IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 WP(C).No. 24630 of 2008(F) PETITIONER: ------------ GOVINDA PILLAI.R., LECTURER IN BOTANY, K.K.T.M.GOVT.COLLEGE PULLUT, VIA, KODUNGALLOOR, THRISSUR DISTRICT. BY ADV. SRI.B.GOPAKUMAR SMT.CHINCY GOPAKUMAR RESPONDENTS: ------------- 1. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP. BY ITS SECRETARY TO HIGHER EDUCATION DEPARTMENT GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 3. BINDUMOL.V.R., LECTURER IN BOTANY GOVERNMENT AFTS COLLEGE THIRUVANANTHAPURAM. 4. DR.T.S.SWAPNA, LECTURER IN BOTANY, UNIVERSITY COLLEGE, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.K.R.SABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 24630 OF 2008 F -------------------------------------------- Dated this the 18th August, 2008 JUDGMENT The petitioner is a Lecturer in Botany. It is stated that he has completed 25 years of service in the Department of Collegiate Education. His home station is Thiruvananthapuram. Petitioner states that he has put in fifteen years’ of out- station service. 2. While the petitioner was working in Government Brennen College, Tellicherry, he applied for transfer to his home station and accordingly, the petitioner was transferred and posted in the Government Arts College, Thiruvananthapuram, as per order dated 1.8.2007. While working in Government Arts College, Thiruvananthapuram, the draft list for transfer and postings to be effected in 2008 was published and objections were invited on the draft list. The petitioner submitted Ext.P3 objection. It was contended by the petitioner in Ext.P3 that he should not be transferred out from his home station violating the transfer norms. It was pointed out that he was appointed in his home station only as per Ext.P2 dated 1.8.2007 and therefore there was no justification for transferring him from his home station in the year 2008 itself without allowing him to continue in the home station at least for three years. 3. The grievance of the petitioner is that without considering any of the objections raised by him in Ext.P3, the first respondent has issued Ext.P4 order W.P.(C) NO.24630 OF 2008 :: 2 :: of transfer, by which the petitioner was transferred from the Government Arts and Science College, Thiruvananthapuram to K.K.T.M. Government College, Pullut. It is pointed out by the learned counsel for the petitioner that subsequently, when a vacancy arose in Government Arts and Science College, Thiruvananthapuram, then also the petitioner was not considered for being appointed there and another person, who is far junior to the petitioner, was accommodated in that vacancy as per Ext.P4(a) order dated 4.8.2008. 4. The reliefs prayed for in the Writ Petition are the following a) issue a writ of certiorari, or any other appropriate writs, orders or directions quashing those parts of Ext.P4 & P4(A) by which petitioner and respondents 3 and 4 are transferred and posted in the respective colleges as indicated therein as illegal and void. b) Issue a writ of mandamus or any other appropriate writs, directions or orders directing the 1st respondent to accommodate the petitioner in his home-station, if not in the post to which he had been transferred and posted as per Ext.P2 and c) Such other appropriate writs, directions and orders which are fit and necessary in the circumstances appearing in the case. 5. The petitioner is at present, working in the College at Pullut. It is pointed out that the petitioner has never disobeyed any orders and that is why he has complied with the transfer order and taken charge at the transferred station. However, the petitioner has a grievance that his representation was not properly considered while passing Ext.P4 order. In the facts and circumstances of the case, it is just and proper to grant an opportunity to the petitioner to make a W.P.(C) NO.24630 OF 2008 :: 3 :: detailed representation pointing out all the relevant facts to the second respondent. In the facts and circumstances of the case, the Writ Petition is disposed of in the following manner: a) Petitioner is granted an opportunity to make a detailed representation pointing out his grievance and for considering the request for transfer to his home station. If such a representation is made, the second respondent shall consider and dispose of the representation, as expeditiously as possible and, at any rate, within a period of one month from the date of receipt of the representation, after affording an opportunity of being heard to the petitioner. b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the second respondent along with the representation. (K.T.SANKARAN) Judge ahz/