IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 WP(C).No. 15161 of 2010(U) -------------------------- PETITIONER(S): --------------- SABU THOMAS, S/O. N.J.THOMAS, LECTURER, SELECTION GRADE, K.K.T.M.GOVERNMENT COLLEGE, PULLOOT, RESIDING AT NETTIKKADAN HOUSE, R.S.ROAD, CHALAKKUDY. BY ADV. SRI.T.R.RAVI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, THIRUVANANTHAPURAM. 2. DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. PRINCIPAL, K.K.T.M.GOVERNMENT COLLEGE, PULLOOT. 4. K.P.CHANDRSEKHARAN, LECTURER SELECTION GRADE, GOVERNMENT POLYTECHNIC COLLEGE, KORATTY. GOVERNMENT PLEADER SRI.SANDESH RAJA FOR R1, 2 SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE FOR R4 SRI.M.CHANDRA BOSE FOR R4 SRI.A.RAJASIMHAN FOR R4 SRI.N.SREEKUMAR (ELAMAKKARA) FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.15161/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER DT 22/5/09. P2 COPY OF THE LIST ISSUED ON 27/3/2010. P3 COPY OF THE FINAL LIST DT 26/4/2010. P4 COPY OF THE STATEMENT ON WORKLOAD. P5 COPY OF THE LETTER DT 31/1/2008. P6 COPY OF THE LETTER DT 3/12/2008. P7 COPY OF THE REPLY DT 6/2/2009. RESPONDENT'S EXHIBITS: R4(A) COPY OF THE G.O. DT 21/2/1994. R4(B) COPY OF THE OBJECTION DT 3/4/2010. R4(C) COPY OF THE RELIEVING ORDER DT 24/5/2010. R4(D) COPY OF THE RELIEVING REPORT DT 24/5/2010. R4(E) COPY OF THE APPLICATION FOR JOINING DUTY DT 24/5/1010. R4(F) COPY OF THE RELEGVANT PAGE OF ATTENDANCE REGISTER. R4(G) COPY OF THE RELEGVANT PAGE OF ATTENDANCE REGISTER. R4(H) COPY OF THE TRANSFER ORDER DT 7/6/2010. R4(I) COPY OF THE RELIEVING ORDER DT 7/6/2010. R4(J) COPY OF THE LETTER DT 10/6/2010. // True Copy // P.A. To Judge C.T.RAVIKUMAR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 15161 of 2010 U ``````````````````````````````````````````````````````` Dated this the 2nd day of July, 2010 J U D G M E N T The petitioner is presently working as Selection Grade Lecturer in K.K.T.M. Government College, Pulloot. He got transfer to the said College as per Ext.P1 dated 22-05-2009. While so, the second respondent published Ext.P2 provisional transfer list of Lecturers under the Department of Higher Education. Obviously, the name of the petitioner did not figure in Ext.P2. To his dismay and dejection, he was ordered to be transferred as per Ext.P3 to Government Polytechnic College, Koratti. It is in the said circumstances that this writ petition has been filed. 2. Various contentions are raised by the petitioner to assail Ext.P3. It is contended that he came to the said College only pursuant to Ext.P1 order dated 22-05-2009 and, therefore, he could continue there normally for a period of three years. The further contention is that the order of transfer has been issued only to favour the fourth respondent. The petitioner has also made a prayer in the writ petition for a direction to respondents 1 to 3 to retain permanent hands in the five available posts of Physics WPC.15161/2010 : 2 : Lecturers in K.K.T.M. Government College, Pulloot and not to employ Guest Lecturers to handle the excess working hours. 3. A statement has been filed on behalf of the second respondent in this writ petition and the fourth respondent has filed a counter affidavit. The claims and contentions of the petitioner have been refuted by the respondents. 4. I have heard the learned counsel for the petitioner, the learned senior counsel for the fourth respondent Sri.S.Gopakumaran Nair and the learned Government Pleader. 5. Evidently, both the petitioner and the fourth respondent claim preferential right based on Ext.R4(a). Ext.R4(a) is the order stipulating the Norms for transfers and posting of College Teachers. In the case of the petitioner, indisputably he came to the said College based on Ext.P1 order and, therefore, going by Ext.R4(a) Transfer Norms, normally he could continue up to three years. 6. As regards the fourth respondent, admittedly, he got only less than two years' service for compulsory retirement and, therefore, he is also entitled to get the benefit of Ext.R4(a) as the WPC.15161/2010 : 3 : same provides for a transfer and posting in a place of choice, in respect of a person who got only less than two years to retire from service. This matter came up for admission on 18-05-2010. The learned Government Pleader was directed to get instructions and for that matter this was posted to 21-05-2010. On 21-05-2010, this Court passed an order to maintain status quo with respect to the petitioner till 26-05-2010 and the said order was extended on 26-05-2010. On 03-06-2010, this Court passed an interim direction to permit the petitioner to continue in K.K.T.M. Government College, Pulloot for a period of one month. The learned counsel for the petitioner submitted that pursuant to Ext.P3, no order relieving him off duties was issued. However, he was not permitted to attend duties and he was actually permitted to join duty only on 08-06-2010. At the same time, the fourth respondent, based on Ext.P3 order of transfer, joined duty in Government Polytechnic College, Koratti in the afternoon of 24-05- 2010. During the pendency of this writ petition, taking into account the interim orders passed by this Court, the second respondent passed an order on 07-06-2010(Ext.R4(h)). As per Ext.R4(h), the WPC.15161/2010 : 4 : fourth respondent was re-posted to Government Polytechnic College, Koratti. 7. Admittedly, the fourth respondent is having only less than two years to retire from service and Ext.P3 order issued in his favour was temporarily interfered with by the second respondent solely based on the interim orders of this Court referred above. The factual position obtained in this case is that the number of posts available in the College permits only continuance of four regular Lecturers in the Department of Physics. This position has not been disputed by the petitioner and the fourth respondent. Therefore, the prayer of the petitioner to direct the respondents to permit five regular hands to continue in the Department of Physics as Lecturers in the said College cannot be entertained. Consequently, either the petitioner or the fourth respondent has to go out. As already noticed, the fourth respondent is due to retire from service within two years from service on superannuation. But, the petitioner was given a favourable posting to the said place, only on 22-05-2009, and normally he could have continued there for about three years. However, there is only one vacancy. WPC.15161/2010 : 5 : When confronted with such a situation all the parties have agreed for any alternate arrangement without deciding the issue on merits. As per the suggestion, the fourth respondent who was already issued with a favourable order may be permitted to continue till the date of his retirement in K.K.T.M. Government College, Pulloot, with the assurance that in the next arising vacancy of Lecturer in the said College in the Department of Physics, the petitioner would be accommodated. Since the official respondents ordered transfer and posting of the petitioner much before his completion of the normal period of stay of three years solely to accommodate the fourth respondent for the aforesaid reason, it will only be proper for them as well to accept the suggestion in all fairness. In the peculiar circumstances obtained in this case, this writ petition is disposed of as hereunder:- The fourth respondent, who was transferred and posted at K.K.T.M. Government College, Pulloot, shall be permitted to continue in the said College till his retirement from service. However, respondents 1 to 3 shall give the petitioner a transfer and posting to K.K.T.M. Government College, Pulloot in the next WPC.15161/2010 : 6 : arising vacancy of Lecturer in the Department of Physics. Till such time, he shall be permitted to continue in Government Polytechnic College, Koratti in terms of Ext.P3 order of transfer. Taking into account the fact that despite the interim orders of this Court the petitioner was permitted to join duty only on 08-06-2010, there shall be a direction to the second respondent to regularise the period till 08-06-2010 by treating it as on duty. This writ petition is disposed of accordingly. Sd/- (C.T.RAVIKUMAR, JUDGE) aks // True Copy // P.A. To Judge