IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 WP(C).No. 36405 of 2009(U) ----------------------------------------- PETITIONER(S): ----------------------- V.M.RAJASEKHARAN, LECTURER IN MECHANICAL ENGINEERING, MAHARAJAS TECHNOLOGICAL INSTITUTE, TRISSUR. BY ADV. MR.V.AJITH NARAYANAN RESPONDENT(S): ------------------------- 1. THE DIRECTOR OF TECHNICAL EDUCATION, DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM-23. 2. THE PRINCIPAL SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. BY SR. GOVT. PLEADER MR.MUHAMOOD T.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 36405 of 2009-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of December, 2009. JUDGMENT The petitioner herein is presently working as Lecturer in Mechanical Engineering in Maharajas Technological Institute, Thrissur. He entered service in the department on 16.12.1997. It is his case that he had been working in various stations during his entire service and the petitioner was transferred to Thrissur as per Ext.P5 dated 27.6.2009. He was transferred from Government Polytechnic College, Perumbavoor as per the said order. The petitioner submits that for general transfer 2009, one Shri V.A, Joseph, Lecturer in Mechanical Engineering, Govt. Polytechnic College, Perumbavoor who has now completed five years continuous service in Ernakulam District, applied for a transfer to Govt. Engineering College, Thrissur as First Grade Instructor. But during the general transfer 2009, the said request was not considered, but the request of one Shri K.J. David was considered. 2. According to the petitioner, he has completed 11 years and 6 months continuous out station service and the petitioner's wife is a State Government employee working at Taluk Head Quarters Hospital, wpc 36405/2009 2 Perumbavoor, Ernakulam District and accordingly he is seeking for a transfer to Govt. Polytechnic, Kalamassery in an existing vacancy. 3. The petitioner has filed Exts.P8 and P9 representations in the matter. The petitioner has pointed out that one Shri P.T. Cleetus who was eligible for promotion, was promoted as per Ext.P10 order and the promotion has already been effected also. 4. Learned Govt. Pleader on instructions, submitted that Exts.P8 and P9 representations have been received, but his claim can be considered only in terms of the guidelines. He was given a posting to Thrissur which was his second choice, even though his first choice was for the vacancy at Kalamassery. It is for the first respondent to take a decision in the matter. 5. Therefore, there will be a direction to the first respondent to take a decision on Exts.P8 and P9 representations in terms of the guidelines which are existing as on today. The first respondent will consider the claim of the petitioner along with the claim of any other persons, within a period of six weeks from the date of receipt of a copy of this judgment. An appropriate reply will be given to the petitioner. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/