IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T. RAVIKUMAR MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 WP(C).No. 8504 of 2010(K) -------------------------------- PETITIONER(S): ------------------- DOMENIK K.O., PEON, GOVT.HIGH SCHOOL CHERANALLUR, KOOVAPPADY P.O., PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SMT.P.V.ASHA RESPONDENT(S): --------------------- DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM R1 BY GOVT. PLEADER SRI. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ WP(C).No. 8504 of 2010(K) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPLICATION DATED 27/10/2004 OF PETITIONER. P2: COPY OF THE LETTER NO.ED3/3657/07/T. EDN. DEPARTMENT DATED 29/03/2007 OF RESPONDENT. P3: COPY OF THE MINUTES OF THE MEETING OF CONTROLLING OFFICERS HELD ON 15/12/2006. P4: COPY OF THE APPLICATION DATED 07/08/07 OF PETITIONER. P5: COPY OF THE ORDER NO.ED3/7312/06 DATED 19/01/2007 OF RESPONDENT. P5(a):COPY OF THE ORDER NO.ED3/25909/07/T. ED DATED 06/10/2007 OF RESPONDENT. P5(b):COPY OF THE ORDER NO.ED3/25343/07/T. ED DATED 03/11/2007 OF RESPONDENT. P5(c):COPY OF THE ORDER NO. ED3/18538/07/T. ED DATED 20/11/2007 OF RESPONDENT. P5(d):COPY OF THE ORDER NO.ED3/1853/07/T ED DATED 06/03/2008 OF RESPONDENT. P6: COPY OF THE ORDER NO.ED3/20717/07 DATED 13/03/2008 OF RESPONDENT. P7: COPY OF THE LETTER NO.ED3/30133/07/T.ED(111) DATED 07/08/2008 OF RESPONDENT. P8: COPY OF THE LIST OF VACANCIES OF LAST GRADE SERVANTS IN ERNAKULAM DISTRICT UNDER THE RESPONDENT. P8(a):COPY OF THE LETTER DATED 07/08/08 OF THE PRINCIPAL, GOVT. POLYTECHNIC. P9: COPY OF THE JUDGMENT DATED 02/04/2009 IN WPC.551/2009 RESPONDENT'S EXHIBITS: R1(a):COPY OF THE ORDER NO.13092/L3/09/H.EDN., DATED 19/03/2010. /TRUE COPY/ P.A. TO JUDGE svs/ C.T.RAVIKUMAR, J. ------------------------------------------- W.P.(C).No.8504 OF 2010 ---------------------------------------------- Dated this the 2nd day of August, 2010. JUDGMENT The petitioner is a Peon working in the General Education Department in Ernakulam District. He joined duty in the department on 2.6.2004. He has passed THSLC and Diploma in Electronics. As chances for promotion are bleak in the General Education Department the petitioner has applied for an inter- departmental transfer to the Department of Technical Education as per Ext.P1 dated 27.10.2004. The same was rejected as per Ext.P2 order dated 29.3.2007 citing the reasons that such inter- departmental transfers to Technical Education Department were stopped temporarily from 2001 onwards, on administrative reasons and there was no vacancy available for interdepartmental transfer. Later, the ban on interdepartmental transfer was lifted. Subsequently the petitioner has submitted Ext.P4 application dated 7.8.2007 for interdepartmental transfer. However, the said application was also rejected as per Ext.P7 order dated 7.8.2008. In this writ petition the petitioner challenges Ext.P7 order passed by the respondent. 2. The contention of the petitioner is that under identical W.P.(C).No.8504 OF 2010 2 circumstances this Court has already upheld the claims of similarly circumstanced persons. As per Ext.P9 judgment this Court allowed W.P(C).NO.551/2009 and quashed the impugned order passed by the Director of Technical Education and further directed to grant inter-departmental transfer to the concerned petitioner to the Technical Education Department. 3. Evidently, the question whether on account of inter- departmental transfer of last grade employees from one department to another, rank holders in Kerala Public Service Commission's list would be adversely affected or not was elaborately considered by this Court in Ext.P9 judgment. After such consideration, the contention that inter-departmental transfer of last grate employees would prejudicially affect the candidates included in the subsequently drawn Kerala Public Service Commission lists was found absolutely bereft of any basis. The said conclusion was arrived at based on the admitted position that the appointment of the last grade servants are being effected from a common ranked list and therefore, if a last grade employee is transferred from one department to another it would result in occurrence of vacancy in the said department. W.P.(C).No.8504 OF 2010 3 Consequently, a person included in the ranked list could be accommodated against the said resultant vacancy. In short, such transfers would not, in any way, diminish the chances of rank holders in getting appointments. It was after considering all the aforesaid aspects that this court directed as per Ext.P9 to grant interdepartmental transfer to similarly situated persons. I am of the considered view that the petitioner herein is similarly circumstanced and therefore, there is no reason for treating the petitioner differently. In the said circumstances, there was no justification for respondents to decline the inter-departmental transfer requested by the petitioner especially in the light Ext.P9 judgment. 4. For the foregoing reasons, the petitioner is entitled to succeed in this writ petition. Accordingly, Ext.P7 is quashed and the Director of Technical Education is directed to issue orders granting inter-departmental transfer to the petitioner to the Technical Education Department. In this context it is to be noted that this Court as per the interim order dated 5.4.2010 directed the respondents to keep one vacancy of Peon in the Ernakulam district unfilled. The petitioner shall be accommodated against W.P.(C).No.8504 OF 2010 4 that vacancy ordered to be kept vacant by this Court on 5.4.2010. This shall be done within a period of one month from the date of receipt of copy of this judgment. This writ petition is disposed of accordingly. C.T.RAVIKUMAR, JUDGE. mns