IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 WP(C).No. 16911 of 2010(L) -------------------------- PETITIONER: --------------- L.FRANCIS SALESU, S/O.LATE LOUIS KULANDAIRAJ, AGED 52 YEARS, LECTURER IN MECHANICAL ENGINEERING, GOVERNMENT POLYTECHNIC COLLEGE, PALAKKAD, RESIDING AT HAPPY HOME, SOUPARNIKA AVENUE, BPL JUNCTION, KUTTUPARA, PALAKKAD - 678 007. BY ADV. SRI.SHAJI P.CHALY RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TECHNICAL EDUCATION, DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM - 23. GOVERNMENT PLEADER SRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2010 , THE COURT ON 01/06/2010 DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. ---------------------------------- WP (C) NO. 16911 of 2010 ---------------------------------- Dated this the 1st day of June, 2010 J U D G M E N T The petitioner is working as lecturer in Mechanical Engineering in Government Polytechnic College, Palakkad. He is a native of Palakkad. Exhibit P1 is the Provisional Transfer List issued by the second respondent on 17.04.2010. As per the same there was no proposal to transfer the petitioner from Palakkad. In respect of those persons whose names were figured in Exhibit P1 provisional list they were all given opportunity to raise their objections, if any, against the proposal. Subsequently Exhibit P1 was finalized as per Exhibit P2. As per Exhibit P2 the petitioner was ordered to be transferred and posted to Government Polytechnic Technic College, Meenangady. It is challenging the said order that this writ petition has been filed. WP (C) NO. 16911 of 2010 2 2. Admittedly, all the persons who were proposed to be transferred as per Exhibit P1 were offered with opportunity to make their objections against the proposal. In case of the petitioner, there was no proposal to transfer him and as such, his name was not included in Exhibit P1. However, his name has been included in Exhibit P2 and he was, now, placed under orders of transfer to Government Polytechnic College, Meenangadi. There is no reason for denying the petitioner an opportunity as has been given to similarly situated persons to raise his grievances. 3. The petitioner has already submitted Exhibit P4 before the second respondent raising his grievances against Exhibit P2. Therefore, this writ petition is disposed of with a direction that the second respondent shall consider and pass orders on Exhibit P4 expeditiously, at any rate, within a period of one month from the date of receipt of copy of this judgment. In case the petitioner is not relieved or even if relieved, but there is vacancy to accommodate the WP (C) NO. 16911 of 2010 3 petitioner in Government Polytechnic, Palakkad the petitioner shall be permitted to continue there till a decision is taken on Exhibit P4 and his right continue thereafter will be subject to the order on Exhibit P4. C.T. RAVIKUMAR, JUDGE. rkc