IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 17535 of 2008(K) -------------------------- PETITIONER: ------------ FRAHAD MUSADEEKH ,S/O. USMAN JONES SAIT AGED 54 YEARS, WORKING AS PRINCIPAL, GOVERNMENT COLLEGE OF ENGINEERING, KANNUR RESIDING AT FLAT NO. EF-7/261, P.T. CHACKO NAGAR MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM 695 011. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA THIRUVANANTHAPURAM. 3. THE DIRECTOR OF TECHNICAL EDUCATION THIRUVANANTHAPURAM. BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.17535 of 2008 K -------------------------------------- Dated this the 20th day of June, 2008. J U D G M E N T The petitioner is working as the Principal of the Government College of Engineering, Kannur. It is stated that the petitioner is a native of Kollam District and he is presently settled at Ulloor in Thiruvananthapuram District. According to the petitioner, he is the senior most Principal/Joint Director (Engineering College Stream) in the Department of Technical Education of the State Government since March, 2007. It is stated that the petitioner will attain the age of superannuation on 23.9.2008. 2. The Government have prescribed separate norms for transfer and posting of Engineering College Teachers as per G.O.(Ms) No.49/92/H.Edn. Dated 17.3.1992 (Ext.P3). The relevant portion of Ext.P3 Government Order dated 17.3.1992 reads as follows:- “13. Transfer in the retirement year will be avoided to the extent possible. Such teachers will be posted in their home station as far as possible.” WP(C) No.17535/2008 2 3. When a vacancy arose at College of Engineering, Thiruvananthapuram on 26.12.2007, the petitioner submitted Ext.P4 representation dated 4.1.2008 to the third respondent requesting to take action for the transfer and posting of the petitioner as the Principal of College of Engineering, Thiruvananthapuram. It is stated that the third respondent had also recommended to the Government to transfer and post the petitioner as the Principal of College of Engineering, Thiruvananthapuram. However, another person who was promoted as the Principal was posted as such in the said College. 4. Pointing out his grievance, the petitioner has made Ext.P6 representation dated 29.5.2008 to the Government wherein it is prayed that the petitioner may be posted as the Principal of College of Engineering, Thiruvananthapuram at the earliest. It is also stated in Ext.P6 that the petitioner is entitled to be considered for promotion to the post of Director of Technical Education. Today I have disposed of W.P.(C) No.17529/2008 filed by the petitioner, directing the Government to consider the representation filed by the petitioner requesting to fill up the post of Director of Technical Education, within a period of one month. 5. In the facts and circumstances of the case and also in view of the fact that the petitioner will attain the age of superannuation on 23.9.2008, it is just and necessary to direct the Government to dispose of Ext.P6 representation filed by the petitioner, within a period of one month from WP(C) No.17535/2008 3 the date of receipt of a copy of the judgment. It is so directed. The petitioner shall also be heard before disposing of Ext.P6 representation. The petitioner shall produce a copy of the Writ Petition as well, along with the copy of the judgment. The Writ Petition is disposed of as above. K.T. SANKARAN, JUDGE. cks