IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 551 of 2009(N)
1. JAYASANKAR C.PEON, GHS VELLINEZHI,
... Petitioner
Vs
1. DIRECTOR OF TECHNICAL EDUCATION,
... Respondent
For Petitioner :SMT.P.V.ASHA
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :02/04/2009
O R D E R
P.N.Ravindran, J.
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W.P.(C) No.551 of 2009
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Dated this the 2nd day of April, 2009.
JUDGMENT
Heard Smt. P.V.Asha, the learned counsel appearing for the
petitioner and Sri. A.J.Varghese, the learned Government Pleader
appearing for the respondents.
2. The petitioner is at present working as a Peon in G.M.U.P. School
in Palakkad District. He entered service as Peon on 17.3.2004 on advice
by the Kerala Public Service Commission from a ranked list of candidates
selected for appointment to last grade posts in various departments in
Palakkad District. He has passed besides the S.S.L.C. examination, the
National Trade Certificate in Instrument Mechanics from I.T.I.,
Malampuzha. With a view to better his prospects, the petitioner
submitted Ext.P1 application dated 4.11.2006 to the Director of
Technical Education through the Headmaster of the school where he was
employed seeking inter departmental transfer to the Technical Education
Department. He also undertook that on such transfer being made he will
take his position in the seniority list as the junior-most in the Technical
Education Department on the date of joining duty in that department.
The Headmaster of the school forwarded the application to the Director
of Technical Education. The request made by the petitioner in Ext.P1 for
inter departmental transfer was declined by the Director of Technical
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Education and the decision was communicated to the petitioner by Ext.P2
letter dated 21.6.2007. The reasons stated in Ext.P2 is that inter
departmental transfer has been temporarily stopped in the year 2001.
The petitioner states that at a meeting held on 15.12.2006 presided over
by the Director of Technical Education a decision was taken to consider
applications for inter departmental transfer which had been temporarily
stopped in view of the Government order dated 2.12.1998. The
petitioner also states that last grade servants who entered service in
various departments were given inter departmental transfers by Ext.P4
series of orders and by Ext.P5 order, that the beneficiaries of the said
orders are persons who entered service after 17.3.2004 and that the
rejection of his application is therefore arbitrary. In view of Ext.P4 series
of orders and Ext.P5 order, the petitioner submitted Ext.P6 application
dated 11.6.2008 seeking inter departmental transfer to the Technical
Education Department. That application was rejected by Ext.P7 letter
dated 7.8.2008, merely stating that his application cannot be considered.
Ext.P7 is under challenge in this Writ Petition.
3. The learned counsel for the petitioner contends that the reasons
set out in Exts.P2 and P7 to reject the petitioner’s application for inter
departmental transfer are not sustainable in law. The learned counsel for
the petitioner submits that persons who entered service after the
petitioner have been given inter departmental transfer and therefore the
reasons stated in Ext.P2 to deny inter departmental transfer to the
WP(C) 551/09 -: 3 :-
petitioner cannot be sustained. The respondents have filed a counter
affidavit contending inter alia that a ranked list of candidates selected for
appointment to the post of last grade servants has been published by the
Kerala Public Service Commission and that if the petitioner’s request for
inter departmental transfer is entertained, the candidates included in the
ranked list will be prejudicially affected.
4. I have considered the submissions made at the Bar by the
learned counsel appearing on either side. The first application submitted
by the petitioner was rejected on the ground that inter departmental
transfer has been stopped in the year 2001. However, Ext.P3 minutes
and Ext.P4 series of orders and Ext.P5 order establish that persons who
entered service after the petitioner have been given inter departmental
transfer from various departments to the Technical Education
Department. Further in Ext.P7 what is stated is that the petitioner’s
application cannot be considered. The petitioner’s request is now
resisted on the ground that if his request is granted, it will affect the
candidates included in the ranked list published by the Kerala Public
Service Commission for appointment to the post of last grade servants.
5. I have in W.P.(C) No.23355 of 2008 held that as appointments
of last grade servants is made from a common ranked list, if a last grade
servant in the General Education Department is transferred to the
Technical Education Department in the very same district, a vacancy will
arise in the General Education Department against which candidates
WP(C) 551/09 -: 4 :-
recruited by the Commission can be advised and appointed. The Director
of Technical Education is a party to the said judgment that was delivered
on 20.11.2008. It is evident from the counter affidavit filed by the
respondent that vacancies of Peon exist in the Technical Education
Department in Palakkad District. In my opinion, the petitioner can be
accommodated in one of such vacancies of Peon existing in the Technical
Education Department in Palakkad District and in the resultant vacancy, a
candidate selected by the Kerala Public Service Commission can be
advised and appointed. I am therefore of the opinion that the stand
taken by the respondent in Ext.P7 cannot be sustained.
In the result, this Writ Petition is allowed, Ext.P7 is quashed and
the Director of Technical Education is directed to issue orders permitting
inter departmental transfer of the petitioner to the Technical Education
Department and to appoint the petitioner as Peon in Palakkad District.
Orders in that regard shall be issued within two months from the date of
receipt of a certified copy of this judgment.
P.N.Ravindran,
Judge.
ess