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High CourtsSingle Bench(2011) 03 KL CK 0175

Ramesh Kumar T.K., Kuttam Poyil Parambu vs The Director of Technical Education, The Principal, Women''s Poly Technic and Sri. Ganesh V.N., Upper Division Clerk

High Court Of Kerala · Decided on 30 March 2011

HON’BLE JUDGES
T.R. Ramachandran Nair, J
CASE NUMBER
Writ Petition (C) . No. 8008 of 2011 (A)

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Judgment

8 paragraphs · 390 words

T.R. Ramachandran Nair, J.—The Petitioner is aggrieved by the order of transfer Exhibit P12. As per Exhibit P12 order, the Petitioner is transferred from the present station to Quilandi, within the same district.

2.

Mainly, it is pointed out that since the brother of the Petitioner is serving as Jawan in the Indian Army, the Petitioner is entitled to the benefit of the Government Order dated 1.9.2006. True copy of the same is produced as Exhibit P4. It is pointed out that the Petitioner is living along with his aged mother and there are nobody else to look after her.

3.

Earlier, the Petitioner was transferred from Kozhikode to Mananthavady, which was challenged in W.P.(C) No. 17086/2010. This Court by Exhibit P8 judgment set aside the order and directed Respondents 1 and 2 to re-post the Petitioner in the Women''s Polytechnic at Kozhikode. Accordingly, he was re-posted as per Exhibit P9 order dated 24.9.2010 and he rejoined there.

4.

When online request for transfer was called for, the Petitioner did not submit any application. It is pointed that as his name figures in the provisional list, he filed a representation as per Exhibit P11 and without considering it, he is transferred now as per Exhibit P12. It is also the case of the Petitioner that the 3rd Respondent has not sought for a transfer to Kozhikode; but still the Petitioner is transferred.

5.

The learned Government Pleader submitted that the Petitioner was continuing in the same station for a period of 10 years.

6.

Mainly, it is pointed out that the benefit of Exhibit P4 circular has not been granted to the Petitioner. It is also submitted that the Petitioner will be relieved by tomorrow, i.e, on 31.3.2011.

7.

It is up to the Petitioner to challenge the order by filing an appeal before the Government. If the Petitioner files an appeal along with a stay petition before the Government, appropriate orders will be passed in the stay petition within a period of one month and the appeal will be disposed of expeditiously. The Petitioner will not be relieved from the present station, till orders are passed in the stay petition. The appeal and stay petition along with a copy of this judgment and Writ Petition will be filed within one week.

The Writ Petition is disposed of as above.