IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 WP(C).No. 27502 of 2008(Y) -------------------------- PETITIONER: ------------ K.G.RADHAKRISHNAN, GROUP INSTRUCTOR, BASIC TRAINING CENTRE, KOLLAM. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, INDUSTRIAL TRAINING DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE JOINT DIRECTOR OF TRAINING, INDUSTRIAL TRAINING DEPARTMENT, THYCAUD, THIRUVANANTHAPURAM. 3. L.G.VIJAYAKUMARI, GROUP INSTRUCTOR, I.T.I, KANNUR. 4. THE DIRECTOR, INDUSTRIAL TRAINING DEPARTMENT, THYCAUD, THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No.27502 of 2008 ====================================== Dated this the 16th day of September 2008 JUDGMENT The petitioner and the third respondent were promoted as Group Instructors by Ext.P2 order dated 4.6.2008. The third respondent is admittedly senior to the petitioner in service. On being promoted as Group Instructor, the petitioner was posted in Basic Training Centre, Kollam and the third respondent was posted in the Industrial Training Institute at Kannur. Before the petitioner was promoted as Group Instructor, he was working as Instructor in the Industrial Training Institute, Kollam. Shortly, after Ext.P2 order was passed and took effect, by Ext.P3 order passed on 8.9.2008, the petitioner was transferred and posted as Group Instructor in the Industrial Training Institute, Chengannur and the third respondent was posted as Group Instructor in Basic Training Centre, Kollam. The petitioner challenges his transfer to Chengannur and the third respondent's transfer to Kollam on two grounds. The first ground is that as the President of the Kerala Industrial Training Department Technical Staff Organization, he is entitled to continue at Kollam in terms of Ext.P4 government W.P.(C)27502/2008 2 order. The second contention is that the third respondent is an Instructor in the trade of Stenography (Hindi) and is not entitled to be posted as Group Instructor in Basic Training Centre, where Polymer Chemistry is taught as one of the subjects. The petitioner submits that he is qualified to handle Polymer Chemistry and the third respondent is not. Ext.P3 order of transfer was passed by the Joint Director of Training, Industrial Training Department. Aggrieved by Ext.P3, the petitioner has filed Ext.P3 representation before the fourth respondent seeking reconsideration of his transfer under Ext.P3. 2. I have heard Sri.Dr.K.P.Satheesan, the learned counsel appearing for the petitioner and Sri.P.Nandakumar, the learned Government Pleader appearing for the official respondents. As the petitioner has chosen to approach the fourth respondent complaining about the transfer effected as per Ext.P3, it would not be proper for this Court to go into merits of the contentions raised by the petitioner at this stage. The fourth respondent being an officer superior to the officer who issued Ext.P3 has the competence to vary the transfer order evidenced by Ext.P3, if grounds exist therefor. In these circumstances, I dispose of the writ petition with a direction to the fourth respondent to consider Ext.P5 and pass orders thereon, after affording the petitioner and W.P.(C)27502/2008 3 the third respondent an opportunity of being heard. This shall be done within one month from the date on which the petitioner produces a certified copy of this judgment before the fourth respondent. P.N.RAVINDRAN, JUDGE css/