IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 18745 of 2011(P) -------------------------------------- PETITIONER(S): ----------------------- M.A.THOMAS, AGED 54, S/O.AUGUSTI MANAYANIKAL, MANAYANIKAL HOUSE, PLASANAL P.O., KOTTAYAM DISTRICT, JUNIOR BLOCK DEVELOPMENT OFFICER, KATTAPPANA. BY ADVS. SRI.BENHUR JOSEPH MANAYANI SRI.JEEVAN MATHEW MANAYANI RESPONDENT(S): ---------------------------- 1. COMMISSIONER OF RURAL DEVELOPMENT, L.M.S.COMPOUND, THIRUVANANTHAPURAM-695001. 2. STATE OF KERALA, REP. BY ITS SECRETARY TO LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. *3. K.P.SHAMSUDHEEN, JBDOPEGS (JUNIOR BLOCK DEVELOPMENT OFFICER EMPLOYMENT GUARANTEE SCHEME), VAZHOOR-686504. *(CORRECTED) * K.P.SHAMSUDEEN, JOINT BLOCK DEVELOPMENT OFFICER EGS (JUNIOR BDO EMPLOYMENT GUARANTEE SCHEME) ERATTUPETTA. *CORRECTED AS PER ORDER DTD. 13.7.2011 IN IA. NO.11287/2011. R1 & R2 BY GOVT. PLEADER SMT.SMITHA SUKUMAR R3 BY ADVS. SRI.SHAJI THOMAS, SRI.T.V.VINU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.18745/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE JUDGMENT IN WPC.19880/2010 DTD. 25.6.2010. P2:- COPY OF THE JUDGMENT IN CONTEMPT COURT (C) 11101 OF 2010 OF THIS HONOURABLE COURT. P3:- COPY OF THE ORDER OF THE FIRST RESPONDENT. P4:- COPY OF THE DRAFT LIST PREPARED BY THE FIRST RESPONDENT. P5:- COPY OF THE FINAL TRANSFER LIST PREPARED BY THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS R3(a):- COPY OF THE RATION CARD SHOWING THE NAME OF 3RD RESPONDENT'S MOTHER WHO IS DEPENDING AND RESIDING ALONG WITH 3RD RESPONDENT. TRUE COPY P.A. TO JUDGE tss C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 18745 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2011 J U D G M E N T The petitioner who is working as Junior Block Development Officer under the Rural Development Department filed this writ petition on being aggrieved by Ext.P5 order of transfer. Prior to the general transfer the petitioner has submitted an application for transfer to Erattupetta. The said application was considered and his name was included in Ext.P4 draft list for transfer and the proposal was to post him at Erattupetta. Obviously, the name of the 3rd respondent was not included therein. However, to his dismay and dejection, when the final list was published as per Ext.P5 the 3rd respondent was given transfer to Erattupetta. It is in the said circumstances that this writ petition has been filed. 2. Obviously, the petitioner assails Ext.P5 mainly on two grounds. Firstly, it is contended that the 3rd respondent was not at all included in Ext.P4 list and at the same time the petitioner was included therein. Ext.P4 would reveal that he WPC.18745/2011 : 2 : was included in the Q list. However, when the said list was finalised the provisional decision was altered without any reason or justification. Secondly it is contended that since he is highly left with less than 8 months to retire from the service, he is entitled to get a posting in the place of his choice. In fact, a perusal of Ext.P4 would undoubtedly reveal that the said entitlement was virtually recognised by the respondents. In Ext.P4 the ground for proposed transfer of the petitioner to Erattupetta was shown as 'One year to retirement'. In short, the contention is that there is absolutely no justification in not acting upon Ext.P4 and for altering the proposal made as per Ext.P4. 3. A counter affidavit has been filed by the 3rd respondent in this writ petition. The fact that he was included in Ext.P4 draft list is not disputed. That apart, he did not raise any contention that he was having a better claim. At the same time, in paragraph 4 of the counter affidavit filed by the 3rd respondent, it is stated that one Kunjumon who was included in both Exts.P4 and P5 lists is presently occupying the post of Joint BDO at Erattupetta and he is desirous to move out of WPC.18745/2011 : 3 : Erattupetta. Therefore, if a suitable posting given to him without disturbing the 3rd respondent, the request of the petitioner could be granted. 4. When this matter is came up for admission, this Court passed an interim order directing that the 3rd respondent shall not be permitted to join at Erattupetta based on Ext.P5 order. However, it is the admitted position that prior to the issuance of the said order the 3rd respondent had joined at Erattupetta pursuant to Ext.P5 order. In the said circumstances, I am of the view that the claims and contentions require a serious consideration at the hands of the first respondent. To enable the first respondent to make such a consideration the petitioner may file a representation raising all the claims, contentions and also grievances against Ext.P5 within ten days from the date of receipt of copy of this judgment. The first respondent shall also look into the issue as to how the 3rd respondent who was not at all in the Q list for transfer to Erattupetta was subsequently given transfer ignoring proposal in Ext.P4. It will also be open to the first respondent to look into the feasibility to effect transfer of WPC.18745/2011 : 4 : Sri. Kunjumon in case it is agreeable for him and to issue suitable posting to the petitioner without disturbing the 3rd respondent. The first respondent shall consider the same within one month from the date of receipt of such a representation with notice to the 3rd respondent and also Sri.Kunjumon whose name has been referred to in paragraph 4 of the counter affidavit filed by the 3rd respondent. This writ petition is disposed of accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge