IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(C).No. 14739 of 2009(J) ----------------------------------------- PETITIONER(S): ------------------------ K.M.VARGHESE,REVENUE INSPECTOR, MANJERI MUNICIPALITY,MANJERI. BY ADVS.MR.PHILIP T.VARGHESE MR.THOMAS T.VARGHESE SMT.SUBHA ABRAHAM SMT.P.J.JINIMOL MR.S.SARATH RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 3. T.P.JANARDHANAN,REVENUE INSPECTOR, IRINJALAKUDA. BY SR. GOVT. PLEADER MR.P.NANDAKUMARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.14739 of 2009 -------------------------------------- Dated 29th May, 2009 JUDGMENT The petitioner and the third respondent were formerly employed in the Corporation of Cochin. They were transferred to Manjeri and Irinjalakkuda respectively in November, 2008. According to the petitioner, though he had moved for transfer back to Cochin Corporation when general transfers for the year 2009 were effected, his application was not even considered when the draft transfer order was passed and that the third respondent who is ineligible for transfer back to Ernakulam District has been transferred back to Cochin Corporation. Ext.P3, the order passed by the second respondent in that regard is under challenge in this writ petition to the extent it transfers the third respondent from Irinjalakkuda Municipality to Cochin Corporation. 2. On going through the writ petition, the grievance of the petitioner appears to be is that his request for transfer back to Cochin Corporation has not been considered. The petitioner states that by virtue of his past service, he is entitled to be posted back to Cochin Corporation in the light of the guidelines governing transfer and posting of Government employees. In my opinion, if the petitioner is WP(C).No.14739/2009 2 aggrieved by Ext.P3 and the non-consideration of his request for transfer back to Cochin Corporation, his remedy is to move the Government. Under the guidelines governing transfer and posting of Government employees, the Government have residuary powers to deviate from the guidelines if circumstances warrant such deviation. I accordingly dispose of this writ petition with the direction that in the event of the petitioner filing an appropriate representation before the Secretary to Government, Local Self Government Department, setting out his claims and contentions within one month from today, the Secretary to Government, Local Self Government Department shall consider the same and pass orders thereon within another month thereafter. P.N.RAVINDRAN Judge TKS