IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 32581 of 2009(P) --------------------------------------- PETITIONER(S): ------------------------ E.C. KISHORE KUMAR, WORKSHOP INSTRUCTOR, ELECTRICAL ENGINEER, KERALA GOVERNENT POLYTECHNIC COLLEGE, KOZHIKODE. BY ADVS.MR.P.T.MOHANKUMAR MR.A.RANJITH NARAYANAN MR.S.K.SAJU RESPONDENT(S): ------------------------- 1. THE DIRECTOR OF TECHNICAL EDUCATION, DIRECTORATE OF TECHNICAL EDUCATION, THIRUANANTHAPURAM - 695 023. 2. THE SENIOR JOINT DIRECTOR, DIRECTORATE OF TECHNICAL EDUCATION, THIRUANANTHAPURAM - 695 023. 3. V. MURALEEDHARAN, WORKSHOP INSTRUCTOR (ELECTRICAL), GOVERNMENT POLYTECHNIC COLLEGE, PERINTHALMANNA. R1 & R2 BY GOVT. PLEADER SMT.M.R.SREELATHA R3 BY ADV. MR.V.AJITH NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.32581/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT TRANSFERRING THE PETITIONER TO KOZHIKODE.DT. 23.5.2007. P2:- COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT REVIEWEING EXT.P1. DTD. 23.11.2007. P3:- COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT TRANSFERRING THE PETITIONER TO KOZHIKODE DTD. 1.7.2009. P4:- COPY OF THE PROCEEDING OF THE 2ND RESPONDENT CALLING UPON FOR A PERSONAL HEARING. DTD. 8.10.2009. P5:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DTD. 14.10.2009. P6:- COPY OF THE GENERAL TRANSFER GUIDELINES. DTD. 10.9.04. P7:- COPY OF THE ORDER DTD. 4.11.09. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 32581 of 2009-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of December, 2009. JUDGMENT This writ petition is filed challenging Ext.P7 order produced along with I.A. No.14409/2009 passed on behalf of the first respondent. By consent of parties, the writ petition was heard. 2. The petitioner is presently working as Workshop Instructor at the Govt. Polytechnic College, Kozhikode and by Ext.P7 order he is transferred to Govt. Polytechnic College, Perinthalmanna in the place of the third respondent. 3. Ext.P3 was under challenge before the first respondent by the third respondent herein. As per Ext.P3, the petitioner was transferred to Govt. Polytechnic College, Kozhikode and the third respondent was transferred from Kozhikode to Perinthalmanna. The third respondent approached this Court by filing W.P.(C) No.21948/2009 and this Court directed the first respondent to consider his representation and pass appropriate orders. Ext.P7 is the order passed thereafter. 4. In Ext.P7, practically no reasons have been stated in justification of the order now passed, whereby Ext.P3 order of transfer has been wpc 32581/2009 2 reversed. It is in these circumstances, the petitioner has approached this Court seeking for appropriate reliefs. 5. Heard learned counsel for the third respondent. 6. Both parties have raised various contentions for their retention in the stations claimed by them. Unfortunately, a reading of Ext.P7 shows that no convincing reasons have been pointed out for the transfer now effected by the first respondents. The operative portion of the order reads thus: “On the basis of the hearing conducted as per the direction in the judgment dated 5.8.09, Sri V. Muraleedharan presently working in Government Polytechnic College, Perinthalmanna and Sri E.C. Kishorekumar presently working in Kerala Government Polytechnic College, Kozhikoe are transferred back to the Kerala Government Polytechnic College, Kozhikode and Government Polytechnic College, Perinthalmanna respectively. Thus the judgment dated 5.8.09 of the Honourable High Court in W.P.(C) No.21948/2009 is complied with.” The claim of the third respondent that he is a Scheduled Caste and he has a right to be retained for five years, is also not adverted to in Ext.P7. The petitioner has also pointed out various reasons for being retained in the station to which he was transferred as per Ext.P3. 7. The first respondent will therefore reconsider the matter with notice to the petitioner and the third respondent. In that view of the matter, wpc 32581/2009 3 Ext.P7 is quashed. Appropriate orders will be passed after hearing the petitioner and the third respondent within a period of one month from the date of receipt of a copy of this judgment. Needless to say that the first respondent will advert to the respective contentions of the parties while a fresh order is passed. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/