IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WP(C).No. 3965 of 2008(V) ------------------------- PETITIONER: ------------- P.R. LALITHAKUMARI, SENIOR INSTRUCTOR, ITI, KALAMASSERY, NOW RESIDING AT 'THIRUVATHIRA', MARADU, ERNAKULAM. BY ADV. SRI.R.ANILKUMAR SRI.P.BANI RESPONDENTS: ---------------- 1. STATE OF KERALA REP. BY SECRETARY, INDUSTRIAL TRAINING DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. DIRECTOR, EMPLOYMENT AND TRAINING, INDUSTRIAL TRAINING, THYCAUD, THIRUVANANTHAPURAM. 3. JOINT DIRECTOR, EMPLOYMENT AND TRAINING, INDUSTRIAL TRAINING, THYCAUD, THIRUVANANTHAPURAM. 4. PRINCIPAL, INDUSTRIAL TRAINING INSTITUTE, KALAMASSERY. BY GOVERNMENT PLEADER, SRI.BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- W.P(C) No. 3965 OF 2008 ----------------------------------- Dated this the 1st day of February, 2008 JUDGMENT Petitioner, a Senior Instructor(Surveyor) in the ITI Kalamassery has been promoted as Group Instructor as per Ext.P1 order. The promotion is accompanied by transfer of the petitioner from ITI, Kalamassery to ITI, Kannur and she is aggrieved by the same. 2. Learned counsel for the petitioner, Sri.R.Anilkumar, submits that there are three open vacancies of Group Instructors in Ernakulam itself and therefore the petitioner can be accommodated there without causing disturbance to any other persons. 3. In my view, transfers and postings, especially where the transfer accompanies promotion, are matters which have to be decided by the competent authority. Petitioner has moved Ext.P2 before the Director seeking retention in Kalamassery itself. It is for the Director to take a decision on Ext.P2. After hearing learned counsel for the petitioner and the Government Pleader, the Writ Petition is disposed of directing the WPC No. 3965 of 2008 2 2nd respondent to consider petitioner's request contained in Ext.P2 and take a decision thereon. The decision shall be taken within a period of one month of the date of receipt of a copy of this judgment. The Petitioner shall produce copy of the writ petition also along with the copy of the judgment before the 2nd respondent for compliance. The 2nd respondent shall also consider whether there are any open vacancies in Ernakulam District and whether without disturbing any other person, petitioner could be accommodated in one of the vacancies. V.GIRI, JUDGE btt WPC No. 3965 of 2008 3