IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 36209 of 2008(I) -------------------------- PETITIONER(S): --------------- ROYI.V.K., LECTURER IN MECHANICAL ENGINEERING, GOVT.POLYTECHNIC COLLEGE, MEENANGADI, WAYANAD DISTRICT, RESIDING AT VAIPUMEPURATH, THANICAL, PAYYAMPALLY P.O., KATTIKULAM, WAYANAD DISTRICT. BY ADV. SRI.V.AJITH NARAYANAN RESPONDENT(S): --------------- 1. THE DIRECTOR OF TECHNICAL EDUCATION, DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 2. THE SENIOR JOINT DIRECTOR (PS), DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, GOVERNMENT POLYTECHNIC COLLEGE, MEENANGADI, WAYANAD DISTRICT. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. SHRI.A.J.VARGHESE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------- W.P.(C) No.36209 of 2008 ------------------------------------- Dated this the 10th day of December, 2008 J U D G M E N T The challenge in this writ petition is against Ext.P5. By this order, the petitioner, a Lecturer in Mechanical Engineering, Government Polytechnic College, Meenangadi is transferred and posted at Government Polytechnic College, Meppadi. The petitioner contends that neither in the proposal for transfer or in the general transfer order issued on 16/06/2008 he was ordered to be transferred. It is contended that thereafter for no reason whatsoever, he is now being transferred by Ext.P5. According to him, his transfer by Ext.P5 will cause dislocation in the college and that even the PTA have represented against his transfer. It is stated that he has already filed Ext.P6 representation before the 1st respondent seeking cancellation of the transfer. 2. When this writ petition came up for orders yesterday, the learned Government Pleader was asked to obtain instructions in the matter. Accordingly, he has obtained instructions from the Senior Joint Director, which states that since majority of posts sanctioned to the Polytechnic College at Meppadi are vacant and as W.P.(C) No.36342/2008 -2- all the 4 posts of Lecturer in Mechanical Engineering in the Polytechnic College at Meenangadi are filled up, the petitioner has been transferred in public interest to Meppadi, in order to occupy the only one post of Lecturer in Mechanical Engineering, sanctioned in that College. The Director states that this was necessitated for the smooth functioning of the Institution and acting upon the directions of the Government to make immediate arrangement for posting teaching staff at Meppadi. It is stated that it was, thereafter that the petitioner, who was working at Govt. Polytechnic College, Meenangadi from 15/09/2004 onwards and being a native of Wayanad District, was transferred as a temporary measure. 3. Since as stated by the Senior Joint Director, the posting of the petitioner was necessitated for engaging classes in the Meppadi College, certainly, the order does not call for interference by this Court by exercising the jurisdiction under Article 226 of the Constitution of India. That apart, the petitioner also succeeded in violation of the statutory rules in this behalf. 4. Be that as it may, now that the petitioner has filed Ext.P6 before the 1st respondent, it is for the 1st respondent to consider his grievance and take fresh steps, as early as possible, to redress his grievances. While I refrain to interfere with Ext.P5 order W.P.(C) No.36342/2008 -3- transferring the petitioner, I direct the 1st respondent to consider Ext.P6 and pass orders thereon, if the same has been received and is pending, on production of a copy of this judgment. Orders as directed above shall be passed as expeditiously as possible, at any rate, within two weeks of production of a copy of this judgment. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg