Allowed

Sreekumar M. v. Director of Technical Education

Kerala HC4 Apr 2011WP(C)/3581/2011

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the petitioner's writ petition seeking inter-departmental transfer from Health to Technical Education. Quashing the rejection order, the Court directed the respondent to consider the transfer application on merits and pass orders within two months.

What did the court decide?

Ext.P3 was quashed. The respondent was directed to consider the transfer application on merits and pass orders within two months.

Sreekumar M. Vs Director of Technical Education — Pension and Retirement Benefits | Kerala HC (2011)

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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 S.SIRI JAGAN

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MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933

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WP(C).No. 3581 of 2011(W) --------------------------------

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PETITIONER(S):

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---------------

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1. SREEKUMAR.M.PEON,COMMUNITY HEALTH CENTRE,VELLANAD,THIRUVANANTHAPURAM.

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2. DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM 695 001.

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BY ADV. SMT.P.V.ASHA SMT.VINEETHA B.

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RESPONDENT:

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--------------DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM - 695 001.

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ADV.MR. SANDESH RAJA - GOVT. PLEADER.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3581 of 2011

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1: COPY OF THE CERTIFICATE DTD NIL OF THE PETITIONER. EXT.P1(a): COPY OF CERTIFICATE DTD 6-6-02 OF PETITIONER.

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EXT.P2: COPY OF THE APPLICATION DTD 17-6-08 OF THE PETITIONER. EXT.P2(a): COPY OF THE LETTER DTD 12-4-09 OF THE DMO (H) THIRUVANANTHAPURAM. EXT.P3: COPY OF ORDER No.ED3/20717/2007/T.EDN DTD 19-8-09 OF RESPONDENT. EXT.P4: COPY OF THE APPLICATION DTD 20-9-10 OF PETITIONER. EXT.P4(a): COPY OF THE LETTER DTD 25-10-10 OF THE PRINCIPAL. EXT.P4(b): COPY OF THE LETTER DTD 27-10-10 OF THE SUPERINTENDENT, THS, NEDUMANGAD. EXT.P5: COPY OF LETTER DTD 20-10-10 OF THE SUPERINTENDENT, THS, NEYYATTINKARA. EXT.P5(a): COPY OF THE LETTER DATED 9-11-10 OF THE PRINCIPAL. EXT.P6: COPY OF THE JUDGMENT IN W.P.(C)551/2009.

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TRUE COPY

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PA TO JUDGE.

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S. SIRI JAGAN, J.

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W.P.(C) No.3581OF 2011

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Dated this the 4^th day of April, 2011

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JUDGMENT

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The petitioner is a Peon working in the Community Health Centre in the Department of Health of the Government of Kerala. He hopes that he would have better prospect in the Department of Technical Education, since he has sufficient technical qualifications for the same which would not be of use for career advancement in the Health Department. Therefore, he applied for an inter-departmental transfer to the Department of Technical Education. That application has been rejected by Ext.P3 order on the ground that for administrative reasons the petitioner's application cannot be considered. The petitioner seeks the following reliefs:

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a. Call for the records leading to Ext P3 and quash the same by issuing a writ of certiorari or other appropriate writ, order or direction; b. Declare that the refusal to grant interdepartmental transfer to petitioner to the Department of Technical Education is illegal;

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c. to issue a writ of mandamus or other appropriate writ, order, or direction commanding the respondent to consider the request of petitioner contained in Exhibit P2 for interdepartmental transfer and to allow his application granting inter-

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W.P.(C)No.3581/11

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departmental transfer against any of the vacancies of Peon or Watchman existing under the respondent in Thiruvananthapuam District”

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The learned counsel for the petitioner submits that

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the issue involved in this writ petition is squarely covered by the decision of this Court in W.P.(C) No.5534/10. The learned Government Pleader does not dispute the fact that the issue involved is covered by that judgment. In the above circumstances, I am inclined to follow that judgment to dispose of this writ petition.

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Accordingly, this writ petition is allowed. Ext.P3 is quashed. There will be a direction to the respondent to consider the application of the petitioner for inter-departmental transfer on merits. His claim shall be considered for transfer to one of the existing vacancies and orders in this regard shall be passed, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment.

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S. SIRI JAGAN, JUDGE

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acd

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W.P.(C)No.3581/11 3

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W.P.(C)No.3581/11 4

Sreekumar M. v. Director of Technical Education

Case brief

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Sreekumar M. v. Director of Technical Education

Case brief

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