IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 26112 of 2007(H) ---------------------------------------- PETITIONER(S): ------------------------ R. SHEELA, PRINCIPAL, TECHNICAL HIGHER SECONDARY SCHOOL(THSS) CHADAYAMANGALAM, RESIDING AT D-73,FOREST OFFICE LANE, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014. BY ADV. MR.P.V.VIJAYAKUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE INSTITUTE OF HUMAN RESOURCES DEVELOPMENT (IHRD), REPRESENTED BY ITS DIRECTOR, PRAJOE TOWERS, VAZHUTHACAUD,THIRUVANANTHAPURAM-14. R3 TO R5 ARE IMPLEADED 3. KRISHNADAS, G., S/O. GOPALAKRISHNAN C., MANAKKATTUKALAM, KINASSERY, PALAKKAD (LECTURER IN MATHEMATICS), MODEL ENGINEERING COLLEGE. 4. JOHNSON PHILIP , S/O. E.V.PHILIP, EDAKKAMANNIL HOUSE, NEAR GRADE GARDEN , THRIKKAKARA P.O., COCHIN 21.(LECTURER IN PHYSICAL EDUCATION MODEL ENGINEERING COLLEGE , THRIKKAKARA. 5. SHERIMOL P.B., W/O. JOHNSON PHILIP, EDAKKAMANNIL HOUSE, ERAVIPEROOR P.O., THIRUVALLA,(LECTURER IN CHEMISTRY, MODEL ENGINEERING COLLEGE, THRIKKAKARA. ADDL. R3 TO R5 ARE IMPLEADED AS PER ORDER DTD.17.9.07 IN IA. 12175/07. R1 BY GOVT. PLEADER MR.SANIL KUMAR R2 BY ADV. MR.N.N.SUGUNAPALAN, SC, IHRD R2 BY ADV.MR.S.SUJIN, SC, IHRD ADDL. R3 & R5 BY MR.S.SUBHASH CHAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26112/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NBO.E/3546/92/HRD, DTD. 4.1.94, ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P2:- COPY OF THE APPOINTMENT ORDER NO.E/150/94/HRD DT. 23.5.94, ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P3:- COPY OF THE ORDER NO.E1/3195/96/HRD, DTD. 28.12.96, ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P4:- COPY OF THE NOTIFICATION NO.E/2174/93/HRD, DTD. 5.8.93, ISSUED BY THE 2ND RESPONDENT. P5:- COPY OF THE CIRCULAR NO. E2/1733/01/HRD, DTD. 17.2.01. ISSUED BY THE 2ND RESPONDENT. P6:- COPY OF THE CIRCULAR NO.E2/775/04/HRD DTD. 28.2.04, ISSUED BY THE 2ND RESPONDENT. P7:- COPY OF THE REPRESENTATION, DTD. 31.12.05, SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P8:- COPY OF THE PROCEEDINGS NO.EB1/1359/2005/HRD, DTD. 1.6.07 ISSUED BY THE 2ND RESPONDENT. P9:- COPY OF THE REPRESENTATION DTD. 18.6.07 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P10:- COPY OF THE PROVISIONAL CERTIFICATE OF THE PETITIONER'S M.PHIL. DEGREE, ISSUED BY MADURAI KAMARAJ UNIVERSITY, MADURAI. P11:- COPY OF THE LETTER NO.EA2/14412/08/HRD DTD. 29.12.08 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P12:- COPY OF THE LETTER NO.EB3-393/09/HRD DTD. 22.1.09 ISSUED BY THE 2ND RESPONDENTS PUBLIC INFORMATION OFFICER. TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. ---------------------------------------------- W.P.(C) NO.26112 OF 2007 ----------------------------------------------- Dated this the 6th day of October, 2009 J U D G M E N T Petitioner commenced service as Lecturer in IHRD and is presently working as Principal, Technical Higher Secondary School, Chadayamangalam. She has been requesting for transfer and posting as Lecturer in Maths in the College of Engineering in Karunagapally. Referring to Ext.P10, counsel also submits that during the pendency of the writ petition the petitioner also has acquired M.Phil and therefore is fully eligible for such transfer and posting. Along with I.A.No.4498/09 petitioner has also produced Ext.P12 the information obtained by her invoking the provisions of the Right to Information Act , suggesting the existence of one vacancy in the College of Engineering of Karunagapally. 2. In this writ petition although several prayers are sought for all that the petitioner now seeks is a direction to the 2nd respondent to consider the claim for transfer and posting to the aforesaid vacancy in Karunagapally. WP(c).o.26112/07 2 3. I heard the counsel appear for the respondent also. 4. Having regard to Ext.P12 referred to above, which suggest existence of a vacancy at Karunagapally it is directed that it will be open to the petitioner to make a suitable representation to the 2nd respondent claiming transfer and posting in the said vacancy. If such a representation is made within 2 weeks from today , the 2nd respondent shall consider the same and pass orders within 4 weeks thereafter. Petitioner shall produce a copy of the judgment before the 2nd respondent for compliance. (ANTONY DOMINIC) JUDGE vi/