IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 WP(C).No. 25476 of 2008(G) -------------------------- PETITIONER: ------------ T.M.SIVARAMAN, LECTURER IN MECHANICAL ENGINEERING, SREE RAMA GOVERNMENT POLYTECHNIC COLLEGE, TRIPRAYAR. BY ADV. SRI.V.AJITH NARAYANAN RESPONDENTS: ------------- 1. THE DIRECTOR OF TECHNICAL EDUCATION, DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 2. SENIOR JOINT DIRECTOR (PS), DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 4. MR.K.J.DAVID, LECTURER IN MECHANICAL ENGINEERING, MAHARAJA'S TECHNOLOGICAL INSTITUTE, TRISSUR. 5. MR.T.O.THOMAS, LECTURER IN MECHANICAL ENGINEERING, MAHARAJA'S TECHNOLOGICAL INSTITUTE, TRISSUR. 6. MR.P.T.JOY, LECTURER IN MECHANICAL ENGINEERING, GOVT. POLYTECHNIC COLLEGE, KUNNAMKULAM. 7. MR. M.M.KURIAKOSE, LECTURER IN MECHANICAL ENGINEERING, MAHARAJA'S TECHNOLOGICAL INSTITUTE, TRISSUR. BY GOVT. PLEADER SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.25476 of 2008 G -------------------------------------- Dated this the 25th day of August, 2008. J U D G M E N T In the manner in which I propose to dispose of the Writ Petition, it is not necessary to issue notice to respondents 4 to 7. Government Pleader takes notice for respondents 1 to 3. 2. The petitioner is working as Lecturer in Mechanical Engineering in Sree Rama Government Ploytechnic College, Triprayar, Thrissur. It is stated that he has worked at various stations outside his home station for a period of more than six years. It is also stated that respondents 4 to 7 have completed three years in Thrissur. Going by the transfer norms produced as Ext.P3, the petitioner claims that he is entitled to get transfer to Maharaja's Technological Institute, Thrissur. In Ext.P1 circular dated 14.5.2008 issued by the Director of Technical Education, as draft proposal for general transfer, 2008, the name of the petitioner is not included. Ext.P2 dated 16.6.2008 is the general transfer order. The petitioner submitted Ext.P4 representation dated 2.8.2008 to the Director of Technical Education, contending that he has a rightful claim to get a transfer to Maharaja's Technological Institute, Thrissur, in preference to respondents 4 to 7. Ext.P4 is pending disposal before the Director of Technical Education. WP(C) No.25476/2008 2 3. The reliefs prayed for in the Writ Petition are the following:- “i. a Writ of Certiorari any other appropriate, Writ, Order or Direction setting aside that part of Exhibit P2 transferring the 7th respondent from Government Engineering College, Thrissur to Maharaja's Technological Institute, Thrissur and transfer the petitioner from Sree Rama Government Polytechnic College, Thriprayar to Maharaja's Technological Institute, Thrissur, after calling for and perusing the records leading to the same. ii. a Writ of Mandamus or any other Writ, Order or Direction directing the 1st respondents to transfer and post the petitioner from Sree Rama Government Polytechnic College, Thriprayar to Maharaja's Technological Institute, Thrissur after transferring 4th, or 5th or 7th respondents to Sree Rama Government Polytechnic College, Thriprayar forthwith. iii. a Writ of mandamus or any other Writ, Order or Direction, directing the 1st respondent to consider and dispose of Exhibit P4 representation of the petitioner on WP(C) No.25476/2008 3 the basis of Exhibit P3 General Transfer Norms with a reasoned order after affording opportunity for hearing to the petitioner and respondents 4, 5,6 & 7 with a speaking Order, within a time limit specified, iv. such other reliefs as this Hon'ble Court deems fit and proper in the factual circumstances of the case, v. award cost to the proceedings to the petitioner from the 1st respondent.” 4. Learned counsel for the petitioner submitted that, for the present, the petitioner would be satisfied if relief No.iii is granted and Ext.P4 representation is directed to be considered by the first respondent. Learned Government Pleader submitted that Ext.P4 representation will be disposed of by the first respondent without delay. In the facts and circumstances of the case, the Writ Petition is disposed of as follows:- WP(C) No.25476/2008 4 i. The first respondent shall consider and dispose of Ext.P4 representation dated 2.8.2008 submitted by the petitioner, as expeditiously as possible and at any rate within a period of two months, after affording an opportunity of being heard to the petitioner and respondents 4 to 7. ii. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. iii. The petitioner shall send copy of the judgment to respondents 4 to 7 separately, by registered post and shall produce proof of the same before the first respondent. K.T. SANKARAN, JUDGE. cks