Dismissed

Bijoy George v. State of Kerala and Others

Kerala HC2 Jun 2010WP(C)/15949/2010

Case brief

AI extract

What is this about?

Kerala HC dismissed a writ petition challenging a lecturer's transfer from permissible locations to a hilly area due to academic shortage and difficulty in securing guest lecturers there as a matter of public interest.

What did the court decide?

Petitioner advised he would not suffer a break in service if he joins within the normal period; permitted to approach the State for favorable transfer order later.

Bijoy George Vs State of Kerala and Others — Service and Employment | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR

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WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932

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WP(C).No. 15949 of 2010(P)

PETITIONER(S):

BIJOY GEORGE, S/O.N.I.GEORGE, AGED 42 YEARS, LECTURER IN COMPUTER ENGINEERING, GOVERNMENT POLYTECHNIC COLLEGE, KALAMASSERY, ERNAKULAM, RESIDING AT NELLIKKAL HOUSE, ALUPURAM P.O., UDYOGAMANDAL, ERNAKULAM- 683504.

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BY ADV. SRI.SHAJI P.CHALY

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RESPONDENT(S):

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THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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THE DIRECTOR OF TECHNICAL EDUCATION, DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM-23.

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NIMMI GEORGE, AGED NOT KNOWN TO THE PETITIONER, D/O NOT KNOWN TO THE PETITIONER, LECTURER IN COMPUTER ENGINEERING, GOVERNMENT POLYTECHNIC COLLEGE, PERUMBAVOOR.

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GOVT.PLEADER SRI.DILIP MOHAN-R1,R2

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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C.T. RAVIKUMAR, J.

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W.P.(C). NO. 15949 OF 2010

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Dated this the 2^nd day of June, 2010

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JUDGMENT

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The petitioner is a lecturer in Computer Engineering in Government Polytechnic College, Kalamassery. For getting a posting in any one of the places of his choice, during the general transfer, the petitioner has submitted an application. It is the contention of the petitioner that his request for transfer was not properly considered despite the availability of vacancies in the places of his choice and therefore, against the proposal made in Ext.P2 draft transfer list, he has submitted Ext.P3 objection. Subsequently, Ext.P4 order dated 21.5.2010 was issued by the second respondent. It is challenging Ext.P4 that this Writ Petition has been filed.

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As per Ext.P4, the petitioner has been transferred and posted in Government Polytechnic College, Kumily. The contention of the petitioner is that it is not a station opted by the petitioner. That apart, according to him, open vacancies are available at GPTC Perumbavoor, WPTC Kalamassery and GPTC Cherthala. When open vacancies are

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W.P.(C) NO.15949/2010

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available in the aforesaid places opted by the petitioner, there is no reason for transferring the petitioner to GPTC Kumily. According to the petitioner, the said action on the part of the second respondent is arbitrary and in violation of the guidelines in Ext.P5. A statement has been filed by the second respondent in this Writ Petition. It is stated therein that as per Ext.P4, the petitioner was transferred and posted at GPTC Kumily upon public interest. The circumstances which necessitated such a transfer have been explained in the said statement as hereunder:

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“The Department is facing shortage of competent lecturers in Computer Engineering branch. On the other hand getting Gust Lecturers for the said post especially hilly areas like Kumaly the places like above is also very difficult. The result details of the government Polytechnic College, Kumaly in the academic year's 2008, 2009, 2010 is also speaks the necessity for competent and eligible Lecturer for the Govt.Polytechnic College, Kumaly.”

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3. It is thus obvious from the statement filed by the second

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respondent that despite the availability of vacancies in the places of choice of the petitioner, he was transferred and posted at Kumily on account of acute shortage of competent lecturer in Computer Engineering branch in the department. That apart, according to the second respondent, getting guest lecturer for the said post in hilly areas like Kumily is very difficult.

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W.P.(C) NO.15949/2010

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It is specifically stated therein that the petitioner had worked in his home district for nearly 11 years during his service. After going through the statement filed by the second respondent, I am of the view that the transfer effected as per Ext.P4 requires no judicial review as it has been effected on public interest. There is no merit in the contentions of the petitioner and the Writ Petition is accordingly, dismissed. When this matter came up for admission on 25.5.2010, this Court passed an interim order to maintain status quo with respect to the petitioner and the same was subsequently extended. Based on the said interim order, despite the order in Ext.P5, the petitioner continued to work in GPTC Kalamassery. Therefore, it is made clear that in case the petitioner joins the place of his transfer within the normal period allowable for joining duty pursuant to the transfer order, the same shall not constitute a break in service. It is further made clear that the dismissal of this Writ Petition will not stand in the way of the petitioner approaching the first respondent with a request for a favourable order of transfer.

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(C.T. RAVIKUMAR, JUDGE)

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spc

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W.P.(C) NO.15949/2010

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C.T. RAVIKUMAR, J.

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W.P.(C). NO.15949 /2010

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JUDGMENT

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2^nd June, 2010

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W.P.(C) NO.15949/2010 5

Bijoy George v. State of Kerala and Others

Case brief

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Bijoy George v. State of Kerala and Others

Case brief

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