IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 16631 of 2009(Y) -------------------------------- PETITIONER: -------------- M.O. ABDUL NIZAR, AGED 53 YEARS, S/O. USMANKUTTY, VALLIYIL, THEKKETHIL, PERINGALA P.O., KAYAMKULAM. BY MR.BABU KARUKAPADATH, ADVOCATE. MS.M.A.VAHEEDA BABU, ADVOCATE. MR.JAGAN GEORGE, ADVOCATE. MR.C.R.VIJAYAKUMAR, ADVOCATE. MR.P.G.PRAMOD, ADVOCATE. MR. K.A. NOUSHAD, ADVOCATE. RESPONDENTS: ------------------ 1. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 2. SENIOR JOINT DIRECTOR (PS), OFFICE OF THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 3. M. ABOOBACKER KUNJU, SUPERINTENDENT, TECHNICAL HIGH SCHOOL, HARIPAD. BY MR.VIJAYAN. K.U., ADVOCATE, FOR R3. MR.K.N.SREEKUMARAN, ADVOCATE, FOR R3. MR.T.T. MUHAMOOD, SR. GOVERNMENT PLEADER FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.16631/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF RELEVANT PORTION OF ORDER DTD. 27.5.05 ISSUED BY R2. EXT. P2 : COPY OF G.O.(P) No.12/04/P&ARD DTD. 10.9.04 CONTAINING THE GUIDELINES OF TRANSFER TO BE FOLLOWED IN THE DEPT. EXT. P3 : COPY OF CIRCULAR DTD. 21.5.09 OF R2. EXT. P4 : COPY OF CIRCULAR DTD. 14.5.08 OF R2. EXT. P5 : COPY OF REPRESENTATION DTD. 12.10.07 SENT BY PTA, TECHNICAL HIGH SCHOOL, KRISHNAPURAM TO R1. EXT. P6 : COPY OF JUDGMENT DTD. 2.6.08 IN W.P.(C) 15670/2008. EXT. P7 : COPY OF CERTIFICATE FROM MEDICAL COLLEGE HOSPITAL, ALAPPUZHA DTD. 30.8.08 SHOWING THAT THE MOTHER OF PETITIONER IS SUFFERING FROM ALZHEIMERS. EXT. P8 : COPY OF REPRESENTATION DTD. 27.4.09 SUBMITTED BY PETITIONER TO R1. EXT. P9 : COPY OF REPRESENTATION DTD. 25.5.09 SUBMITTED BY PETITIONER TO R1. EXT. P10 : COPY OF ORDER DTD. 23.7.09 OF R2. EXT. P11 : COPY OF REPLY DTD. 23.6.09 FROM R1 ON THE QUERIES MADE IN RESPECT OF EXT. P3, UNDER THE RIGHT TO INFORMATION ACT. 3RD RESPONDENT'S EXHIBITS: EXT. R3(a) : COPY OF DRAFT PROPOSAL FOR TRANSFER No.EC2/ 5970/08/DTE DTD. 14.5.08. EXT. R3(b) : COPY OF TRANSFER ORDER No.EC2/5970/08/DTE DTD. 16.6.08. EXT. R3(c) : COPY OF DRAFT PROPOSAL FOR TRANSFER No.EC2/5555/09/DTE DTD. 21.5.09. WP(C).No.16631/2009 EXT.R3(d) : COPY OF TRANSFER ORDER No.EC2/5555/09/DTE DTD. 27.6.09. EXT.R3(e) : COPY OF REPRESENTATION MADE BY R3 ON 1.7.09. EXT. R3(f) : COPY OF TRANSFER ORDER No.EC2/5555/2009/DTE DTD. 23.7.09. EXT. R3(g) : COPY OF RTC RELIEVING THE R3 FROM GTHS, HARIPPAD. EXT. R3(h) : COPY OF RTC OF R3 ASSUMING CHARGE AT KRISHNAPURAM COUNTER SIGNED BY SUPERIOR. EXT. R3(i) : COPY OF LETTER DTD. 1.8.09 FROM PETITIONER ADDRESSED TO R3 INTIMATING THE INTERIM DIRECTION IN I.A.No.95555/09 DTD. 31.7.09 OF THIS HONOURABLE COURT. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.16631 OF 2009 --------------------------------------- Dated this the 26th day of August, 2009. J U D G M E N T The issue that is raised by the petitioner is one relating to the order of transfer issued following Exhibit P3. By Exhibit P3, the petitioner was proposed to be transferred from Technical High School, Krishnapuram to Technical High School, Haripad and the 3rd respondent to Technical High School, Krishnapuram from Technical High School, Haripad. 2. By interim order dated 31.07.2009, this Court had granted stay of Exhibit P10 which was passed during the pendency of the writ petition whereby the petitioner and the 3rd respondent were mutually transferred. The 3rd respondent has filed a detailed counter affidavit supporting the order of transfer. 3. The petitioner has raised various grounds in the writ petition to challenge the order of transfer. It is mainly submitted that the relevant clauses in Exhibit P2 have been violated while ordering the transfer. It is also pointed out that in spite of the W.P.(C) No.16631/2009 2 interim order, the order of transfer was implemented without seeking any modification of the interim order itself. 4. Learned counsel for the 3rd respondent submitted that the order of transfer has been issued in terms of the guidelines and there is no violation of the guidelines issued by the Government in the matter. It is also pointed out that the 3rd respondent had joined the transferee station on 25.07.2009 before the interim order was passed. 5. The petitioner, it is stated, has availed of leave and has not joined the transferee station so far. The petitioner, if so advised, will be at liberty to challenge the order of transfer before the Government. It is further pointed out by the learned counsel for the petitioner that the period from his date of relief till the date of joining may be regularized as eligible leave. 6. Learned Government Pleader submitted that if an appropriate representation is filed before the Government in the matter, that will be considered and orders will be passed in terms of the Rules. Therefore, if the petitioner files an appropriate representation before the Government in the matter, the same W.P.(C) No.16631/2009 3 will be considered in the light of various aspects pointed out above also and appropriate orders will be passed regularising the said period. Any representation challenging the order of transfer Exhibit P10 will be considered in accordance with law and after hearing all parties. This writ petition is accordingly disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp