IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 WP(C).No. 19340 of 2011(N) ---------------------------------------- PETITIONER(S): ------------------------- REMESAN. N., S/O.NADAKKAL NANU, AGED 50 YEARS, SENIOR SUPERINTENDENT, O/O.THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM-695 001 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,MANANCHIRA,KOZHIKODE-673 001 4. SMT.C.O.MARIAMMA, JUNIOR SUPERINTENDENT O/O.THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE(UNDER ORDERS OF PROMOTION AND TRANSFER) MANANCHIRA, KOZHIKODE-673 001 5. SMT.N.PRASANNA, SENIOR SUPERINTENDENT, GOVERNMENT COLLEGE OF TEACHER EDUCATION, KOZHIKODE DISTRICT-673 001 6. SRI.MANOHARAN M.K., SENIOR SUPERINTENDENT, GOVERNMENT ARTS AND SCIENCE COLLEGE, POST MEENCHANDA, KOZHIKODE DISTRICT-673 001 R1 TO R3 BY GOVERNMENT PLEADER SRI.L.G.SURESH BABU R4 BY ADV. SRI.N.M.JAMES R5 BY SRI.KRB.KAIMAL, SENIOR ADVOCATE BY ADV. SRI.B.UNNIKRISHNA KAIMAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2011,ALONG WITH WPC NO. 19715 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.19340/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER NO.C2-7092/08/COLL.EDN.OF THE 2ND RESPONDENT, DATED 28/02/2008. P2 COPY OF THE CIRCULAR NO.C2/56861/2010/COLL.EDN.OF THE 2ND RESPONDENT, DATED 03/02/2011. P3 COPY OF THE APPLICATION OF THE PETITIONER, DATED 09/02/2011. P4 COPY OF THE ORDER NO.C2/5960/2011/COLL.EDN OF THE DIRECTOR, DATED 04/07/2011. P5 COPY OF THE REPRESENTATION OF THE PETITIONER DATED 08/07/2011 P6 COPY OF THE ORDER NO.C2/5960/2011/COLL.EDN OF THE DIRECTOR, DATED 11/07/2011. P7 COPY OF THE APPEAL FILED BEFORE THE GOVERNMENT, DATED 12/07/2011 P8 COPY OF THE SENIORITY LIST OF NON-TEACHING STAFF, DATED 30/09/2010. RESPONDENT'S EXHIBITS: R4(A) COPY OF THE CIRCULAR G.O.(P)NO.06/07/P2 &ARD CIRCULAR DATED 04/12/2007 R4(B) COPY OF THE REPRESENTATION OF THE 4TH RESPONDENT DATED 05/07/2011 R2(A) COPY OF THE ORDER NO.C2/5960/2011/COLL.EDN DATED 04/07/2011 R2(B) COPY OF THE G.O.(P)NO.06/2007/P&ARD DATED 04/12/2007 R2(C) COPY OF THE REQUEST OF THE PETITIONER DATED 08/07/2011. /TRUE COPY/ P.S.TO.JUDGE sts C.T.RAVIKUMAR, J. ---------------------------------------- W.P.(C)Nos.19340 & 19715 of 2011 ----------------------------------------- Dated 8th August, 2011 JUDGMENT The petitioner in the former writ petition is the 4th respondent in the latter writ petition and their status is on the vice versa in the latter writ petition. Respondents 1 to 3 are the common respondents in both the writ petitions. One Sri.Manoharan.M.K. is also a common respondent in both the writ petitions. In fact, he is the 6th respondent in the former writ petition and the 5th respondent in the latter writ petition. One Smt.N.Prasanna has been arrayed as the 5th respondent in the former writ petition. However, there is no challenge against her transfer in none of these writ petitions. The petitioners and party respondents are Senior Superintendents under the Director of Collegiate Education in the Government Higher Education Department. Order of transfer bearing No.C2/5960/2011/Coll.Edn. dated 11.7.2011 issued by the 2nd respondent, the Director of Collegiate Education is under challenge in these writ petitions. 2. The petitioner in the former writ petition was promoted as Senior Superintendent and posted at Madappally Government College as per Ext.P1 order dated 28.2.2008. Later, the second respondent, as per Ext.P2 circular dated 3.2.2011, invited applications for general transfer. The petitioner therein submitted Ext.P3 application WP(C).Nos.19340 & 19715/2011 2 indicating Office of the Deputy Director of Collegiate Education, Kozhikode and Government College of Teacher Education, Kozhikode as places of choice. As per Ext.P4 order dated 4.7.2011, respondents 4 and 5 therein were promoted and posted as Senior Superintendents at Government College, Perambra and Government College of Teacher Education, Kozhikode respectively. As per the same order, the petitioner was posted as Senior Superintendent in the Office of the Deputy Director of Collegiate Education, Kozhikode. Pursuant to Ext.P4 the petitioner joined the said station on 7.7.2011. Thereafter, anticipating an alteration in the transfer and postings the petitioner submitted Ext.P5 representation and in Ext.P5, the petitioner has given the following institutions as his places of choice; (1) Government College of Teacher Education, Kozhikode (2) C.K.G.M. Government College, Perambra. As per Ext.P6, viz., the impugned transfer order dated 11.7.2011, the petitioner was transferred to Government College, Perambra in place of the 4th respondent and the 4th respondent who is the petitioner in the latter writ petition was, in turn, posted to Government Arts & Science College, Kozhikode in place of the 6th respondent Sri.Manoharan.M.K. on his transfer and posting to the Office of the Deputy Director of Collegiate Education, Kozhikode. As WP(C).Nos.19340 & 19715/2011 3 per Ext.P6, the 5th respondent has been retained at Government College of Teacher Education, Kozhikode. As already noticed hereinbefore, there is no challenge against the transfer, rather, the retention of the 5th respondent at Government College of Teacher Education, Kozhikode. Feeling aggrieved by Ext.P6 the petitioner moved the Government through Ext.P7 representation and it is still pending consideration before the Government. It is on being aggrieved by Ext.P6 and also the inaction on Ext.P7 representation that the former writ petition has been filed. 3. As already noticed hereinbefore, the 4th respondent in the former writ petition is the petitioner in the latter writ petition. As per Ext.P2 order dated 11.7.2011 viz., Ext.P6 in the former writ petition, the petitioner was posted as Senior Superintendent in Government Arts & Science College, Kozhikode. In fact, as per Ext.P4 order dated 4.7.2011, marked as such in the former writ petition, the petitioner in the latter writ petition was ordered to be posted to Government College, Perambra on her promotion. As per the aforesaid common impugned order dated 11.7.2011 the 4th respondent viz., the petitioner in the former writ petition was transferred to Government College, Perambra and the common respondent Sri.Manoharan.M.K. WP(C).Nos.19340 & 19715/2011 4 was transferred to the Office of the Deputy Director of Collegiate Education, Kozhikode wherein the petitioner in the latter writ petition was working as Junior Superintendent prior to her promotion. It is contended by the petitioner in the latter writ petition that against Ext.P2 order dated 11.7.2011 (Ext.P6 in the former writ petition) she filed Ext.P4 representation before the second respondent with a request to retain her at the Office of the Deputy Director of Collegiate Education, Kozhikode itself even on her promotion. The said contention of the petitioner in the latter writ petition cannot be true to facts as Ext.P4 representation is dated 5.7.2011 and the order impugned viz. Ext.P2 is dated 11.7.2011. Nonetheless, it is evident that the petitioner in the latter writ petition is also having grievance against Ext.P2 order dated 11.7.2011. In short, the petitioners in these writ petitions and the common respondent Sri.Manoharan.M.K. are having grievances against the common impugned transfer order dated 11.7.2011 which is produced as Ext.P6 in the former writ petition and as Ext.P2 in the latter writ petition. 4. The petitioners and the said common respondent Sri.Manoharan.M.K. raised various contentions to challenge the said common impugned order. They also sought to sustain their claims and WP(C).Nos.19340 & 19715/2011 5 contentions relying on various Government orders. As already noticed hereinbefore, the request of the petitioner in the latter writ petition is for her retention in the Office of the Deputy Director of Collegiate Education, Kozhikode even after her promotion as Senior Superintendent. The petitioner in the former writ petition pursuant to Ext.P4 order dated 4.7.2011 had already joined in the Office of Deputy Director of Collegiate Education, Kozhikode as Senior Superintendent on 7.7.2011. He is aggrieved by Ext.P6 order dated 11.7.2011 to the extent it orders his transfer and posting to Government College, Perambra immediately after his joining in the office of the Deputy Director of Collegiate Education, Kozhikode. As already noticed hereinbefore, the petitioner in the former writ petition had already approached the second respondent raising his grievances against Ext.P6 dated 11.7.2011 through Ext.P7 representation. Since one of the parties has already approached the second respondent, the Director of Collegiate Education and the same is now pending consideration, I am of the view that it will be only appropriate for the second respondent to consider the grievances of the petitioner in the latter writ petition and also the common respondent Sri.Manoharan.M.K. as well, while taking up Ext.P7 representation filed WP(C).Nos.19340 & 19715/2011 6 by the petitioner in the former writ petition for consideration. In that view of the matter, without making any observation regarding the rival claims and contentions, these writ petitions are disposed of with the following directions:- The second respondent shall consider Ext.P7 representation filed by the petitioner in the former writ petition expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Within a week from the date of receipt of a copy of this judgment the petitioner in the latter writ petition and also the common respondent Sri.Manoharan.M.K. may file representations carrying their claims and objections before the 2nd respondent to enable the 2nd respondent to have a joint consideration. On receiving representations, if any, from them they shall be considered along with Ext.P7 representation, in terms of the above direction, and appropriate orders shall be passed thereon within the time stipulated as above. Sd/- C.T.RAVIKUMAR Judge TKS