IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 21767 of 2011(U) -------------------------- PETITIONER: --------------- ANULAL V.S.,DEMONSTRATOR, (ELECTRONICS), GOVERNMENT POLYTECHNIC COLLEGE, KUMILY, IDUKKI DISTRICT. BY ADV. SRI.AJITH KRISHNAN RESPONDENT(S): --------------- 1. THE DIRECTOR, DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM-695 023. 2. SENIOR JOINT DIRECTOR, DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM-695 023. BY GOVT.PLEADER SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)NO. 21767/11 PETITIONER'S EXTS: EXT .P1: COPY OF REPRESENTATION DT.10.2.11 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT .P2: COPY OF ORDER NO.EC.4/952/2011 DT.14.7.11 ISSUED BY THE 2ND RESPONDENT. EXT .P3: COPY OF ORDER NO.EC4/952/2011 DT.15.7.11 ISSUED BY THE 2ND RESPONDENT. EXT .P4: COPY OF REPRESENTATION DT.14.7.11 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT .P 5: COPY OF REPRESENTATION DT.20.7.11 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. TRUE COPY P.A. TO JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.21767 Of 2011-U -------------------------------------------------- DATED THIS THE 12th DAY OF AUGUST, 2011 J U D G M E N T The petitioner is seeking for a direction to consider his representation Exhibit P4 for a transfer to any of the convenient stations in Trivandrum District. 2. The petitioner is working as Demonstrator(Electronics) in the Government Polytechnic College, Kumily in Idukki District. He joined there in the year 2009 and has completed two years of service there. According to him as per G.O.(P)No.12/04/P & ARD dated 10.9.2004, those who have two year service in tribal and remote areas will be deemed to have treated as equal to three years. 3. The petitioner is residing in Ulloor in Thiruvananthapuram District and his wife is working as Staff Nurse in the Regional Cancer Centre. The petitioner's son is aged only three years. It is pointed out that because of night shift of the petitioner's wife, there is no one to look after their son, compelling them to entrust the child to the neighbour. W.P.(C)No.21767/11 -2- 4. Exhibit P1 is the representation submitted by the petitioner. One of the pleas raised is that one Shri C.G.Satheesh Kumar who is the juniormost compared to the petitioner was transferred to the Director of Public Instruction's Office, Thiruvananthapuram. Another instance pointed out is that one Smt.Sherin I.L. Who was promoted from the post of Trade Instructor to the post of Demonstrator was posted in the same institution, namely in the Government Women's Polytechnic College, Thiruvananthapuram. These orders have been produced as Exhibits P2 and P3. Seeking for appropriate transfer, the petitioner has filed Exhibit P4 representation which was followed by Exhibit P5 reminder also. 5. The learned Government Pleader on getting instructions submitted that at the time of general transfer, no existing vacancies were there and the petitioner did not complete two years at the time of submission of the application. It is pointed out that the transfer of his junior Shri C.G.Satheesh Kumar is not at all illegal, as he has got six years of outstation service. W.P.(C)No.21767/11 -3- 6. It is upto the respondents to consider the claim of the petitioner, whenever a suitable vacancy arises. Therefore, I am not finally pronouncing anything on the pleas raised in the Writ Petition. Appropriate decision will be taken on the representation filed by the petitioner by competent among the respondents and will communicate the decision within a period of six weeks from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the Writ Petition along with a certified copy of this judgment for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn