IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 17545 of 2009(K) -------------------------- PETITIONER(S): --------------- MURALEEDHARAN THAMPI, PERMANENT LABOURER, LIFE STOCK MANAGEMENT TRAINING CENTRE, TRIVANDRUM. BY ADV. SRI.V.S.BABU GIREESAN RESPONDENT(S): --------------- 1. SECRETARY TO GOVERNMENT, DEPARTMENT OF ANIMAL HUSBANDRY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, ANIMAL HUSBANDRY DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DISTRICT ANIMAL HUSBANDRY OFFICER, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 17545 OF 2009 -------------------------- Dated this the 12th day of August, 2009 J U D G M E N T Heard Sri. V.S. Babu Gireesan, the learned counsel appearing for the petitioner and Sri. P.Nandakumar, the learned Government Pleader appearing for the respondents. 2. The petitioner, a permanent labourer in the Life Stock Management Farm at Kudappanakunnu in Thiruvananthapuram District has filed this writ petition challenging Ext.P7 order dated 17.6.2009 transferring him to the Jersey Farm Extension Unit at Chettachal in Thiruvananthapuram District. The petitioner contends that the order of transfer is malafide and that there was no necessity to transfer him from Kudappanakunnu. He also submits that he has less than sixteen months of service left before retirement and as a low paid employee, the transfer from Kudappanakunnu to Chettachal, which is 40 Kms. away from his place of residence, will cause serious prejudice to him. 3. A statement has been filed on behalf of the second respondent justifying the petitioner’s transfer. It is stated that based W.P.(C) No. 17545/09 2 on a complaint filed against the petitioner by his co-workers, a preliminary enquiry was conducted by the Principal Training Officer who submitted Ext.R2(b) report recommending the petitioner’s transfer and it was based on the said report that Ext.P7 order was passed. 4. It is evident from the findings and observations in Ext.R2(b) report that petitioner’s continuance at Kudappanakunnu is not desirable in public interest. The petitioner cannot therefore, in my opinion, claim that he should be retained in Kudappanakunnu itself. However, as the petitioner is a low paid employee who is a resident of Vattiyoorkavu, his transfer to a station which is 40 Kms. away from his place of residence will cause serious prejudice to him. Further, the petitioner has only less than sixteen months of service left before retirement. In such circumstances, I am of the opinion that the respondents should consider whether he can be accommodated in a station nearer to his home town, other than Kudappanakunnu. I accordingly dispose of this writ petition with a direction that in the event of the petitioner filing an appropriate representation before the Director of Animal Husbandry, the Director of Animal Husbandry W.P.(C) No. 17545/09 3 shall consider the same sympathetically having regard to the fact that the petitioner is a low paid employee who is due to retire from service in another sixteen months and take a decision thereon within one month from the date on which such a representation is filed before him. The Director shall also afford the petitioner a reasonable opportunity of being heard before passing final orders as directed above. If the petitioner has any other grievance including the grievance that he has not been given grade promotions which he is entitled to, it is also a matter which the petitioner can separately agitate by filing a separate representation before the Director of Animal Husbandry. In the event of such a representation being filed, the Director of Animal Husbandry shall consider the same and take a decision thereon within four months from the date on which the petitioner moves the Director of Animal Husbandry. The writ petition is disposed of with the above directions. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 17545/09 4