IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 WP(C).No. 890 of 2010(I) ---------------------------------- PETITIONER: ------------------- G.PRABHA, AGED 32 YEARS, S/O.GOPALAN, U.D.CLERK, IRRIGATION SUB DIVISION, CHAVARA, KOLLAM DISTRICT. RESIDING AT AMBU MURIYIL, ALUMPEEDIKA P.O., KOLLAM - 690 547. BY ADVS. MR.JACOB ABRAHAM, SMT.KOCHUMOL KODUVATH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE WATER RESOURCES DEPARTMENT SECRETARIAT, TRIVANDRUM. 2. CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, IRRIGATION DEPARTMENT, PUBLIC OFFICE, TRIVANDRUM. 3. N.SASIDHARAN, L.D.CLERK, K.I.P. L.B.DIVISION NO.V, KOLLAM. R1 & R2 BY GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K.SURENDRA MOHAN, J ........................................... WP(C).NO.890 OF 2010 ............................................ DATED THIS THE 13TH DAY OF JANUARY, 2010 JUDGMENT The petitioner challenges Ext.P2 transfer order by which he is transferred from the Irrigation Sub Division, Chavara to K.I.P L.B.Division No.5, Kollam. According to the petitioner, the transfer has been ordered only for the purpose of giving a posting to the third respondent at Chavara, which is a place close to his residence. According to the petitioner, the third respondent is an office bearer of the Kerala Government Employees Union, which is associated with the Revolutionary Socialist Party to which the Minister for Water Resources Department belongs. It is the petitioner's case that the third respondent is a person who had been transferred to Kollam by Ext.P1 order dated 19.11.2009. The petitioner contends that malafides is writ large on his transfer and posting as per Ext.P2. According to the counsel for the petitioner, one B.Muraleedharan Pillai, who is working as a U.D.Clerk at the Irrigation Sub Division, Chavara is due for transfer as Head Clerk within one month. Immediately thereafter, the Wpc 890/2010 2 petitioner also expects to be promoted as a Head Clerk and to be transferred. In the above eventuality, he would have to undergo the trauma of a transfer again within a short while. Therefore, the counsel prays for setting aside the transfer order, Ext.P2. 2. The Government Pleader has, on instructions, submitted that the petitioner has been working in the office of the Assistant Executive Engineer, Irrigation Sub Division, Chavara since 6.6.2005, for a period of four years and six months. As per his instructions, the distance between Chavara and Kollam is only 13 kms. Consequent to the transfer, no station change has occurred and no inconvenience is caused. Therefore, the Government Pleader prays for dismissal of this writ petition. 3. I have heard the learned counsel for the petitioner, Smt.Kochumol Koduvath and learned Government Pleader, Sri Anu Sivaraman. I have also anxiously considered the contentions of the parties. 4. A perusal of Ext.P2 shows that it is a general transfer order by which 38 persons have been transferred to different places. The Wpc 890/2010 3 petitioner has no case that the transfer has been made by a person, who is not competent to order such transfer, or that the same is in violation of any rules. The contention of the petitioner is that the transfer has been made with respect to the petitioner only to give a convenient posting to the third respondent who is an office bearer, of a service organisation. However, there is no material or evidence to substantiate the above contention. It is true that the third respondent was posted to his present place of posting only as per Ext.P1 proceedings. Shortly thereafter, he has been moved to his present posting by Ext.P2 proceedings. There is nothing in Ext.P1 or P2 to warrant a conclusion that the transfer has been made for favouring the third respondent. As pointed out by the learned Government Pleader, Kollam is only 13 kms away from Chavara. Though this fact is disputed by the counsel for the petitioner, contending that Chavara is 38 kms away from Kollam, the fact remains that both the places are in the very same District and that there is no station change occuring consequent to the transfer. The petitioner is also a person who has been working in his present place of posting for four years and six months. In the above Wpc 890/2010 4 circumstances, I do not find any grounds to interfere with Ext.P2 order of transfer. This writ petition fails and the same is accordingly dismissed. No costs. K.SURENDRA MOHAN, JUDGE lgk