IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WP(C).No. 33816 of 2008(A) -------------------------- PETITIONER(S): --------------- P.N.JAYAN, LOWER DIVISION CLERK/BILL COLLECTOR, TRIPUNITHURA MUNICIPALITY, TRIPUNITHURA. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENTS: --------------- 1. STATE OF KERALA, SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF URBAN AFFAIRS,TRIVANDRUM 3. TRIPUNITHURA MUNICIPALITY, TRIPUNITHURA, REPRESENTED BY ITS SECRETARY. BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.33816 of 2008 -------------------------- Dated this the 12th January,2009 J U D G M E N T The petitioner is aggrieved by Exhibit-P1 order of transfer, transferring him from Tripunithura Municipality to Perinthalmanna Municpality. When the matter came up for hearing on 17.11.2008, this Court directed the respondents to maintain the status quo as on that date as regards the petitioner. The said interim order was stands extended from time to time. 2. Second respondent has filed a statement wherein reasons have been pointed out as to why the petitioner has been transferred out. The petitioner was working as a Clerk and according to the 2nd respondent there was laxity on his part in the functioning of section and he absented himself from duty without even informing the authorities. This resulted in upsetting the routine functions of the Municipality. The order of transfer is justified further by stating that because of the W.P ( C) No.33816 of 2008 2 real trouble faced by the office with regard to the collection of professional tax and other duties that were entrusted to him, they were compelled to transfer the petitioner. 3. In the reply affidavit filed by the petitioner, he has denied the same. According to him, he was under treatment from 12.1.2008 to 14.3.2008 in Charis Hospital, Muvattupuzha. The allegation against him is that he violated the official discipline. Exhibit-P1 is only an order of transfer issued by the authority concerned. The main grievance raised by the petitioner is that his predecessor in office had not maintained the registers properly and now he is found fault for not maintaining the registers properly. Therefore, his transfer to a distant station like Perinthalmanna has to be considered. 4. This Court sitting in this jurisdiction will not be able to decide the disputed questions of fact concerning these issues. The petitioner may file a representation to invite the attention of the Government in the matter or the authority which has issued Exhibit-P1. If the petitioner files such a representation, within two weeks from today, W.P ( C) No.33816 of 2008 3 the same will be considered by the 2nd respondent or by the concerned authority and appropriate action be taken thereon, in accordance with law. It is pointed out that the petitioner is completing three years in Thripunithura Municipality by the end of February, 2009 and at the time of general transfer he may be considered for a suitable posting. Petitioner can raise this aspect also before the 2nd respondent in the representation. If such a representation is filed, 2nd respondent will consider and pass orders thereon within a period of six weeks from today. Order of status quo will continue till the end of first week of March 2009. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.33816 of 2008 4 W.P ( C) No.33816 of 2008 5