IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23358 of 2010(T)
1. RADHAKRISHNAN K.K.,
... Petitioner
Vs
1. THE PRINCIPAL SECEATARY,
... Respondent
2. THE DIRECTOR OF TECHNICAL EDUCATION,
3. MR.K.S.SALIM RAJ,
4. MRS, K.K.SARALA,
5. SMT.THARA SAMUEL,
6. STATE OF KERALA,
For Petitioner :SRI.V.AJITH NARAYANAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :15/10/2010
O R D E R
C.T. RAVIKUMAR, J
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W.P.(C)Nos. 23358 & 29202 OF 2010
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Dated this the 15th day of October, 2010
J U D G M E N T
The petitioner in the former Writ Petition had been
working as Head of Section in Civil Engineering in Maharaja’s
Technological Institute, Thrissur. While so, the petitioner in
the latter Writ Petition was transferred to the said institute as
per Ext.P9 order from GPTC, Kottayam in place of the
petitioner. In the former Writ Petition filed against Ext.P9
order of transfer this Court passed an interim order on
26.7.2010 requiring maintenance of status quo. Despite the
said order the 3rd respondent/petitioner in WPC
No.29202/2010 was relieved from GPTC, Kottayam and he was
permitted to join at Maharaja’s Technological Institute,
Thrissur. On 28.7.2010 this Court admitted the former Writ
Petition and directed the respondents 1 and 2 to file affidavit
detailing the circumstances the third respondent viz., the
petitioner in the latter writ petition, despite the order dated
26.7.2010, was permitted to assume charge. In the affidavit
filed in terms of the said direction it was specifically stated
WPC.Nos.23358/2010& 29202/2010
: 2 :
that the interim direction would be complied with. Despite
the said undertaking the petitioner was permitted to continue
therein and the said circumstances compelled this Court to
pass an interim order on 20.8.2010. Subsequently, the first
respondent considered the rival claims and as per order dated
6.9.2010 No.G.O(Rt) No.1761/2010/H.Edn. viz., Ext.P10 in the
latter Writ Petition the petitioner therein viz., the 3rd
respondent in the former Writ Petition was transferred from
Maharaja’s Technological Institute, Thrissur to GPTC,
Meenangadi. The latter Writ Petition has been filed
challenging the said order of transfer viz., Ext.P10 therein.
2. There can only be one post of Head of Section in Civil
Engineering in Maharaja’s Technological Institute at Thrissur.
Therefore, only one among the petitioner and the 3rd
respondent could continue in Maharaja’s Technological
Institute. Evidently, the 3rd respondent has now, been
transferred as per Ext.P10 to GPTC, Meenangadi. According
to the 3rd respondent/petitioner in the latter writ petition, he is
entitled to get a favourable posting preferably, in Maharaja’s
Technological Institute, Thrissur itself or in any other place
WPC.Nos.23358/2010& 29202/2010
: 3 :
which is convenient to him. I am of the considered view that
distribution officers is a matter which falls within the domain
of the employer taking into account the circumstances and in
the best interest of the administration. I do not propose to
consider the claims of the petitioner and the 3rd respondent at
this stage and in fact, it is a matter to be decided by the first
respondent after affording an opportunity to the petitioner
and the 3rd respondent.
3. The petitioner in WP(C)No. 23358/2010 has
already submitted Ext.P10 representation before the first
respondent. The petitioner in the latter writ petition has also
filed Ext.P11 representation therein, before the first
respondent. In these circumstances these writ petitions are
disposed of with a direction to the first respondent to consider
Ext.P10 representation in WP(C) No.23358/2010 and Ext.P11
representation in WP(C) No. 29202/2010 and pass appropriate
orders thereon, expeditiously, at any rate within a period of
one month from the date of receipt of a copy of this judgment.
In the meanwhile, the petitioner shall be permitted to
continue as Head of Section in Civil Engineering at Maharaja’s
WPC.Nos.23358/2010& 29202/2010
: 4 :
Technological Institute, Thrissur. The Petitioner in WP(C)
29202/2010 will be relieved for the purpose of joining at
GPTC, Meenangadi. It will be open to the first respondent to
consider whether any of them could be given in any other
convenient posting based on their claims in their respective
representations in case, any other open vacancy is available
for such a convenient posting. The petitioner in the former
writ petition has yet another grievance. Despite the order
passed by this Court to maintain status quo passed on
26.7.2010 he was not actually permitted to attend the duties.
In fact, it was taking in to account the said circumstances this
Court passed an order in 28.7.2010. But, on account of the
failure on the part of the official respondents to comply with
the interim order passed by this court dated 26.7.2010 a break
in service may occur between the period from 27.7.2010 to
2.9.2010. Therefore, there will be a direction to the second
respondent to regularize the service of petitioner in WPC No.
23358/2010 from the period from 27.7.2010 to 2.9.2010 by
treating the said period as duty. The learned counsel
appearing for the petitioner in WPC No.29202/2010 submits
WPC.Nos.23358/2010& 29202/2010
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that on account of the pendency of these writ petitions the
petitioner therein was not drawn and disburse the salary. It
is made clear that in case the petitioner in WPC. No.
29202/2010 joins at GPTC, Meenangadi in terms of the
directions in this judgment based on Ext.P11 order the second
respondent shall take appropriate steps for drawing and
disbursing his salary expeditiously, at any rate within a period
of one month from the date of joining.
These Writ Petitions are accordingly, disposed of.
Sd/-
(C.T. RAVIKUMAR, JUDGE)
jma
//true copy//
P.A to Judge