Kerala High Court
Sudheer Kumar N.S vs The Director on 17 July, 2019
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 17TH DAY OF JULY 2019 / 26TH ASHADHA, 1941
WP(C).No.15096 of 2019
PETITIONER:
SUDHEER KUMAR N.S.
AGED 46 YEARS
S/O.T.K.SUBRAMANYAN, LAST GRADE SERVANT,
INSTITUTE OF HUMAN RESOURCES DEVELOPMENT TECHNICAL
HIGHER SECONDARY SCHOOL,
CHERTHALA, ALAPUZHA-688524.
BY ADV. SRI.U.BALAGANGADHARAN
RESPONDENTS:
1 THE DIRECTOR,
INSTITUTE OF HUMAN RESOURCES DEVELOPMENT,
PROJECT TOWERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695001.
2 THE PRINCIPAL,
MODEL TECHNICAL HIGHER SECONDARY SCHOOL,
KALOOR, ERNAKULAM-682017.
3 SHRI.ANTONY JOSE,
IHRD COLLEGE OF APPLIED SCIENCE, KADUTHURUTHY,
KOTTAYAM-686604.
OTHER PRESENT:
SRI.DEEPU THANKAN,SC,IHRD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.15096 of 2019
2
J U D G M E N T
Petitioner is a Last Grade Servant working in the Institute of Human Resources Development, Technical Higher Secondary School, Cherthala. He has got a 5 year old child, who is 100% disabled. Petitioner is residing at Chottanikkara. As it became difficult to take care of the disabled child, while working at Cherthala, petitioner has been submitting several representations requesting for transfer to Ernakulam District. Ext.P5 application for General Transfer for the year 2018 was submitted based on Ext.P4 Circular requesting for a posting at Model Technical Higher Secondary School, Kaloor. Petitioner has produced Ext.P2 certificate issued in respect of his child where it is certified that his son is suffering from Congenital Glaucoma with 100% disability. Pointing out that there are several persons continuing in various Schools in Ernakulam for more than 15 to 20 years, petitioner has filed this writ petition challenging the transfer granted WP(C).No.15096 of 2019 3 to the 3rd respondent from Kottayam to Kaloor.
2. Learned Standing Counsel submits that 3 rd respondent had submitted an application for transfer. However, this is disputed by the learned counsel for the petitioner, pointing out that 3 rd respondent has already claimed transfer TA. However, learned Standing Counsel submitted that applications are already invited for General Transfer for the year 2019 and the transfer granted to the 3 rd respondent, which is challenge in this case, is of the year 2018- 19, which was delayed for one or other reasons.
3. Learned counsel for the petitioner submits that Ext.P5 application for General Transfer is already submitted by the petitioner indicating his choice stations as Model Technical Higher Secondary School, Kaloor, Regional Centre, Edappally and Model Engineering College, Thrikkakara.
Therefore, the writ petition is disposed of, directing the 1st respondent to consider Ext.P5 application submitted by the petitioner at the time of General Transfer taking note of Ext.P2 certificate WP(C).No.15096 of 2019 4 issued in the case of the petitioner's son and the representations submitted by the petitioner pointing out the hardship involved in taking care of his physically disabled child, when he is posted in a far off place.
Sd/-
P.V.ASHA, JUDGE.
AS WP(C).No.15096 of 2019 5 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ORDER NO.EB2/6982/2010/HRD DATED 20.9.2010 ISSUED BY THE FIRST RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE DISABILITY CERTIFICATE DATED 16.7.2015 ISSUED BY THE DISTRICT MEDICAL BOARD, ERNAKULAM. EXHIBIT P3 A TRUE COPY OF THE CIRCULAR NO.EB2- 11272/2016 HRD DATED 4.12.2017 ISSUED BY FIRST RESPONDENT (RELEVANT PAGES ONLY).
EXHIBIT P4 A TRUE COPY OF THE CIRCULAR NO.EB1/82/2018/HRD DATED 8.3.2018 ISSUED BY THE FIRST RESPONDENT.
EXHIBIT P5 A TRUE COPY OF APPLICATION FOR TRANSFER DATED 26.3.2018 SUBMITTED BY THE PETITIONER.
EXHIBIT P6 A TRUE COPY OF ORDER NO.EB2/6193/2018 HRD DATED 23.5.2019.
EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION/APPLICATION SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT DATED 29.5.2019.