IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 15902 of 2008(R) ---------------------------------------- PETITIONER: --------------------- JACOB JOHN, CIRCLE INSPECTOR OF EXCISE, KERALA STATE BEVERAGES CORPORATION, HEAD QUARTERS, THIRUVANANTHAPURAM. BY ADV. SRI.N.SUGATHAN SMT.VARSHA BHASKAR SRI.S.PRASANTH (AYYAPPANKAVU) RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. G.K. ANIL KUMAR, CIRCLE INSPECTOR OF EXCISE, EXCISE CIRCLE OFFICE, KOLLAM. 4. S. SANJEEV, CIRCLE INSPECTOR OF EXCISE, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 5. M. ANSARI BEEGU, CIRCLE INSPECTOR OF EXCISE, NARCOTIC EXCISE SQUAD (NES), ADIMALI, IDUKKI. BY GOVERNMENT PLEADER SMT. SUDHADEVI - R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 15902 of 2008 -------------------------- Dated this the 9th June, 2008 J U D G M E N T I refrain from embarking upon a detailed narration of the facts which lead to the transfer of the petitioner -Circle Inspector of Excise from the KSBC Headquarters, Thiruvananthapuram to Narcotic Excise Squad, Adimali vide Exhibit-P8. 2. I think it is only necessary to highlight the facts emphatically urged by the learned counsel for the petitioner Sri.N.Sugathan. It is explained in Ground B of the writ petition and the same reads as follows: The petitioner and 3 other officers who were suspended from service as per Ext.P4 order were reinstated as per Ext.P7 order dated 13.5.2008. In this order Sri.N.S.Salim Kumar, Excise Circle Inspector, was posted at Excise Circle Office, Kunnathoor, Sri.Vijanatha Panicker, Circle Inspector of Excise, was posted at KSBC, Alappuzha and Sri. M.N.Sivaprasad, Excise Inspector, was posted at Excise Circle Office, Palakkad. The petitioner was posted at KSBC Headquarters, Thiruvananthapuram. Among these 4 officers reinstated in service as per Ext.P7 W.P ( C) No. 15902 of 2008 2 order, the petitioner alone is now transferred to a distant place as per Ext.P8 order within a short period of two weeks. He is discriminated and treated adversely. There is no justification for this present transfer. The action of the 2nd respondent is highly arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India.” 3. Pursuant to the liberty given by this Court on 28.5.2008 when an order of status quo was passed, the Excise Commissioner passed an order on 30.5.2008 rejecting the claim of the petitioner. The order, no doubt, disposes of the petitioner's representation. But I do not find reference in the said order to the specific contention raised by the petitioner as mentioned above. In the circumstances, it would be appropriate that the Government considers the petitioner's grievance. In the result, the writ petition is disposed of in the following terms: i) If the petitioner files a representation, which is in the form of an appeal before the 1st respondent, against Exhibit-P8 Order No.XD2.14085/08 dated 30.5.2008 of the Excise Commissioner, Government shall specifically consider the case of the petitioner as urged in Ground B of the writ petition and W.P ( C) No. 15902 of 2008 3 specifically extracted in this judgment. ii) It is open to the petitioner to point out other vacancies and the Government shall consider the suitability of the petitioner in relation to such vacancy. I make it clear that I have not expressed any opinion on the merits of the case. This direction is being issued only to enable the Government to consider the petitioner's grievance. iii) Government shall pass orders on the petitioner's representation, within a period of two months from the date of receipt of a copy of this judgment. Status quo as regards the petitioner as ordered on 28.5.2008 shall continue till the Government passes an order as aforementioned. (V.GIRI, JUDGE) ma W.P ( C) No. 15902 of 2008 4