IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(C).No. 26299 of 2009(F) -------------------------- PETITIONER(S): --------------------- SUNIL KUMAR, GROUP INSTRUCTOR, GOVERNMENT ITI, RAJAKKAD, IDUKKI DISTRICT. RESIDING AT KRISHNANANDANAM, T.C.43/364(1), SSGRWA H.NO.6, THOTTAM, MANACAUD P.O., TRIVANDRUM-9. BY ADV. SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PERSONAL AND ADMINISTRATIVE REFORMS(D)DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTORATE OF TRAINING, INDUSTRIAL TRAINING DEPARTMENT, THYCADU, THIRUVANANTHAPURAM. 3. THE JOINT DIRECTOR, INDUSTRIAL TRAINING DEPARTMENT, THYCADU, THIRUVANANTHAPURAM. GOVT.PLEADER SRI.ANTONY MUKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.26299/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: A TRUE COPY OF THE GO(MS) NO.90/2005/LBR DT 3.10.05 ISSUED BY THE ADDITIONAL SECRETARY TO GOVERNMENT, LABUR AND REHABILITATION (D) DEPARTMENT. EXT.P2: A TRUE COPY OF THE LETTER NO.AGE/DT/E/05/08-09 DT 10.12.2008 SSUED BY GENERAL SECRETARY OF THE ASSOCIATION TO THE DIRECTOR OF TRAINING, DIRECTORATE OF TRAINING, INDUSTRIAL TRAINING DEPARTMENT, THYCAUD, THIRUVANANTHAPURAM. EXT.P3: A TRUE COPY OF the LETTER NO.AGE/DT-TR-01-09 DT 18.5.2009 ISSUED BY THE SECRETARY ASSOCIATION OF GRADUATE ENGINEERS TO THE 2ND RESPONDENT. EXT.P4: A TRUE COPY OF LETTER NO.A6/219/09 DT 27.2.2009 ISSUED BY THE 3RD RESPONDENT ON BEHALF OF THE 2ND RESPONDENT. EXT.P5: A TRUE COPY OF THE RELEVANT PAGES OF ORDER NO.A69310/2009 DT 2.6.2009 ISSUED BY THE 3RD RESPONDENT. EXT.P6: A TRUE COPY OF THE REPRESENTATION NO.AGE/SEC(P)-01-0 DT 12.6.2009 SUBMITTED BY THE PETITIONER. EXT.P7: A TRUE COPY OF THE GO(MS) NO.230/67/PD DT 21.7.1967 ISSUED BY THE SECRETARY, PUBLIC SERVICES (D) DEPARTMENT. EXT.P8: A TRUE COPY OF THE GO(MS) NO.378/68/PD DT 18.12.68 ISSUED BY THE JOINT SECRETARY, PUBLIC SERVICES (D) DEPARTMENT. EXT.P9: A TRUE COPY OF THE (GO) MS. NO.27671/SD2/84/GAD DT 28TH FEBRUARY 1984 ISSUED BY THE JOINT SECRETARY, GENERAL ADMINISTRATION (SERVICES) D DEPARTMENT. EXT.P10: A TRUE COPY OF THE ORDER NO.10622/D2/90/P& ARD DT 30.10.90 ISSUED BY THE JOINT SECRETARY FOR THE 1ST RESPONDENT. EXT.P11: A TRUE COPY OF THE RELEVANT PAGES OF GO(P) NO.13/2000/P&ARD DT 27.4.2000 ISSUED BY THE 1ST RESPONDENT. EXT.P12: A TRUE COPY OF THE RELEVANT PAGES OF THE GO(P) NO.12/04/P&ARD DT 10.9.04 ISSUED BY THE 1ST RESPONDENT. EXT.P13: A TRUE COPY OF THE LETTER NO.7733/AR13(2)/09 P&ARD DT 7.9.2009 ISSUED BY THE JOINT SECRETARY TO THE OFFICE OF THE 1ST RESPONDENT. EXT.P14: A TRUE COPY OF the LETTER NO.7965/ 2/2009 DT 10.7.2009 ISSUED BY THE ADDITIONAL SECRETARY AND STATE PUBLIC INFORMATION OFFICER, P&ARD. EXT.P15: A TRUE COPY OF THE REPRESENTATION DT 14.9.09 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. Rp //TRUE COPY// PA TO JUDGE ANTONY DOMINIC, J. ================ W.P.(C) NO. 26299 OF 2009 (F) ===================== Dated this the 19th day of October, 2009 J U D G M E N T Petitioner claims to be the President of the Association of Graduate Engineers (Industrial Training Department), a recognised service organization. He is presently working at the Government ITI, Rajakkad, Idukki District. He sought a transfer to ITI, Chackai. This was considered and was rejected by Ext.P5 on the ground that the Secretary of his own Association is working at the Headquarters availing of the immunities that are provided to the union officials. According to the petitioner, presently there are vacancies available at the ITI, Chackai and at the Training Directorate, Trivandrum and therefore he made Ext.P15 representation. This representation is stated to be pending before the 2nd respondent. 2. Petitioner submits that the orders providing special privileges to union officials like him are those contained in Exts.P7 to P10. Counsel submits that in terms of the aforesaid orders, both the President and the Secretary are eligible for privilege to work at the Headquarters of the Association. It is stated that WPC 26299/09 :2 : therefore, Ext.P15 representation is liable to be considered by the 2nd respondent, taking into account Exts.P7 to P10 and pass orders thereon. 3. If as stated by the petitioner, he is a union official entitled to the privileges provided in Exts.P7 to P10, necessarily, the 2nd respondent has to consider his claim, which he has urged in Ext.P15. 4. Having regard to the pendency of Ext.P15, I dispose of this writ petition itself directing the 2nd respondent to consider the request made, in the light of Exts.P7 to P10. This shall be done, as expeditiously as possible, at any rate within 8 weeks of production of a copy of this judgment. Petitioner to produce a copy of this judgment before the 2nd respondent for compliance. 5. Though Ext.P5 order is also under challenge, having regard to the fact that an independent claim for transfer has now been urged, I do not think I need go into the validity of Ext.P5. However, it is clarified that the claim now urged by Ext.P15 shall be considered as directed above, untramelled by the stand taken in Ext.P5. ANTONY DOMINIC, JUDGE Rp