IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 6531 of 2010(N) ------------------------- PETITIONER(S): ---------------------- A.CHANDRAN, FIREMAN DRIVER CUM PUMP OPERATOR, FIRE AND RESCUE STATION, NEYYATTINKARA. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): ----------------------- 1. COMMANDANT GENERAL, FIRE AND RESCUE SERVICES HEADQUARTERS, HOUSING BOARD JUNCTION, THIRUVANANTHAPURAM. 2. DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, THIRUVANANTHAPURAM. 3. THE STATION OFFICER, FIRE AND RESCUE SERVICES, NEYYATTINKARA. GOVERNMENT PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 6531 OF 2010 (N) ===================== Dated this the 18th day of May, 2010 J U D G M E N T Petitioner is a Fireman Driver cum Pump Operator. Initially, he joined at Kattapana falling within the Central Division. Subsequently based on Ext.P1, petitioner opted for allotment to Southern Division. Accordingly, he was allotted the Southern Division and on being posted, he joined at Neyyatinkara on 26/10/06. While continuing there, Ext.P2 order was issued transferring and posting the petitioner to Fire and Rescue Station, Thrikkarippur on public grounds. It is challenging Ext.P2 order, this writ petition is filed. The contention raised by the petitioner is that he opted for Southern Division based on Ext.P1 and once the option is accepted and allotment is made to a particular Division, transfer can be only within the Division and not outside. It is further clarified that such transfer outside the Division is permissible only in a case where there is insufficiency of posts within the Division to accomodate a person. It is stated that Ext.P2 shows that this was a case of regular transfer, and therefore, Ext.P2 is illegal. WPC No. 6531/10 :2 : 2. The stand taken by the respondents in the statement filed by them is that, Ext.P1 is applicable only for Fireman and not Drivers like the petitioner. It is contended that the petitioner holds a transferable post and hence Ext.P2 transfer is valid. 3. Having heard the submission made by the learned counsel for the petitioner and the learned Government Pleader, I am inclined to accept the case canvassed by the petitioner. This is primarily for the reason that the stand taken by the respondents is contradicted by Ext.P3 order issued by the Director General of Police, Commandant General, himself, as early as in 25/1/2002. Ext.P3 order says that for the purpose of allotment of Fireman Driver cum Pump Operators permanently to the three Divisions, the Headquarters had issued proceedings dated 8/1/2002. It is stated that it was on that basis that options were invited and allotments were made. Ext.P3 also says that Firemans' transfer and posting will depend upon the availability of vacancies and taking into consideration shortage of Fireman Driver cum Pump Operator in other two Divisions. Therefore except in the contingency contemplated in Ext.P3, once allotment is made to a particular Division, the allottee is entitled to be posted and WPC No. 6531/10 :3 : continue within the Division. If that be so, the transfer as ordered by Ext.P2 is against Exts.P1 and P3. For that reason, I am inclined to set aside Ext.P2. 4. Ext.P2 will therefore stand set aside. However, it is clarified that it will be open to the respondents to issue appropriate orders in the event the contingency as contemplated in Ext.P3 requiring transfer of Fireman Driver cum Pump Operator is available. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp