IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 21045 of 2009(A) ---------------------------------------- PETITIONER(S): ------------------------- DR. PANKAJAM K, AGED 55 YEARS, W/O. PROF.K.K. GEORGE, PRINCIPAL, GOVERNMENT COLLEGE, KOTTAYAM. RESIDING AT PAINUMMOOTTIL HOUSE, CHENNITHALA (PO), MAVELIKKARA – 690 105. BY SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE, MR.MILLU DANDAPANI. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, HIGHER EDUCATION (F) DEPT. VIKAS BHAVAN, THIRUVNANTHAPURAM. 3. M.S VISHWAMBARAN, HEAD, DEPARTMENT OF CHEMISTRY, GOVERNMENT COLLEGE, KOTTAYAM. R1 & R2 BY GOVERNMENT PLEADER MR. K.RAMESH R3 BY ADV. MR.P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21045/2009 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMMUNICATION DTD. 30/03/2009 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P2: COPY OF THE INTIMATION DTD. 28/05/2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P3: COPY OF THE ORDER DTD. 17/07/2009 ISSUED BY THE 2ND RESPONDENT. P4: COPY OF THE ORDER DTD. 24/07/2009 ISSUED BY THE 2ND RESPONDENT. P5: COPY OF THE REPRESENTATION DTD. 22/07/2009 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P6: COPY OF THE RELIEVING ORDER DTD. 27/07/2009 ISSUED BY DR. P.K.VELAYUDHAN, DEPUTY DIRECTOR OF COLLEGIATE EDUCATION. P7: COPY OF ORDER G.O.(RT) NO.1069/08/H.EDN. DTD. 18/07/2008 OF THE 1ST RESPONDENT. P8: COPY OF REPRESENTATION SUBMITTED BY DR.CHRIS GEORGE BEFORE THE 1ST RESPONDENT ON 29/07/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.21045/2009-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of August, 2009 J U D G M E N T The petitioner at the time of filing the writ petition was working as Principal of Government College, Kottayam and she was also having the full additional charge of Deputy Director of Collegiate Education, Ernakulam. The petitioner was due for superannuation on 15/05/2009 but in the light of the unification of the retirement age, she is to retire only on 31/03/2010. Ext.P1 is the order by which she was promoted as Principal. The petitioner had moved the Director of Collegiate Education as per Ext.P2 seeking for appropriate posting at Thiruvananthapuram which is her own home station if she is promoted as Special Grade Principal. Subsequently, by Ext.P3 Government Order dated 17/07/2009, the petitioner was ordered to be posted at Pattambi and the third respondent was posted at Kottayam. This was not implemented. The petitioner filed a representation as per Ext.P5, requesting for retention at Kottayam if she is not being promoted. 2. The petitioner is presently aggrieved by Ext.P4 Government Order dated 24/07/2009, whereby the provisional promotion given to the W.P.(C). No.21045/2009 -:2:- petitioner to the post of Principal (Special Grade) was cancelled and one Smt.K.C.Vilasini was promoted and posted as Principal (Special Grade) at the Government Sanskrit College, Pattambi and the third respondent who was promoted and posted as Principal is retained as such at Government College, Kottayam. The petitioner was given a posting as Principal at Government College, Kanjiramkulam from where Dr.Chris George was posted to Government College, Manimalakkunnu. 3. The third respondent has filed a detailed counter affidavit supporting his promotion and posting at Kottayam and the petitioner has filed a reply affidavit also. The first respondent has also filed a counter affidavit. 4. The petitioner has entered on leave and it is also reported that the Principal who is functioning at Kanjiramkulam has not moved out. The petitioner is seeking for appropriate order for retaining her either at Kottayam or in any other convenient place. 5. The learned counsel appearing for third respondent submitted that the petitioner had actually sought for a transfer to her home station or to Maharajas College, Ernakulam. W.P.(C). No.21045/2009 -:3:- 6. If the petitioner submits an appropriate representation detailing her grievances before the first respondent within ten days from today, the first respondent will consider the matter with notice to the petitioner and the third respondent and any other affected parties and orders will be passed within one month thereafter. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms