IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 WP(C).No. 26475 of 2007(B) ------------------------------------- PETITIONER(S): ----------------------- K.P.PREEETHA, SENIOR GRADE BINDER, ON OTHER DUTY, GOVERNMENT PRESS,ERNAKULAM,. BY ADVS. MR.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA MR.S.A.ANAND RESPONDENT(S): ------------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PRINTING, GOVERNMENT CENTRAL PRESS,\ THIRUVANANTHAPURAM. 3. MANILAL C.K., SENIOR GRADE BINDER, GOVERNMENT PRESS,KAKKANAD,ERNAKULAM. 4. UNNIKRISHNAN O.S., SENIOR GRADE BINDER,GOVERNMENT PRESS, KAKKANAD,ERNAKULAM. ADV. MR.V.PHILIP MATHEW FOR R3 & 4 GOVERNMENT PLEADER MR.ANTONY MUKKATH FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26475/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE GO(MS) NO.117/02/H.EDN. DT. 10.9.02. P2:- COPY OF THE ORDER NO.3719/07/E6 DT. 7.4.07 OF THE DIRECTOR OF PRINTING. P3:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC. NO.12506/07. P4:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC. NO.11263/07. P5:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. 5.6.07. P6:- COPY OF THE ORDER NO.3719/07/E6 DT. 21.7.07 OF THE IST RESPONDENT. P7:- COPY OF THE CIRCULAR NO.130558/SDI/82/GAD DT. 10.3.83. TRUE COPY, P.A.TO JUDGE TSS T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.26475/2007-B ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th day of March, 2009 J U D G M E N T The petitioner is working now in Government Press, Ernakulam. She is a native of Varapuzha in Paravur Taluk. The petitioner is working in the cadre of Senior Grade Binder. She entered service as Binder Grade-II. In the year 2006 she was promoted as Senior Grade Binder and was transferred to Thiruvananthapuram. The petitioner claims that she is entitled for a posting at Ernakulam itself as she has long outstation service. By Ext.P2 order she was transferred to Government Press, Ernakulam. The respondents 3 and 4 sought retention at Ernakulam even after their promotion as Senior Grade Binder and they filed writ petition No.12506/2007 for enforcing the said claim. Therein, Ext.P2 was challenged and, this Court directed the authority to consider their representations. The judgment is dated 24/05/2007. It is pointed out that even though the petitioner was made a party therein, it appears that pursuant to the directions issued by this Court, a separate order was passed allowing the respondents 3 and 4 to be retained at Ernakulam. The petitioner submits that this was without considering W.P.(C) No.26475/2007 -:2:- her representation, Ext.P5. The resultant order passed by the authority is Ext.P6. In Ext.P6, as regards the petitioner, it is stated that her lien will be shifted to Thiruvananthapuram Government Central Press and the respondents 3 and 4 will be retained in Government Press, Ernakulam subject to approval from the Government in the matter. 2. The respondents 3 and 4 were retained at Ernakulam after giving the benefit of Ext.P7 circular. The second respondent has filed a counter affidavit in the matter. It is admitted in paragraph (3) of the counter affidavit that the petitioner had sought for a transfer to Ernakulam against an open vacancy. The respondents 3 and 4 had raised a claim for retention in Ernakulam as they are physically handicapped. Pursuant to the judgment in W.P.(C).No.12506/2007, they had filed C.C.No.629/2007 against the Director of Printing and Deputy Superintendent, Government Press, Ernakulam. There was a direction by the Government to the Director of Printing to comply with the directions in the said judgment. Accordingly, orders were passed to retain them in Government Press, Ernakulam. It is assured in the counter affidavit that she is presently continuing in Ernakulam and there is no proposal to relieve her from the duty in the Government Press, Ernakulam to join at Central Press, W.P.(C) No.26475/2007 -:3:- Thiruvananthapuram. Therefore, it is contended that she is not facing any difficulties now. It is also stated that the request of the petitioner for retention of her lien in Government Press, Ernakulam can be considered in accordance with the transfer norms when a vacancy arises there. 3. Therefore, the grievances raised by the petitioner will be met if her claim is considered in accordance with the transfer norms when vacancies arise at Ernakulam. In the result, the writ petition is disposed of in the following terms:- The petitioner will be considered for a posting in Government Press, Ernakulam in the next arising vacancy as averred in the counter affidavit. Since she is continuing at Ernakulam pursuant to the arrangement made by the authority concerned, the said arrangement will continue to be in force. No costs. (T.R. Ramachandran Nair, Judge.) ms