IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 WP(C).No. 2839 of 2011(D) ----------------------------------- PETITIONER(S): ----------------------- RADHAKRISHNAN K.K., HEAD OF SECTION IN CIVIL ENGINEERING, GPTC, MENANGADY, WAYANAD DISTRICT. BY ADV. SRI.V.AJITH NARAYANAN RESPONDENT(S): ------------------------ 1. THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. SMT.K.K.SARALA, HEAD OF SECTION IN CIVIL ENGINEERING, SRGPTC, TRIPRAYAR, TRICHUR-680567. 3. THE DIRECTOR, DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM-695001. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM- PIN 695001. R1, R3 & R4 BY GOVT. PLEADER SRI.T.T.MUHAMOOD R2 ADV. SRI.P.GOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2839/2011-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of February, 2011 J U D G M E N T The grievance of the petitioner which is projected in the writ petition is that the petitioner's request for a transfer to SRGPTC, Triprayar is not being considered. 2. In paragraph (2) of the writ petition it is stated that the petitioner is a native of Thrissur District and he is permanently residing in the said district. By Ext.P1, during the general transfer 2010, the petitioner submitted an application for transfer to SRGPTC, Triprayar, Thrissur District from Maharajas Technological Institute, Chembukavu, Thrissur District. Presently, he is working as Head of Section in Civil Engineering, GPTC, Meenangady in Wayanad District. It is further pointed out in paragraph (2) that the second respondent herein is working as Head of Section in Civil Engineering in SRGPTC, Triprayar from 05/01/2004 onwards. It is also stated that the second respondent has also sought for a transfer to Maharaja's Technological Institute, Thrissur during the general W.P.(C). No.2839/2011 -:2:- transfer, 2010. The petitioner's wife is working as Assistant Surgeon at Primary Health Centre, Vilvattom in Thrissur District and his elder son is studying in Plus Two and, his second son is studying in Std.X and his daughter is studying in Std.VIII in Bharatiya Vidya Bhavan, Thrissur. 3. Exts.P6 and P7 are the objections filed to the draft transfer list by the petitioner and the second respondent respectively. The request of the second petitioner was not considered in the general transfer order 2010. As per Ext.P8 order, the petitioner was transferred from M.T.I, Thrissur to GPTC, Meenangadi. Later, he filed W.P.(C).No.23358/2010 and this Court disposed of the same along with connected matter, as per Ext.P10 common Judgment, whereby a direction was issued to consider and pass orders on the applications submitted by the petitioners therein and to regularise the service of the petitioner herein for the period from 27/07/2010 to 02/09/2010. It was further directed that the second respondent will have to take appropriate steps with regard to the disbursement of salary etc. for the persons concerned. Thereafter, the W.P.(C). No.2839/2011 -:3:- Government passed Ext.P11 order. It is the case of the petitioner that going by Ext.P11, one Shri K.S.Salim Raj is posted at M.T.I, Thrissur and the petitioner is transferred to GPTC, Meenangadi. Therefore, it is pointed out that the grievance of the petitioner has not been considered by the Government. Ext.P12 is a further representation submitted by the petitioner to the Government in the matter. The petitioner seeks for a direction to the Government to consider Ext.P12 in accordance with law. 4. There will be a direction to the Government to consider and pass orders on Ext.P12 after notice to the petitioner and the second respondent and any other affected persons within a period of two months from the date of receipt of a copy of this Judgment. The petitioner will produce a copy of the writ petition along with a copy of the Judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE