IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 24627 of 2011(C) -------------------------------- PETITIONER: -------------- N.K.ANILKUMAR, TRADE INSTRUCTOR (AUTOMOBILE), COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENTS: ------------------ 1. GOVERNMENT OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR, TECHNICAL EDUCATION, DIRECTORATE OF TECHNICAL EDUCATION THIRUVANANTHAPURAM - 695 011. 3. CHANDRA BABU J, TRADE INSTRUCTOR (WELDING), TECHNICAL HIGH SCHOOL, SULTHAN BATHERY, WAYANAD - 673 592. BY ADVS. SMT.P.V.ASHA FOR R3 SMT.VINEETHA.B FOR R3 SMT. NISHA BOSE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.24627/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF G.O.(P) No.12/04/P&ARD DTD.10.9.2004 ISSUED BY THE GOVERNMENT. EXT.P2 TRUE COPY OF THE ORDER No.EB2/103888/2011 DTE DTD.6.9.2011 ISSUED BY THE 2ND RESPONDENT. 3RD RESPONDENT'S EXHIBITS: EXT. R3(a) COPY OF RELEVANT PORTION OF ORDER No.A2/486/2010 DTD. 11.6.10. EXT. R3(b) COPY OF REPRESENTATION DTD. 13.12.10 OF R3. EXT. R3(c) COPY OF APPLICATION FOR GENERAL TRANSFER DTD. 18.1.11. EXT. R3(d) COPY OF STATEMENT OF DETAILS OF SANCTIONED POSTS OF TRADE INSTRUCTORS IN COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM. // True Copy // P.A. to Judge. smp T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.24627 of 2011 -------------------------------------------------- DATED THIS THE 21st DAY OF OCTOBER, 2011 J U D G M E N T The petitioner is aggrieved by Exhibit P2 order of transfer whereby he is transferred from Government Engineering College, Thiruvananthapuram to the Technical High School, Ayavana, Ernakulam. He is working as Trade Instructor(Automobile) in the College of Engineering, Thiruvananthapuram from 3.7.2002. 2. Heard the learned counsel for the petitioner and the learned counsel for the 3rd respondent. 3. The learned counsel for the 3rd respondent submitted that the 3rd respondent has been working at Sultan Bathery and he has been requesting for a transfer by filing representations. It is pointed out that the petitioner has been continuing in the same College for a period of nine years. 4. In paragraphs 4 and 5 of the Writ Petition, the petitioner has raised various contentions to the effect that the transfer is in violation of the norms. The main contention is that the 3rd respondent's qualification and experience is not in Automobile but in Welding and in the College of Engineering, Thiruvananthapuram there is no post of W.P.(C)No.24627/11 -2- Trade Instructor(Welding) and the studies in welding is not a part of syllabus of the engineering students of Mechanical Engineering at the College of Engineering, Thiruvananthapuram. 5. Regarding these aspects, it is averred by the 3rd respondent that the petitioner was continuing in the College of Engineering, Thiruvananthapuram in the absence of a sanctioned post in that trade. The 3rd respondent has produced Exhibit R3 (d), a true copy of the statement containing the details of sanctioned post of Trade Instructors in the College of Engineering, Thiruvananthapuram, which shows that there are two sanctioned posts of Trade Instructors for Welding and one of those posts in Grade II is remaining vacant and apart from that there are two posts of Tradesman in Welding. It also shows that there are certain dummy entries and eight persons including the petitioner were continuing without any sanctioned post and the petitioner is Sl.No.1 among them. 6. When the matter came up for hearing on the last occasion, the learned Government Pleader sought time to get instructions and to file a counter affidavit with regard to these aspects. W.P.(C)No.24627/11 -3- 7. The counter affidavit filed by the 2nd respondent shows that the petitioner has been continuing in the College of Engineering, Thiruvananthapuram, since the year 2002 and there is no sanctioned post in the trade held by the petitioner. It is also stated that the petitioner has completed a total service of 11 years in Thiruvananthapuram District itself. 8. In paragraph No.4 it is further averred that as per the the vacancy position, various posts of Trade Instructors at College of Engineering, Thiruvananthapuram, are not filled with the original trade which has badly affected the promotion of the original trade holders. It is further averred that the petitioner is working against the post of Welding whereas there is no sanctioned post of two and three wheeler maintenance at CET, Thiruvananthapuram. The vacancy in the said post is available only at the Technical High School, Ayavana. It is therefore submitted that the vacancy of Welding Trade Instructor at CET Thiruvananthapuram has to be filled by promotion from the cadre of Welding Tradesman or by transfer of Trade Instructor in Welding. Accordingly, it is stated that the transfer of the petitioner is justified. It is evident from the said counter affidavit W.P.(C)No.24627/11 -4- that there are only two sanctioned posts of Welding Trade Instructor in the said College at Thiruvananthapuram, out of which one is occupied by the petitioner. 9. In the light of the above factual scenario, I do not find any reason to interfere with the order of transfer. The attempt made by the 2nd respondent is to have the required personnel in the trade to which posts have been sanctioned. Of course, the learned counsel for the petitioner persisted with all the contentions. It is also contended that there are certain other people, who have been continuing for more number of years in the College of Engineering. But those persons are not parties in the Writ Petition and this Court will not be justified in going into such controversies herein. Evidently, the transfer is required because of administrative reasons. Apart from that the petitioner has been continuing there for a period of nine years. Therefore, there is no reason to interfere with the order of transfer. The Writ Petition is dismissed. No costs. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn