IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(C).No. 14849 of 2008(P) -------------------------- PETITIONER: ------------------ RAJU.M., LECTURER IN ELECTRICAL ENGINEERING, COLLEGE OF ENGINEERING, ATTINGAL, RESIDING AT CHARIS VILLA, MURUNTHAL, PERINAD P.O. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE INSTITUTE OF HUMAN RESOURCES DEVELOPMENT (IMRD), REPRESENTED BY ITS DIRECTOR, PRAJOE TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. THE DIRECTOR, INSTITUTE OF HUMAN RESOURCES DEVELOPMENT (IHRD), PRAJOE TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. R1 BY GOVERNMENT PLEADER ADV. SHRI A.J. VARGHESE. R2 AND R3 BY ADV.SRI.N.N.SUGUNAPALAN, SC, IHRD BY ADV. SRI.S.SUJIN, SC, IHRD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P(C) No. 14849 OF 2008 ............................................................................ Dated this the 4th June, 2008 J U D G M E N T The petitioner is working as Lecturer in Electrical Engineering at the College of Engineering , Attingal run by the Institute of Human Resources Development . He is a native of Kollam district. While the petitioner was working at the College of Engineering, Kottarakkara, on a request made by him, he was transferred to Attingal in November, 2006. It is stated that the petitioner joined for M.Tech course in the evening batch at the College of Engineering, Thiruvananthapuram in February, 2006 while he was working at Kottarakkara. According to the petitioner, M.Tech course is having a duration of 3 ½ years and that the same will be over by June, 2009. As per Ext. P2 order dated 09.05.2008, the petitioner was transferred to the College of Engineering, Kallooppara in Pathanamthitta district. 2. The grievance of the petitioner is on two counts: (i) He was transferred to Attingal only 1½ years before and that he has not completed three years' at Attingal. (ii) He has to attend the M.Tech class on every working day between 6.00 p.m. and 9.00 p.m.. If he is transferred to Kallooppara, he would not be able to attend the class. 3. Learned Standing Counsel appearing for the third respondent , on instruction, submitted that there are three vacancies in the post of Lecturer in Electrical Engineering in the College of Engineering, Attingal, whereas there are four vacancies in the College of Engineering, Kallooppara. The College of Engineering, Kallooppara is having three branches of study. 4. It is submitted by the learned Standing Counsel that a No Objection W.P(C) No. 14849 OF 2008 2 Certificate was issued to the petitioner for undergoing the Part-Time M.Tech Course at the College of Engineering, Thiruvananthapuram subject to the condition that he will not claim any preference for posting on account of his study and that he will not leave the premises of the College during working hours. Learned Standing Counsel also stated that the regular classes for M.Tech course are over and only some project work remains. This is disputed by the learned counsel for the petitioner and he submitted that two more semesters are to be completed. 5. After receipt of Ext.P2 order, the petitioner has not submitted any representation for consideration by the Director of the Institute of Human Resources Development . I am of the view that the petitioner can be permitted to file a detailed representation before the Director pointing out his grievances against the transfer to Kallooppara . The petitioner shall submit his representation to the Director of the Institute of Human Resources Development, Thiruvananthapuram within a period of one week. On receipt of the representation, the Director shall dispose of the same within a period of two weeks thereafter, after affording an opportunity of being heard to the petitioner . The third respondent (Director) shall consider the grievance of the petitioner and take appropriate decision in the matter taking into account all the relevant facts. Till the representation is disposed of by the third respondent-Director, Ext.P2 order of transfer, in so far as it relates to the petitioner, shall be kept in abeyance . The Writ Petition is disposed of as above. K.T. SANKARAN, JUDGE. lk