IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 373 of 2006(T) ------------------------------------- PETITIONER(S): ------------------------ D. SAMKUTTY, S/O. DASAYYAN, AGED 40 YEARS, WORKING AS DRIVER GRADE-II, KERALA STATE ROAD TRANSPORT CORPORATION, NEYYATTINKARA AND RESIDING AT MELEMANJAMKUZHI PUTHENVEEDU, AMARAVILA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENT(S): -------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, ''TRANSPORT BHAVAN'', FORT, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE EXECUTIVE DIRECTOR (A) & SECRETARY KERALA STATE ROAD TRANSPORT CORPORATION, ''TRANSPORT BHAVAN'', FORT, THIRUVANANTHAPURAM. 3. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, NEYYATTINKARA. R1 TO R3 BY ADV. MR.V.V. NANDAGOPAL NAMBIAR, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 373 of 2006(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ANNEXURE-V TRANSFER GUIDELINES 11. EXT.P2: COPY OF THE MEMORANDUM NO.PL3/5854/05/NTA DATED 23/08/2005 ISSUED BY THE ADMINISTRATIVE OFFICER, K.S.R.T. CORPORATION, NEYYATTINKARA. EXT.P3: COPY OF THE MEMORANDUM NO.PL3/9186/05/NTA DATED 28/11/2005 ISSUED BY THE DISTRICT TRANSPORT OFFICER, K.S.R.T. CORPORATION, NEYYATTINKARA. EXT.P4: COPY OF THE MEMORANDUM NO.PL13/001106/05 DATED 30/12/2005 ISSUED BY THE SECOND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.373 of 2006-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of March, 2011. JUDGMENT The petitioner herein is working as Driver Grade II in the Kerala State Road Transport Corporation. He is working in Neyyattinkara depot. The challenge is made against the order of transfer transferring him to Vithura. It is the case of the petitioner that the transfer is illegal and arbitrary. The petitioner has raised various allegations in the writ petition. 2. The respondents have filed a counter affidavit. Various reasons have been pointed out in support of the order of transfer. The petitioner has filed a reply affidavit also. 3. An interim order was passed by this Court in 5.1.2006 initially for 10 days which was extended until further orders. Therefore, the transfer order was not effected. Now five years have gone after the writ petition was filed. The petitioner is still continuing in Neyyattinkara. Due to efflux of time, this Court need not at this stage, consider the validity of the order of transfer. It is made clear that the requirement, if any, of the transfer of the petitioner will be considered in terms of the guidelines in the matter and wpc 373/2006 2 without prejudice to the contentions raised by the parties herein. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/