IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 WP(C).No. 23358 of 2010(T) --------------------------------- PETITIONER(S): ------------------- RADHAKRISHNAN K.K., HEAD OF SECTION IN CIVIL ENGINEERING, MAHARAJAS TECHNOLOGICAL INSTITUTE, CHEMBU KAVU,THRISSUR-680020 BY ADV. SRI.V.AJITH NARAYANAN RESPONDENT(S): -------------------- 1. THE PRINCIPAL SECEATARY, HIGHER EDUCATION DEPARTMENT SECRATARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TECHNICAL EDUCATION, DIRECTORATE OF TECHNICAL EDUCAITON, THIRUVANANTHAPURAM-23 3. MR.K.S.SALIM RAJ, HEAD OF SECTION IN CIVIL ENGINEERING, GPTC, KOTTAYAM-686 013. 4. MRS, K.K.SARALA, HEAD OF SECTION IN CIVIL ENGINEERING, SRGPTC,TRIPRAYAR-680 567. 5. SMT.THARA SAMUEL, UNDER SECRETARY TO GOVT. HIGHER EDUCATION(L)DEPARTMENT,THIRUVANANTHAPURAM. 6. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 1 .......2/-.. ..2.. * ADDL. R7 IS IMPLEADED 7. THE PRINCIPAL, MAHARAJA'S TECHNOLOGICAL INSTITUTE, THRISSUR. * ADDL. R7 IS SUO MOTO IMPLEADED AS PER ORDER DATED 20/08/2010 IN I.A. NO. 11748/2010. R1 & R2 BY GOVT. PLEADER R3 BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM R4 BY ADVS.SRI.SHAJI P.CHALY SMT.H.ROSHNI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2010, ALONG WITH WPC NO. 29202 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ WP(C).No. 23358/2010(T) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPLICATION FOR GENENRAL TRANSFER 2010. P2: COPY OF THE JUDGMENT DATED 24/05/2007 IN WPC NO. 15429/2007. P3: CIRCULAR NO. EC 5/10747/2010 OFFICE OF DATED 20/04/2010. P4: COPY OF G.O.(P) NO.12/04/P & ARD DATED TVM 10/09/2004. P5: COPY OF THE MEDICAL CERTIFICATE DATED 28/04/2010. P6: COPY OF THE MEDICAL CERTIFICATE DATED 28/04/2010. P7: COPY OF THE MEDICAL CERTIFICATE DATED 28/04/2010. P8: COPY OF THE REPRESENTATION DATED 28/04/2010. P9: COPY OF THE G.O.(RL)NO.1455/10/HEDN DATED TVM 22/07/2010. P10: COPY OF THE REPRESENTATION DATED 24/07/2010 FROM PETITIONER TO R1. P11: COPY OF THE G.O.(RT)NO.1761.2010/H.EDN DATED TVM 06/09/2010 RESPONDENT'S EXHIBITS: R1(a):COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER. R1(b):COPY OF THE RELIEVING ORDER NO.B1/2034/10 ISSUED BY THE PRINCIPAL, GOVERNMENT POLYTECHNIC COLLEGE, KOTTAYAM DATED 26/07/2010. R3(a):COPY OF THE MEDICAL CERTIFICATE ISSUED FROM DR.SREEKUMAR B. BHARATH HOSPITAL, KOTTAYAM. R3(b):COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.V.A.BINDULAL, SAHRUDAYA HOSPITAL, ALAPPUZHA. R3(c):COPY OF REQUEST DATED 14/01/2010. /TRUE COPY/ P.A. TO JUDGE svs/ C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)Nos. 23358 & 29202 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of October, 2010 J U D G M E N T The petitioner in the former Writ Petition had been working as Head of Section in Civil Engineering in Maharaja's Technological Institute, Thrissur. While so, the petitioner in the latter Writ Petition was transferred to the said institute as per Ext.P9 order from GPTC, Kottayam in place of the petitioner. In the former Writ Petition filed against Ext.P9 order of transfer this Court passed an interim order on 26.7.2010 requiring maintenance of status quo. Despite the said order the 3rd respondent/petitioner in WPC No.29202/2010 was relieved from GPTC, Kottayam and he was permitted to join at Maharaja's Technological Institute, Thrissur. On 28.7.2010 this Court admitted the former Writ Petition and directed the respondents 1 and 2 to file affidavit detailing the circumstances the third respondent viz., the petitioner in the latter writ petition, despite the order dated 26.7.2010, was permitted to assume charge. In the affidavit filed in terms of the said direction it was specifically stated WPC.Nos.23358/2010& 29202/2010 : 2 : that the interim direction would be complied with. Despite the said undertaking the petitioner was permitted to continue therein and the said circumstances compelled this Court to pass an interim order on 20.8.2010. Subsequently, the first respondent considered the rival claims and as per order dated 6.9.2010 No.G.O(Rt) No.1761/2010/H.Edn. viz., Ext.P10 in the latter Writ Petition the petitioner therein viz., the 3rd respondent in the former Writ Petition was transferred from Maharaja's Technological Institute, Thrissur to GPTC, Meenangadi. The latter Writ Petition has been filed challenging the said order of transfer viz., Ext.P10 therein. 2. There can only be one post of Head of Section in Civil Engineering in Maharaja's Technological Institute at Thrissur. Therefore, only one among the petitioner and the 3rd respondent could continue in Maharaja's Technological Institute. Evidently, the 3rd respondent has now, been transferred as per Ext.P10 to GPTC, Meenangadi. According to the 3rd respondent/petitioner in the latter writ petition, he is entitled to get a favourable posting preferably, in Maharaja's Technological Institute, Thrissur itself or in any other place WPC.Nos.23358/2010& 29202/2010 : 3 : which is convenient to him. I am of the considered view that distribution officers is a matter which falls within the domain of the employer taking into account the circumstances and in the best interest of the administration. I do not propose to consider the claims of the petitioner and the 3rd respondent at this stage and in fact, it is a matter to be decided by the first respondent after affording an opportunity to the petitioner and the 3rd respondent. 3. The petitioner in WP(C)No. 23358/2010 has already submitted Ext.P10 representation before the first respondent. The petitioner in the latter writ petition has also filed Ext.P11 representation therein, before the first respondent. In these circumstances these writ petitions are disposed of with a direction to the first respondent to consider Ext.P10 representation in WP(C) No.23358/2010 and Ext.P11 representation in WP(C) No. 29202/2010 and pass appropriate orders thereon, expeditiously, at any rate within a period of one month from the date of receipt of a copy of this judgment. In the meanwhile, the petitioner shall be permitted to continue as Head of Section in Civil Engineering at Maharaja's WPC.Nos.23358/2010& 29202/2010 : 4 : Technological Institute, Thrissur. The Petitioner in WP(C) 29202/2010 will be relieved for the purpose of joining at GPTC, Meenangadi. It will be open to the first respondent to consider whether any of them could be given in any other convenient posting based on their claims in their respective representations in case, any other open vacancy is available for such a convenient posting. The petitioner in the former writ petition has yet another grievance. Despite the order passed by this Court to maintain status quo passed on 26.7.2010 he was not actually permitted to attend the duties. In fact, it was taking in to account the said circumstances this Court passed an order in 28.7.2010. But, on account of the failure on the part of the official respondents to comply with the interim order passed by this court dated 26.7.2010 a break in service may occur between the period from 27.7.2010 to 2.9.2010. Therefore, there will be a direction to the second respondent to regularize the service of petitioner in WPC No. 23358/2010 from the period from 27.7.2010 to 2.9.2010 by treating the said period as duty. The learned counsel appearing for the petitioner in WPC No.29202/2010 submits WPC.Nos.23358/2010& 29202/2010 : 5 : that on account of the pendency of these writ petitions the petitioner therein was not drawn and disburse the salary. It is made clear that in case the petitioner in WPC. No. 29202/2010 joins at GPTC, Meenangadi in terms of the directions in this judgment based on Ext.P11 order the second respondent shall take appropriate steps for drawing and disbursing his salary expeditiously, at any rate within a period of one month from the date of joining. These Writ Petitions are accordingly, disposed of. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge