IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN THURSDAY, THE 8TH DAY OF DECEMBER 2011/17TH AGRAHAYANA 1933 WPC.No. 31067 of 2011 (G) -------------------------------------- PETITIONER(S) --------------------- 1. C.M.MAHENDRAN,S/O.KUNHIRAMAN NAIR, AGED 55 YEARS, OMPRIYA POST MORAZHA, PALIYATHU VALAPP, KANNUR WORKING AS S.I OF POLICE(GRADE) SBCID, C.3417, SPECIAL BRANCH CRIME INVESTIGATION DEPARTMENT {SBCID}, KANNUR 2. K.P.SUKUMARAN, S/O.V.V.KRISHNAN NAIR AGED 55 YEARS, HOUSE NO.-15, POLICE NAGAR KIZHUTHALLY, POST THAZZHE CHOWVA, KANNUR WORKING AS S.I. OF POLICE (GRADE)C.3666, SPECIAL BRANCH CRIME INVESTIGATION DEPARTMENT (SBCID) SBCID, KANNUR BY ADVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT(S) ------------------------ 1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT HOME DEPARTMENT, SECRETARIAT TRIVANDRUM PIN 691 001 2 THE DIRECTOR GENERAL OF POLICE, (STATE POLICE CHIEF) POLICE DEPARTMENT OF KERALA SECRETARIAT, TRIVANDRUM, PIN 695 001 3 SUPERINTENDENT OF POLICE, SPECIAL BRANCH CID, KOZHIKODE RANGE, KOZHIKODE PIN 671 001 BY GOVT. PLEADER SRI.P.M.ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NK WPC.No. 31067 of 2011 (G) APPENDIX PETITIONERS' EXHIBITS P1 COPY OF THE DETAILS OF THE SERVICE ORDER ISSUED BY THE 3RD RESPONDENT DATED 10/05/2011 ISSUED BY THE 3RD RESPONDENT. P2 COPY OF THE TRANSFER ORDER NUMBER 1644/2011 DATED 11/11/11 ISSUED BY THE 1ST RESPONDENT. P3 COPY OF THE G.O.(P) 13/00 DATED 27/04/2000 ISSUED BY THE GOVERNMENT OF KERALA. P4 COPY OF THE G.O.(P) 12/2004 DATED 10/09/2004 ISSUED BY THE GOVERNMENT OF KERALA. RESPONDENTS' EXHIBITS: NIL PETITIONERS' ANNEXURES: NIL RESPONDENTS' ANNEXURES: ANNEX. R3(a) COPY OF THE DGO.NO.1644 DATED 11.11.2011 ANNEX.R3(b) COPY OF THE NOMINAL ROLL OF LONGEST SERVING POLICE PERSONNEL WORKING IN SBCID, KANNUR DETACHMENT. // TRUE COPY// P.A.TO JUDGE NK K.SURENDRA MOHAN, J = = = = = = = = = = = = = WP(C).No.31067 of 2011-G. = = = = = = = = = = = = = Dated this the 8th December, 2011. J U D G M E N T The petitioners are working as Sub Inspectors of Police (Grade). They are now posted with the Special Branch Crime Investigations Department, Kannur Unit ('SBCID' for short). The petitioners had joined service on 6.6.1977 and are due to retire on 30.3.2012 on attaining superannuation. While so, as per Ext.P2 transfer order issued by the second respondent 12 police personnel have been transferred to the SBCID Unit, Kannur. It has been directed by Ext.P2 that all the persons so transferred should be accommodated in the SBCID Unit, if necessary by repatriating the longest serving personnel to their respective parent units. The petitioners have filed this writ petition apprehending that they would be transferred, they being the longest serving persons at the Unit. WP(C).No.31067/2011-G. 2 2. According to the counsel for the petitioners, since the petitioners are due to retire on 30.3.2012, clause 13 of the guidelines requires that they should be retained at the stations of their choice. According to the counsel, the pension papers of the petitioners have already been submitted and any transfer at the present stage would cause serious prejudice and hardship to the petitioners in the sanction and disbursement of their pension. Therefore, they seek the issue of appropriate directions for retaining them at their present posting places. 3. A statement has been filed by the third respondent. It is admitted that both the petitioners are due to retire on 31.3.2012. However, it is also pointed out that they are persons who have been serving at the Unit for the longest period. Since there is a direction in Ext.P2 to accommodate the persons transferred as per the said order by moving out the longest serving personnel, it is submitted that the petitioners are included in the list of persons as WP(C).No.31067/2011-G. 3 Sl.Nos.1 and 10. 4. I have considered the rival contentions anxiously. Since it is not in dispute that the petitioners are due to retire on 31.3.2012, they are certainly entitled to be retained at their present places of posting as per Ext.P4 guidelines. While identifying the personnel who are required to be transferred from the SBCID Unit, Kannur, the respondents would certainly have to take care of the interests of the persons who are due to retire on 31.3.2012 also. Since such persons are entitled to be left undisturbed, in view of Ext.P4 transfer guidelines, without observing the said mandate, the transfer cannot be effected. It is therefore incumbent upon the respondents to identify such persons who are not facing retirement, for the purpose of transfer while accommodating the persons who are transferred by Ext.P2. In view of the above, it is held that the proposal to transfer the petitioners is without any justification. Therefore, the petitioners are entitled to succeed. WP(C).No.31067/2011-G. 4 5. In the result, there shall be a direction to the respondents not to transfer the petitioners from the SBCID Unit, Kannur to any other place, till their retirement, in implementation of Ext.P2 order of transfer. Writ petition is allowed as above. K.SURENDRA MOHAN, (Judge) Kvs/-