IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21914 of 2008(H)
1. V S DILEEP, SELECTION GRADE LECTURER
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF COLLEGIATE EDUCATION,
3. SMT.T.P.JAMEELA, SELECTION GRADE
For Petitioner :SRI.MILLU DANDAPANI
For Respondent :SRI.S.K.HARISH
The Hon'ble MR. Justice K.T.SANKARAN
Dated :26/08/2008
O R D E R
K.T. SANKARAN, J.
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W.P.(C)No. 21914 OF 2008
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Dated this the 26th August, 2008
J U D G M E N T
While the petitioner was working as Selection Grade Lecturer in
Economics in the P.M. Government College, Chalakkudy, he made Ext. P1
representation dated 03.03.2008 requesting to post him in the college at his
home station, viz., K.K.T.M. Government College, Pullut. In Ext. P1, he also
stated that his second preference for posting is Government College, Thrissur
followed by Government College, Chalakkudy. As per Ext. P2 order of transfer
dated 24.05.2008, the petitioner was transferred to K.K.T.M. Government
College, Pullut in the retirement vacancy of one Sobhanakumary which arose on
31.03.2008. The petitioner has taken charge at K.K.T.M. Government College
on 04.06.2008
2. Ext. P1 representation dated 03.03.2008 was made at a time when the
post of Principal at the K.K.T.M. Government College was lying vacant. In Ext.
P1 representation, it is stated that as there is a good chance for the petitioner
for getting promotion as Principal after 31.03.2008, he may be posted as
Principal, K.K.T.M. Government College, Pullut. In Ext. P1 representation, it was
made clear that he had already applied for a transfer to K.K.T.M. Government
College, Pullut in the general transfer request .
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3. As per Ext. P3 order dated 18.07.2008, promotions and postings of
Selection Grade Lecturers as Principals were made. The petitioner was
promoted as Principal and was posted as such at EKNM Government College,
Elerithattu. By Ext. P3 order, the third respondent who was working as
Selection Grade Lecturer in the Maharaja’s College, Ernakulam was promoted
as Principal and posted as such in the K.K.T.M. Government College, Pullut.
Ext. P3 order is under challenge in this Writ Petition.
4. The case of the petitioner is that in Ext. P1 representation, he had
made a specific request to post him as Principal in the K.K.T. M. Government
College, Pullut where the post of Principal was lying vacant at that time. The
petitioner was anticipating his promotion as Principal at the time when Ext. P1
representation was made. It was stated in Ext. P1 representation that the
petitioner’s father is aged 95 years and that his presence at his residence is
absolutely necessary. It is stated in the Writ Petition that now he is posted at
Elerithattu which is a far away place in Kannur district. The petitioner states that
his date of superannuation is 29.11.2008. Pointing out his grievances, the
petitioner submitted Ext. P4 representation dated 19.07.2008 to the first
respondent. Ext. P4 representation is not so far disposed of.
5. At the time when the Writ Petition came up for admission, an interim
order dated 21.07.2008 was passed. The interim order dated 21.07.2008 reads
as follows:
“Admit. Government Pleader takes notice for respondents
W.P.(C)No. 21914 OF 2008
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1 and 2. Petitioner shall serve a copy of the Writ Petition to
the Government Pleader. Notice by Special Messenger to
the third respondent.
There will be an interim stay of Ext. P3 in so far as
the petitioner and the third respondent are concerned.
The vacancy of Principal at KKTM Government College,
Pullut shall be kept vacant for a period of two weeks. It is
made clear that the stay order is not a stay of promotion
of the petitioner and the third respondent.
Post on 29th July 2008.”
The interim order dated 21.07.2008 is being extended from time to time.
6. The third respondent has filed a counter affidavit, in which it is stated
that her husband had undergone a Bye-Pass surgery and that he is in need of
strict medical supervision and personal attention. It is also stated that her
mother aged 79 years is living with the third respondent. It is also pointed out
that the third respondent had submitted a representation before the second
respondent to post her in a nearby station. In paragraph No.6 of the counter
affidavit, it is stated thus:
“It is humbly submitted that the petitioner by Exhibit P1 had
opted not only KKTM College, Pullut, but also opted for
Thrissur and Chalakkudy colleges. The petitioner has not
impleaded those Lecturers who were promoted to the
other colleges he opted for. The date of retirement of Sri
M.P.Ravindrakumar, who is promoted under Rule 31(a)
(1) Part II KS & SSR on the pretext of exigency of service,
is enlisted to be promoted as Principal, Government
W.P.(C)No. 21914 OF 2008
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College, Thrissur is 31.3.2012. Being a junior grade
Lecturer than the petitioner and me, and having more
service than us, the petitioner ought to have impleaded
him. The petitioner by confining only me in the party array
is only to harass me and refraining me to take charge as
Principal at KKTM College, Pullut.”
The third respondent contends that the general guidelines for transfer and
posting of teachers would not apply in the case of Principals , particularly when
promotion and posting is made. The third respondent states that the Writ
Petition is devoid of merit.
7. Learned Government Pleader submits that Ext. P3 order is not a
transfer order, but an order promoting and posting Selection Grade Lecturers as
Principals to different stations. By Ext. P3 order, the petitioner is promoted as
Principal and posted as such in the EKNM Government College, Elerithattu.
There cannot be any grievance against Ext. P3 on the basis of Ext.P5
guidelines for transfer and postings of College Teachers. According to the
Government Pleader, Ext. P5 does not apply to transfer and posting of
Principals.
8. Ext P4 is not disposed of so far. It is necessary to consider the
grievance of the petitioner . At the same time, it is also necessary to consider
the grievance of the third respondent . The matters mentioned in paragraph No.
6 of the counter affidavit of the third respondent may also be relevant. Of
course, the person concerned is not made a party to the Writ Petition. At the
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same time, when Ext. P4 is considered by the first respondent, the matters
mentioned in paragraph No.6 of the counter affidavit of the third respondent may
also assume importance. Of course, the concerned person shall also be
afforded an opportunity of being heard. The first respondent shall consider all
the relevant aspects and dispose of Ext. P4 representation, after affording an
opportunity of being heard to the petitioner, the third respondent and any other
person who is likely to be affected.
In the facts and circumstances of the case, the Writ Petition is disposed of
as follows:
i) The first respondent shall consider Ext. P4 representation submitted by
the petitioner as expeditiously as possible, and at any rate, within a period of
three weeks from today, after affording an opportunity of being heard to the
petitioner, the third respondent and any other person who is likely to be affected.
ii) Till the disposal of Ext. P4 representation, the interim order dated
21.07.2008, which is being extended from time to time shall be in force.
iii) The petitioner shall produce a copy of the Writ Petition and certified
copy of the judgment before the first respondent within a period of ten days.
K.T. SANKARAN,
JUDGE.
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