IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 7TH DAY OF DECEMBER 2011/16TH AGRAHAYANA 1933 WA.No. 1745 of 2011 ( ) ======================= AGAINST THE ORDER/JUDGMENT IN WPC.19364/2011 DATED 11-11-2011 APPELLANT(S)/PETITIONER ======================= 1 KANCHANA J., W/O.SUKUMAR.R., LECTURER GOVERNMENT POLYTECHNIC COLLEGE EZHUKONE KOTTARAKKARA KOLLAM DISTRICT. BY ADV.SRI.B.MOHANLAL RESPONDENT(S)/ RESPONDENTS ============= 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT SECRETARIAT THIRUVANANTHAPURAM-1. 2 THE DIRECTOR OF TECHNICAL EDUCATION, GOVERNMENT OF KERALA PADMAVILASOM ROAD FORT P.O. THIRUVANANTHAPURAM-23. 3 SRI.AZAR M.A., LECTURER, SREE RAMA GOVERNMENT POLYTECHNIC COLLEGE THRIPRAYAR P.O. THRISSUR DISTRICT, PIN - 680 021. 4 SRI.BADHARUDEEN V.K., LECTURER, GOVERNMENT POLYTECHNIC COLLEGE VECHOOCHIRA PATHANAMTHITTA, PIN - 689 645. BY ADV.SRI.PHILIP T.VARGHESE MR.S.M.ALTHAF FOR R3 MS.C.K.SHERIN, GOVERNMENT PLEADER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & K.VINOD CHANDRAN, JJ. .................................................................... W.A. No.1745 of 2011 .................................................................... Dated this the 7th day of December, 2011. J U D G M E N T Ramachandran Nair, J. The appellant, a lady with ITI, joined Government Polytechnic, Ezhukone at a lower post as a Demonstrator. However, by pursuing education while in service she obtained a B.Tech decree and is appointed as Lecturer in the very same polytechnic on 14/02/2011. Since the appellant did not expect any transfer she joined for M.Tech course in the nearby Engineering College at Kollam. It is at this stage, she was transferred to Vechoochira in Pathanamthitta district where from the 4th respondent was transferred to Cherthala. The transfer of the appellant and the 4th respondent itself is to provide a posting to the 3rd respondent at Ezhukone, where the appellant is working. Admittedly, the 3rd respondent’s request for transfer during the general transfer was declined for the reason that he has not completed three years service in W.A.No.1745/2011 -2- the station. The appellant therefore alleges malafides in the transfer of the 3rd respondent to Ezhukone only to shift her out. Learned counsel appearing for the 4th respondent submitted that he accepted the transfer and has joined the Polytechnic at Cherthala. However, the post at Vechoochira remains vacant. It is not known as to who is going to replace the post being vacated by the 3rd respondent at Thriprayar if the transfer as proposed takes effect. 2. Since the contest is only between the appellant and the 3rd respondent, we have heard learned counsel for the appellant, learned counsel for the 3rd respondent and also the learned Government Pleader for respondents 1 & 2. 3. After hearing all concerned, what we feel is that the transfer now made during the course of the academic year, which is unusual, is not tenable because no extraordinary circumstance exists justifying the transfer of either the appellant or the 3rd respondent. Except in extraordinary circumstances, transfer is normally made based on norms to W.A.No.1745/2011 -3- take effect from the beginning of an academic year. Further, by the end of this year, probably the 3rd respondent also becomes eligible for transfer as he will be completing three years in the station. The case of the 3rd respondent is that he was the person who ought to have been appointed in the post that was given to the appellant. However, we do not find this is a ground for the present transfer because in the previous year only the 3rd respondent has applied for general transfer. The appellant’s appointment was also not questioned by the 3rd respondent when she was appointed to the post of lecturer in the open vacancy at Ezhukone. Since we do not find any justification for the transfer now made, we direct respondents 1 & 2 to permit the appellant and the 3rd respondent to continue in the same place till the end of the academic year. If transfer is proposed for the appellant or the 3rd respondent, it is for them to make suggestions about the suitable stations for respondents 1 & 2 to consider. If appellant or any other person proposed to be transferred is undergoing higher W.A.No.1745/2011 -4- studies the Government should always keep in mind the interest of such persons, and if at all possible posting should be given to a suitable station not too far away from the educational institution, where they pursue their studies. However, if the 3rd respondent wants to join at Vechoochira, he can be accommodated there pending further orders on transfer for the next academic year. Accordingly, this Writ Appeal is allowed by vacating the transfer orders issued to the appellant and the 3rd respondent and by modifying the judgment of the learned Single Judge as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (K.VINOD CHANDRAN, JUDGE) jg