IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 WP(C).No. 16796 of 2010(Y) ------------------------------------ PETITIONER(S): --------------------- P.BABU, S/O.LATE P.RAMAN, AGED 49 YEARS, LECTURER IN ELECTRICAL ENGINEERING, GOVERNMENT POLYTECHNIC COLLEGE, PERINTHALMANNA, PERMANENTLY RESIDING AT XIII/301, NEAR CHEMATTIYAKKAVU, KALLINGAL, DWARAKA, THIRUVALATHOOR.P.O, PALAKKAD-678 551. BY ADV. SRI.SHAJI P.CHALY RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TECHNICAL EDUCATION, DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM-23. 3. ABRAHAM.E.K, LECTURER IN ELECTRICAL ENGINEERING, GOVERNMENT POLYTECHNIC COLLEGE, PALAKKAD. R1 & R2 BY GOVT. PLEADER SRI.DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 16796 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of June, 2010 J U D G M E N T The petitioner is presently working as Lecturer in Electrical Engineering at Government Polytechnic, Perinthalmanna. As per Ext.P3, the petitioner has requested for a transfer and posting to his native district Palakkad. Later, the 2nd respondent published Ext.P4 provisional list transfer. However, his name was not included in Ext.P4. Subsequently, he has submitted Exts.P5 and P6 representations. Despite Ext.P3 application, nobody was considered for transfer and posting to the place wherein the petitioner has sought for a transfer and posting. In fact, it was in the said circumstances, Exts. P5 and P6 representations are submitted. While so, without considering Ext.P3 application and the subsequent representations, Ext.P7 order has been issued by the second respondent. Even while issuing Ext.P7, the request of the petitioner for a transfer and posting to his native place against the post occupied by the 3rd respondent who had WPC.16796/2010 : 2 : already completed the normal tenure, was not considered. According to the petitioner, the 3rd respondent is a native of Kottayam District wherein vacancies are available and that he had already completed his normal tenure in Palakkad. Going by the norms for transfer in the department, the petitioner had already completed his normal tenure of stay in the present station and opted for a transfer and posting to a place wherein the incumbent holding the post has already completed the normal period of stay. In such circumstances, the authorities are bound to consider the claim of the petitioner for transfer and posting, it is submitted. The request of the petitioner made as per Exts. P5 and P6 representations has not so far been considered by the second respondent. The contention of the petitioner is that the 3rd respondent is also desirous to get a transfer. But, those are matters to be considered by the competent authorities. In this circumstances, considering the pendency of Exts.P5 and P6 representations before the second respondent, this writ petition is disposed of with a direction to the second respondent to consider and pass orders thereon with notice to the petitioner and the 3rd respondent expeditiously, at any WPC.16796/2010 : 3 : rate, within a period of two months from the date of receipt of a copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge