IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WP(C).No. 33614 of 2009(V) -------------------------------------- PETITIONER: ------------------- V.SIVARAMAN, SENIOR JOINT DIRECTOR, (POLYTECHNIC STREAM), DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION (L) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 3. K.P. SALIM KUMAR, JOINT CONTROLLER OF TECHNICAL EXAMINATIONS, THIRUVANANTHAPURAM. 4. V.K. SARALA, JOINT DIRECTOR, CURRICULUM DEVELOPMENT CENTRE, KALAMASSERY. R1 & R2 BY GOVERNMENT PLEADER SRI. ARAVIND BABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.33614/2009-V: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SELECT LIST PUBLISHED VIDE NOTIFICATION IN G.O.(P). NO.26/2003/H. EDN. DTD. 22/03/2003. EXT.P.2: COPY OF THE G.O.(RT).NO.752/03/H. EDN. DTD. 30/05/2002. EXT.P.3: COPY OF THE G.O.(RT).NO.795/2007/H. EDN. DTD. 21/04/2007. EXT.P.4: COPY OF THE RELEVANT EXTRACT OF G.O.(MS).NO.82/94/H. EDN. DTD. 10/05/1994. EXT.P.5: COPY OF THE RELEVANT EXTRACT OF THE HAND BOOK PUBLISHED BY THE DIRECTORATE OF TECHNICAL EDUCATION. EXT.P.6: COPY OF THE G.O.(RT).NO.1959/09/H. EDN. DTD. 20/11/2009. EXT.P.7: COPY OF THE G.O.(RT).NO.1255/09/H. EDN. DTD. 11/08/2009. EXT.P.8: COPY OF THE RELEVANT EXTRCT OF THE FINAL SENIORITY LIST OF JOINT DIRECTORS, PRINCIPALS, HEAD OF SECTIONS, LECTURERS FROM 1/1/1980 TO 31/12/1998 SHOWING THE DATE OF BIRTH OF THE R.4., AS 12/08/1954. EXT.P.9: COPY OF THE OFFICE ORDER NO. EA3/21747/94 DTD. 14/06/1994 ISSUED BY THE DIRECTOR OF TECHNICAL EDUCATION. EXT.P.10: COPY OF THE RELEVANT EXTRACT OF PAGE NO. 109 OF THE HAND BOOK. EXT.P.11: COPY OF THE CHART SHOWING THE HIERARCHY OF THE DIFFERENT POSTS IN THE ORGANIZATION, IN THE HAND BOOK OF THE DIRECTORATE. EXT.P.12: COPY OF THE PREFACE OF THE HAND BOOK. EXT.P.13: COPY OF THE STATEMENT SHOWING THE TELEPHONE NOS., PUBLISHED BY THE DIRECTORATE OF TECHNICAL EDUCATION. EXT.P.14: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE GOVERNMENT, TO RESTORE SENIORITY. EXT.P.15: COPY OF THE G.O.(RT).NO.1255/2001/H. EDN. DTD. 10/08/2001. EXT.P.16: COPY OF THE RELEVANT EXTRACT OF THE NOTIFICATION PUBLISHED BY THE PUBLIC SERVICE COMMISSION IN THE KERALA GAZETTE VOLUME XXIV DTD. 14/08/1979. EXT.P.16.A: COPY OF THE ADVICE MEMO NO. GR II(2) 10115/79/GW DTD. 05/03/1981, ISSUED BY THE PUBLIC SERVICE COMMISSION, ADVISING THE PETITIONER IN THE POST DIPLOMA LECTURER IN ELECTRONICS. W.P.(C). NO.33614/2009-V: EXT.P.17: COPY OF THE SPECIAL RULES FOR THE KERALA TECHNICAL EDUCATION SERVICE (AMENDMENT) RULES 1990. EXT.P.18: COPY OF THE G.O.(MS).NO.20/72/EDN. DTD. 21/01/1972. EXT.P.19: COPY OF THE REPRESENTATION DTD. 23/11/2009 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR EDUCATION. EXT.P.20: COPY OF THE ORDER NO. EAA/43683/2009 DTD. 28/12/2009 OF THE R.2. EXT.P.21: COPY OF THE RELEVANT EXTRACT OF THE PROPOSAL THE PETITIONER HAD SUBMITTED FOR THE ESTABLISHMENT OF THE FINISHING SCHOOLS FOR THE POLYTECHNIC COLLEGE PASS OUTS. EXT.P.22: COPY OF THE RELEVANT EXTRACT OF THE PROPOSAL FOR THE AUTOMATION OF GOVERNMENT POLYTECHNIC COLLEGE LIBRARIES USING KOHA OPEN SOURCE INTEGRATED LIBRARY SOFTWARE. EXT.P.22.A: COPY OF THE PROPOSAL FOR ESTABLISHING MODEL CLASS ROOMS FOR POLYTECHNIC IN KERALA STATE. EXT.P.23: COPY OF THE G.O.(RT).NO.1691/2001/H. EDN. DTD. 30/10/2001. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.33614 OF 2009 (V) -------------------------------------------------- Dated this the 23rd day of June, 2010 J U D G M E N T Petitioner is a Joint Director in the Directorate of Technical Examination. By Ext.P3 order dated 21.4.2007, he was transferred and posted as Senior Joint Director(Polytechnic Stream). According to the petitioner, in view of Exts.P4 and P5 detailing the duties and responsibilities of Senior Joint Director, it carries higher duties and responsibilities. It is also his case that the post of Senior Joint Director was henceforth filled up by redesignating senior most Joint Directors and it was therefore the petitioner was promoted as Joint Director by Ext.P2 order. His grievance is that by Ext.P6, the petitioner was transferred and posted as Joint Director, Curriculum Development, Kalamassery and the 3rd respondent, who is far junior to him, was posted as Joint Director(Polytechnic Stream) by Ext.P3 order. In so far as the posting of the 3rd respondent is concerned, the grievance of the petitioner is that his seniority has been overlooked and his junior has been posted. It is also his case that the post available in the Polytechnic Stream is that of Senior WPC.No. 33614/09 :2 : Joint Director and that the 3rd respondent cannot be posted as Joint Director. 2. Respondents have filed a counter affidavit. In the counter affidavit what they have stated is that the post of Joint Director is redesignated as Senior Joint Director and that is not a promotion post. It is also stated that both posts carry same scale of pay. In the counter affidavit, the case of the petitioner that since the senior most Joint Director is redesignated as Joint Director, the post of Senior Joint Director(Polytechnic Stream) could not have been filed up by posting the 3rd respondent and that too only as Joint Director, is not seen adverted to. In my view, in the nature of the grievances raised by the petitioner, it is only appropriate that the first respondent should have dealt with this contention. Therefore I direct the petitioner to file an appropriate representation before the first respondent, which if filed within 3 weeks from today, the same will be duly dealt with by the first respondent. Orders shall be passed as expeditiously as possible and at any rate within 8 weeks thereafter and with notice to the parties if any, affected by any order to be passed on the representation. WPC.No. 33614/09 :3 : Petitioner shall produce a copy of the judgment along with a copy of the writ petition before the fist respondent for compliance. (ANTONY DOMINIC) JUDGE vi/