IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16911 of 2010(L)
1. L.FRANCIS SALESU,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DIRECTOR OF TECHNICAL EDUCATION,
For Petitioner :SRI.SHAJI P.CHALY
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :01/06/2010
O R D E R
C.T. RAVIKUMAR, J.
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WP (C) NO. 16911 of 2010
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Dated this the 1st day of June, 2010
J U D G M E N T
The petitioner is working as lecturer in Mechanical
Engineering in Government Polytechnic College, Palakkad.
He is a native of Palakkad. Exhibit P1 is the Provisional
Transfer List issued by the second respondent on
17.04.2010. As per the same there was no proposal to
transfer the petitioner from Palakkad. In respect of those
persons whose names were figured in Exhibit P1
provisional list they were all given opportunity to raise their
objections, if any, against the proposal. Subsequently
Exhibit P1 was finalized as per Exhibit P2. As per Exhibit
P2 the petitioner was ordered to be transferred and
posted to Government Polytechnic Technic College,
Meenangady. It is challenging the said order that this writ
petition has been filed.
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2. Admittedly, all the persons who were proposed to
be transferred as per Exhibit P1 were offered with
opportunity to make their objections against the proposal.
In case of the petitioner, there was no proposal to transfer
him and as such, his name was not included in Exhibit P1.
However, his name has been included in Exhibit P2 and he
was, now, placed under orders of transfer to Government
Polytechnic College, Meenangadi. There is no reason for
denying the petitioner an opportunity as has been given to
similarly situated persons to raise his grievances.
3. The petitioner has already submitted Exhibit P4
before the second respondent raising his grievances against
Exhibit P2. Therefore, this writ petition is disposed of with
a direction that the second respondent shall consider and
pass orders on Exhibit P4 expeditiously, at any rate, within
a period of one month from the date of receipt of copy of
this judgment. In case the petitioner is not relieved or even
if relieved, but there is vacancy to accommodate the
WP (C) NO. 16911 of 2010
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petitioner in Government Polytechnic, Palakkad the
petitioner shall be permitted to continue there till a decision
is taken on Exhibit P4 and his right continue thereafter will
be subject to the order on Exhibit P4.
C.T. RAVIKUMAR,
JUDGE.
rkc