IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 24491 of 2010(J) -------------------------- PETITIONER(S): --------------- SURESH KUMAR.R., SENIOR INSTRUCTOR(MRTC TRADE) GOVERNMENT I.T.I FOR WOMEN, KAZHAKUTTOM, THIRUVANANTHAPURAM. BY ADV. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA , REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. 2. THE DIRECTOR OF TRAINING, DIRECTORATE OF TRAINING, THYCAUD, THIRUVANANTHAPURAM, PIN - 695 001. 3. THE JOINT DIRECTOR OF TRAINING, DIRECTORATE OF TRAINING, THYCAUD, THIRUVANANTHAPURAM, PIN - 695 001. MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.24491 of 2010 (J) --------------------------------- Dated, this the 6th day of August, 2010 J U D G M E N T Petitioner is a Senior Instructor at ITI, Kazhakkoottam. By Ext.P3 order dated 25/05/2010 he has been transferred and posted to ITI, Aryanadu as Junior Instructor. It is this order which is under challenge. 2. Learned counsel for the petitioner mainly relies on Ext.P2 judgment of this Court in WP(C) No.37049/2009 and submits that Senior Instructor cannot be transferred and posted as Junior Instructor. Referring to Ext.P3 order, learned counsel for the petitioner submits that for the reasons stated in Ext.P2 judgment, the posting by Ext.P3 is illegal. 3. As contented by the learned counsel for the petitioner, it is true that in Ext.P2 judgment, this Court interfered with the transfer and posting of a Senior Instructor as Junior Instructor. Therefore, prima facie, it would appear that the petitioner's case deserves to be upheld. WP(C) No.24491/2010 -2- 4. In view of the above, I dispose of the writ petition directing that status quo as on date, insofar as the petitioner's continuance as Senior Instructor at ITI, Kazhakkoottam, shall be maintained for eight weeks. In the meanwhile, Ext.P4 representation filed by the petitioner before the 2nd respondent objecting to Ext.P3 order transferring him as Junior Instructor, shall be considered by the 2nd respondent, in the light of Ext.P2 judgment referred to above, and orders thereon shall be passed. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 2nd respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg