IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 20830 of 2008(D) -------------------------------- PETITIONER: -------------- RAJU.M., LECTURER IN ELECTRICAL ENGINEERING, COLLEGE OF ENGINEERING, ATTINGAL, RESIDING AT CHARIS VILLA, MURUNTHAL, PERINAD P.O. BY MR.M.SREEKUMAR, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE INSTITUTE OF HUMAN RESOURCES DEVELOPMENT (IHRD) REPRESENTED BY ITS DIRECTOR PRAJOE TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. THE DIRECTOR INSTITUTE OF HUMAN RESOURCES DEVELOPMENT (IHRD) PRAJOE TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 4. THE UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, UNIVERSITY OFFICE, PALAYAM, THIRUVANANTHAPURAM. BY MR.N.N.SUGUNAPALAN, SENIOR ADVOCATE FOR R2 & R3. MR. M. RAJAGOPALAN NAIR, SC, KERALA UNIVERSITY. MR. MUHAMOOD T.T., GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.20830/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE STUDENT IDENTITY CARD OF THE PETITIONER ISSUED BY THE COLLEGE OF ENGINEERING, TVM. EXT. P2 : COPY OF THE ORDER No.EA3/3843/2008/HRD DTD. 9.5.08. EXT. P3 : COPY OF JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) No.14849/08 DTD. 4.6.08. EXT. P4 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE R3 DTD. 9.6.08. EXT. P5 : COPY OF THE SCHEME FOR M.TECH DEGREE (EVENING COURSE) PRODUCED BEFORE R3. EXT. P6 : COPY OF THE ORDER No.EA3/5845/2008/HRD(3) DTD. 1.7.08. 1ST RESPONDENT'S EXHIBITS: EXT. R1(a) : COPY OF the PROCEEDINGS No.E1/46/98/HRD DTD. 28.4.98 FROM IHRD. EXT. R1(b) : COPY OF the UNDERTAKING FURNISHED BY THE PETITIONER. 2ND RESPONDENT'S EXHIBITS: EXT. R2(a) : COPY OF GENERAL NORMS RELATING TO THE TRANSFER ISSUED VIDE ORDER No.E1/46/98/HRD DTD. 28.4.1998. EXT. R2(b) : COPY OF THE UNDERTAKING FURNISHED BY THE PETITIONER. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.20830 OF 2008 --------------------------------------- Dated this the 4th day of June, 2009. J U D G M E N T The petitioner has filed this writ petition challenging the order of transfer, Exhibit P2, by which he was transferred from the College of Engineering, Attingal to College of Engineering, Kallooppara. Mainly it is contended that the petitioner had been working at Attingal only for 1½ years. He was transferred to Attingal on his request for educational purpose and the course is only in the halfway. He joined for M.Tech Degree evening course in the College of Engineering, Thiruvananthapuram. It is therefore submitted that the petitioner will have to be retained in the College of Engineering, Attingal at least till his course is over. 2. The respondents have filed a counter affidavit pointing out that it is due to shortage of faculties in the College of Engineering, Kalloopara that transfer was necessitated. While admitting the writ petition, this Court had granted an interim stay of order of transfer, which was being extended from time to time. W.P.(C) No.20830/08 2 3. It is submitted by the learned counsel appearing for the petitioner that the course will be over by the end of July 2009. However, learned counsel appearing for the Institute submits that the course may be over even prior to that. The order of transfer will be implemented only after allowing an opportunity to the petitioner to complete the course as per the schedule. The second respondent will also consider the choice stations shown in Exhibit P4 by the petitioner before effecting the order of transfer. Appropriate fresh orders will be passed within a period of one month from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp