IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(C).No. 24923 of 2011(M) -------------------------------- PETITIONER: -------------- K.K.SARALA, W/O.SIVARAMAN, AGED 50 YEARS HEAD OF SECTION, CIVIL ENGINEERING, SREE RAMA GOVERNMENT POLYTECHNIC COLLGE, TRIPRAYAR,(TRANSFERRED TO GOVERNMENT POLYTECHNIC PERINTHALMANNA) BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION(L) DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM-695 023. 3. SRI.K.K.RADHAKRISHNAN, HEAD OF SECTION, CIVIL ENGINEERING, GOVERNMENT POLYTECHNIC, MEENANGADI-673591 (TRANSFERRED TO MAHARAJAS TECHNOLOGICAL INSTITUTE THRISSUR). BY SRI. V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.24923/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT.P1:- TRUE COPY OF THE APPLICATION FOR TRANSFER DTD. 11.1.11. EXT.P2:- TRUE COPY OF THE CIRCULAR NO-EC5/4118/2011 OF THE DIRECTOR DTD. 7.2.11. EXT.P3:- TRUE COPY OF THE OBJECTION OF THE PETITIONER BEFORE THE DIRECTOR DTD. 11.2.11. EXT.P4:- TRUE COPY OF THE G.O.(RT)NO.988/2011H.EDN OF THE GOVT. DTD. 5.7.11. EXT.P5:- TRUE COPY OF THE G.O(RT)NO.1492/11/H.EDN OF THE GOVT. DTD. 16.9.11. EXT.P6:- TRUE COPY OF THE REVIEW PETITION FILED BEFORE THE GOVT. DTD. 17.9.11. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.24923 OF 2011 --------------------------------------- Dated this the 22nd day of September, 2011. J U D G M E N T Aggrieved by the order of transfer issued as per Ext.P5 whereby the petitioner's claim for transfer to Maharaja's Technological Institute, Thrissur has not been granted, the petitioner has approached the Government by filing Ext.P6 representation. 2. The petitioner is now working in Sree Rama Government Polytechnic College, Triprayar. By Ext.P5, the petitioner is transferred to Government Polytechnic College, Perinthalmanna. It is pointed out in the writ petition that the petitioner had submitted an application for transfer to GPTC, Thrissur as the first choice and GPTC, Kalamassery as the second choice. When Ext.P2 proposal was issued, the petitioner was proposed to be transferred to GPTC, Perinthalmanna. She filed a representation W.P.(C) No.24923/2011 2 as per Ext.P3 before the Director of Technical Education. Ext.P4 is the order passed by the Government pursuant to the direction issued in W.P.(C) No.2839/2011 filed by the 3rd respondent herein. Therein the claim of the 3rd respondent for a posting in Maharaja's Technological Institute, Thrissur has been found against, contends the petitioner. The petitioner also contends that the order Ext.P5 granting transfer to the 3rd respondent to Maharaja's Technological Institute, Thrissur is not correct. 3. Learned Government Pleader on getting instructions submitted that the 3rd respondent has already joined at Thrissur. It is upto the Government to take a decision on Ext.P6 after hearing the parties including the 3rd respondent as well as the petitioner. I am not expressing anything on the merits of the claim of the petitioner. There will be a direction to the Government to take a decision on Ext.P6, with notice to the petitioner and the 3rd respondent, within a period of six weeks from the date of receipt of a copy of this judgment. The petitioner will forward a copy of W.P.(C) No.24923/2011 3 this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp