IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 WP(C).No. 17863 of 2009(C) ------------------------------------- PETITIONER(S): ----------------------- P.K. POLSON, SECOND GRADE OVERSEER, CORPORATION OF COCHIN. COCHIN -11. BY ADVS.MR.PHILIP T.VARGHESE MR.THOMAS T.VARGHESE RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, LOCAL ADMINISTRATION DEPT. GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. 4. S.LEELA KUMARI, SECOND GRADE OVERSEER, CORPORATION OF THIRUVANANTHAPURAM, THIRUVANANTHAPURAM. 5. T.A. AJAYA GHOSH, SECOND GRADE, OVERSEER CORPORATION OF COCHIN, COCHIN -11. R1 & R3 BY GOVT. PLEADER MR.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 17863 of 2009 C =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 26th day of June, 2009 JUDGMENT Heard Sri. Philip T. Varghese, the learned counsel appearing for the petitioner. 2. The petitioner who is presently working as Second Grade Overseer in the Cochin Corporation has filed this writ petition challenging Ext.P4 order dated 12-6-2009 passed by the Chief Engineer transferring him to Muvattupuzha Municipality against an existing vacancy. The petitioner contends that several of his colleagues who have completed more than four years of service have been retained in Cochin Corporation, while he has been singled out and transferred to Muvattupuzha Municipality. 3. The pleadings disclose that even in the draft transfer order, the petitioner was transferred to Muvattupuzha Municipality. Muvattupuzha is well connected by road to Ernakulam and is only 45 k.m. away. The petitioner cannot therefore have any serious grievance regarding the station to which he is posted. His main grievance is that several of his colleagues who have completed more than four years of service have been retained in Cochin Corporation, while he has been singled out and transferred to W.P.(C) No. 17863/09 2 Muvattupuzha Municipality. In my opinion, as the petitioner has not been able to demonstrate that the order of transfer is in violation of any statutory rule or is one passed by an incompetent officer or is vitiated by mala fides, this Court cannot interfere with his transfer from Cochin Corporation to Muvattupuzha Municipality. The writ petition fails and is accordingly dismissed. It is clarified that the dismissal of this writ petition will not stand in the way of the petitioner from moving the Government seeking cancellation of the order of transfer or seeking transfer to another station. P.N.RAVINDRAN, JUDGE. mn.