10.2009 rejecting Ext.P6 application. The reason for rejecting the request of the petitioner has been assigned in Ext.P8 as hereunder. “As per the guidelines of General Transfer an employee will be eligible to get a transfer on request subject to the condition that the applicant and the employee in the requested place should complete 3 years in the WP(C).No.4295/2010 2 concerned stations. In this case, the petitioner and the teacher working in GVHSS for Deaf, Jagathy have completed only one and half years service in the concerned stations. In the circumstances it is not possible to transfer the petitioner to GVHSS for Deaf, Jagathy by transferring the teacher working in that school. Considering the above facts and circumstance Exhibit P6 representation of the petitioner is rejected and thereby comply with the judgment of the Honourable High Court.” It is evident from Ext.P8 that the petitioner as also the teacher who is presently working in Government Higher Secondary School for Deaf, Jagathy have completed only 1½ years of service each in their concerned stations and therefore for accommodating the petitioner the other teacher cannot be transferred out. The learned Government Pleader submitted that there is no other vacancy available in Thiruvananthapuram District at present to accommodate the petitioner. In fact, a statement to that effect has been filed on behalf of the second respondent. It has been specifically stated therein that there is no open vacancy presently available in the Department to accede to the request of the petitioner. In view of the position obtained as above, I am not in a position to uphold the contentions of the petitioner that Ext.P8 is liable to be set aside. There is no merit in this writ petition and accordingly it is dismissed. However, this will not stand in the way of the petitioner to approach the WP(C).No.4295/2010 3 authorities for transfer as and when open vacancies occur in Thiruvananthapuram District. C.T.RAVIKUMAR Judge TKS