IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 WP(C).No. 22697 of 2010(J) -------------------------- PETITIONER(S): --------------- DR.MARY THOMAS, PROFESSOR, CHEMICAL ENGINEER, GOVERNMENT ENGINEERING COLLEGE, WEST HILL, KOZHIKODE - 673 005. BY ADV. SRI.RAJAN JOSEPH SRI.P.I.DAVIS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. PIN - 695 001. 2. DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. PIN - 695 001. SHRI T.T. MUHAMOOD, GOVERNMENT PLEADER FOR RESPONDENTS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF RELEVANT PORTION OF GO DATED 4.6.2009 EXT.P2-TRUE COPY OF APPLICATIION FOR TRANSFER EXT.P3-TRUE COPY OF GO DATED 10.9.2004 EXT.P5-TRUE COPY OF JUDGMENT IN WPC 15358/2010 OF THIS COURT EXT.P6-TRUE COPY OF GO DATED 8.6.2010 EXT.P7- TRUE COPY OF GO DATED 4.6.2009 EXT.P8-TRUE COPY OF GO DATED 9.2.2011 // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.22697 of 2010-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March, 2011. JUDGMENT The petitioner approached this Court when her request for a transfer to Government Engineering College, Thrissur was refused by the respondents. The petitioner is continuing as professor in the Government Engineering College, Kozhikode in the Chemical Engineering Department. Her case is that she has been continuing in Kozhikode from 2003 onwards and repeated requests for transfer were declined on the plea that a qualified person as a substitute could not be posted because of the pending litigations in the matter. 2. This Court by interim order dated 17.1.2011 directed the Government to consider the matter afresh. Thereafter, the Government has passed Ext.P8 order. Even though the representation has been rejected, it is mentioned in para 4 that the request of the petitioner for a transfer will be considered in the light of the exiting guidelines and other factors at the time of general transfer. 3. Learned Senior Counsel for the petitioner, Shri Rajan Joseph submitted that clause 13 of Ext.P3 guidelines for general transfer will show wpc 22697/2010 2 that employees who have only two years to retire may be posted to vacancies in stations of their choice, giving preference to those who are due to retire earlier. It is pointed out that the petitioner has only two years to retire and therefore, she will be entitled for the benefit of clause 13 of Ext.P3. 4. Therefore, the writ petition is disposed of directing the Government to consider the claim of the petitioner for a transfer in the light of clause 13 of Ext.P3 and other guidelines contained in the same and also in the light of Ext.P8 order passed by the Government, at the time of next year's general transfer. All aspects will be considered in the light of the fact that the petitioner had been requesting for a transfer repeatedly since she is a native of Thrissur. No costs. (T.R. Ramachandran Nair, Judge.) kav/