IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 9645 of 2011(E) ------------------------- PETITIONER(S): --------------- P.A.MARIKKARU KUNJU, TRADE INSTRUCTOR, GOVT.POLYTECHNIC, KALAMASSERY, ERNAKULAM DISTRICT. BY ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE SRI.B.UNNIKRISHNA KAIMAL SRI.T.ISSAC RESPONDENT(S): --------------- 1. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM-695 001. 2. THE SENIOR JOINT DIRECTOR, OFFICE OF THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM- 695 001. 3. THE PRINCIPAL, GOVT.POLYTECHNIC, KALAMASSERY, ERNAKULAM DISTRICT-683 104. 4. K.A.ARUNKUMAR, TRDE INSTRUCTOR, GOVT.ENGINEERING COLLEGE, THRISSUR- 680 001. ADV. SRI.MATHEWS K.PHILIP FOR R4 SMT.T.MANASY FOR R4 GOVERNMENT PLEADER SMT.NISHA BOSE FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9645 of 2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE LETTER NO.E1/3439/09 DT.30/10/2009 OF THE PRINCIPAL, GOVT. POLY.KALAMASSERY TO THE 1ST RESPONDENT. EXT.P2 TRUE COPY OF THE LETTER OF EVEN NO. DT.2.3.2010 OF THE PRINCIPAL G.P.T., KALAMASSERY TO R1. EXT.P3 TRUE COPY OF THE GO(MS).No.158/98/H.EDN., DT.21/12/1998 EXT.P4 TRUE COPY OF THE RELEVANT PORTION OF THE ORDER NO.3B2/5026/2010 DT.24/05/2010 ISSUED BY THE SENIOR JOINT DIRECTOR (ECS) OFFICE OF THE 1ST RESPONDENT. EXT.P5 TRUE COPY OF THE CIRCULAR NO.EB2/5330/2011 DT.17/02/2011 ISSUED BY THE 2ND RESPONDENT. EXT.P6 TRUE COPY OF THE RELEVANT PORTION OF THE ORDER NO.EB2/5330/2011 DT.28/02/2011 ISSUED BY THE SECOND RESPONDENT. EXT.P7 TRUE COPY OF THE LETTER NO.EL/4937/2010 DT.4/3/2011 FROM THE THIRD RESPONDENT TO THE 1ST RESPONDENT. RESPONDENTS' EXTS: EXT.R4(a) TRUE COPY OF THE APPLICATION FOR TRANSFER DT.22/1/2010 SUBMITTED BY THE 4TH RESPONDENT. EXT.R4(b) TRUE COPY OF THE OBJECTION TO THE PROVISIONAL TRANSFER LIST OF THE YEAR 2010. EXT.R4(c) TRUE COPY OF THE TRANSFER APPLICATION DT.7/1/2011 SUBMITTED BY THE 4TH RESPONDENT. EXT.R4(d) TRUE COPY OF THE OBJECTION TO THE PROVISIONAL TRANSFER LIST OF THE YEAR 2011 EXT.R4(e) TRUE COPY OF THE APPLICATION SUBMITTED BY SHRI THILAKAN M.V. DT.17/03/2010 EXT.R4(f) TRUE COPY OF THE INFORMATION GIVEN BY THE 1ST RESPONDENT DT.17/04/2010. \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.9645/2011-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of August, 2011 J U D G M E N T The petitioner is aggrieved by Ext.P6 order of transfer whereby the petitioner has been transferred to T.H.S., Elanji. 2. The case of the petitioner is that he was earlier transferred to an existing vacancy as per his request from Government Polytechnic, Koratty to Government Polytechnic, Kalamassery. A copy of the said order is produced as Ext.P4. Against the name of the petitioner, in Serial No.7, it is shown as an open vacancy. Months after, proposals for transfer were invited as per Ext.P5 Circular. The petitioner's name and the fourth respondent's name were not included therein. But, in the final list, their names were included. 3. The first respondent has filed a counter affidavit. It is pointed out in para.2 that the petitioner had applied for a transfer to G.P.T, Kalamassery in the general transfer, 2010 and W.P.(C). No.9645/2011 -:2:- considering his request, he was transferred to Government Polytechnic College, Kalamassery against a retirement vacancy of Shri P.A.Sasi, Trade Instructor in Foundry trade. In the provisional list for general transfer, 2011 both the names of the petitioner and the fourth respondent are not included. The final list was published after inviting objections in the matter. The fourth respondent had applied for a transfer as he belonged to Foundry trade. The petitioner belongs to Turning trade. There is no sanctioned post of Trade Instructor in Turning in G.P.T, Kalamassery and, therefore, the petitioner, who was working in the post of Trade Instructor in Foundry was transferred so as to adjust the fourth respondent. It is pointed out that the petitioner is not eligible to be retained in the present institution since there is no sanctioned post in Turning trade. Evidently, before taking such a decision, the staff details furnished by the Principal were also examined. 4. The learned counsel for the petitioner submitted that, the contention that the post of Trade W.P.(C). No.9645/2011 -:3:- Instructor in Turning was not sanctioned to the G.P.T., Kalamassery may not be correct. 5. Since the first respondent has asserted in the counter affidavit that there is no sanctioned post of Trade Instructor in Turning in G.P.T., Kalamassery and the petitioner was transferred to the said institution against the sanctioned post of Foundry trade, the contention raised by the petitioner that there was a vacancy in the trade Turning cannot be accepted. 6. It is averred in para.7 of the counter affidavit that if there existed a sanctioned post of Trade Instructor in Turning in G.P.T., Kalamassery, he could continue there for a minimum tenure of three years. 7. Therefore, it is only because of the fact that the petitioner was adjusted against the post of Foundry that he could get a transfer to G.P.T., Kalamassery. In that view of the matter, I find nothing wrong in the issuance of Ext.P6 order. The main contention raised by the petitioner in the writ petition is that the reason shown in Ext.P6 transfer order that he is an W.P.(C). No.9645/2011 -:4:- excess hand was not justified. Evidently, the petitioner may not be an excess member of the staff therein. He was adjusted in a different trade alone. But, that also will not help the petitioner. Apart from that, he is only transferred to the Technical High Schoo1, Elanji within the District. Therefore, for all these reasons, I dismiss the writ petition. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms