IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 WP(C).No. 36023 of 2009(W) -------------------------- PETITIONER(S): --------------- M.C.REGHU, S/O.CHANDRAN, AGED 42 YEARS, ELECTRICIAN GRADE-I, GOVERNMENT PRESS, ERNAKULAM, (UNDER TRANSFER TO GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM), RESIDING AT MADASSERY HOUSE, PUTHIYEDAM, PARAPURAM P.O., ERNAKULAM DISTRICT. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE JOINT SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PRINTING, GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM. 4. THE SUPERINTENDENT OF GOVERNMENT PRESSES, THIRUVANANTHAPURAM. 5. C.K.RAJESH, ELECTRICIAN GRADE-I, GOVERNMENT PRESS, ERNAKULAM. GOVT.PLEADER SMT.ANU SIVARAMAN-R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 36023 OF 2009 -------------------------------------------- Dated this the 25th day of January, 2010 JUDGMENT The petitioner is working as an Electrician Grade I, at Government Press, Ernakulam. He has filed this Writ Petition challenging Exts.P5 and P6 orders and praying for a declaration that he is eligible to continue at Government Press, Ernakulam. The case of the petitioner is that it is only to accommodate the fifth respondent that he is ordered to be transferred out. 2. Admittedly, the fifth respondent had earlier approached this Court by filing W.P.(C).No.2033 of 2009. He is working as an Electrician Grade-I in Government Press, Thiruvananthapuram. He had applied for transfer opting Ernakulam District. He had raised grievance regarding continuance of the petitioner in the same station i.e., at Government Press, Ernakulam, for about eight years. The said Writ Petition was disposed of at the admission stage itself as per Ext.P2 judgment with a direction to the first respondent to consider Ext.P5 therein within the period stipulated thereunder. Further, it was observed that in case of any proposal to disturb W.P.(C) NO.36023 of 2009 2 the third respondent(petitioner herein) for accommodating the fifth respondent (petitioner therein), the third respondent/petitioner herein shall also be heard the matter. Accordingly, the petitioner herein and third respondent were heard and Ext.P5 order was issued. The fifth respondent is having more than three years out station service and he has now opted Ernakulam District. He can be accommodated only if the petitioner herein, who has been continuing in Government Press, Ernakulam, for about eight years, is transferred out. Considering all the aspects of the matter, Ext.P5 order has been passed to effect mutual transfer of the petitioner and fifth respondent. This Writ Petition is filed challenging Ext.P5 order, in the said circumstances. 3. Admittedly, the petitioner and fifth respondent were heard prior to the passing of Ext.P5. The first respondent has taken into account the fact that the petitioner has been continuing in Government Press, Ernakulam for about eight years continuously and that the fifth respondent has already put in more than three years outside service. Virtually, the petitioner himself admits existence of provisions for such a course of action in the said factual situation as is obvious from Ground H in the Writ Petition. When faced with such a situation, it is submitted that the petitioner can be retained at Government Press, Ernakulam if the fifth respondent is posted to the post of Electrician Senior Grade that was W.P.(C) NO.36023 of 2009 3 shifted to Ernakulam from Government Press, Mannanthala. The said submission will make it clear that the post shifted is that of a Senior Grade Electrician and the petitioner and fifth respondent herein are Electricians Grade-I. Therefore, such a direction cannot be issued by this Court to accommodate the fifth respondent as against the post of Electrician Senior Grade. That apart, exploring the possibility of other alternative methods in the matter of transfer is not a matter for consideration of this Court. I am not able to find any illegality or irregularity in Ext.P5 warranting interference by this Court. The petitioner has also failed to establish any mala fides on the part of authority in passing Ext.P5 order. Ext.P6 is only a consequential order of Ext.P5. In the circumstances, there is no merit in the contentions of the petitioner raised against Exts.P5 and P6 orders. Accordingly, the Writ Petition is dismissed. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.36023 of 2009 4 C.T. RAVIKUMAR, J. CRL. M.C. NO. O R D E R 3rd June, 2009 W.P.(C) NO.36023 of 2009 5