IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 25866 of 2011(G) --------------------------------------- PETITIONER(S): ------------------------ P.K.MURALEEDHARAN, DISTRICT SOIL CONSERVATION OFFICER, IDUKKI, MOOLAMATTOM P.O. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. 2. K.B.SUDHEER, DISTRICT SOIL CONSERVATION OFFICER, KOZHIKODE, PIN - 673 001. R1 BY SR GOVERNMENT PLEADER SRI.LIJU STEPHEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.25866/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE G.O.(RT)NO.1325/2010/AD DATED 21/7/2010. P2 COPY OF THE G.O.(RT)NO.1756/2011/AD DATED 26/9/2011. RESPONDENT'S EXHIBITS: R1(A) COPY OF THE RTC OF THE 2ND RESPONDENT. R1(B) COPY OF THE RTC OF THE PETITIONER. /TRUE COPY/ P.A.TO.JUDGE sts K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.25866 of 2011 --------------------------------------------- Dated this the 8th day of November 2011 JUDGMENT The petitioner, who was working as the District Soil Conservation Officer, Idukki, has been transferred as per Ext.P2 order and posted as the Assistant Director of Soil Conservation, Kabini Project, Vythiri. According to the petitioner, he is a member of the Scheduled Tribe and a native of Kottayam district. For the said reason, the petitioner claims that he is entitled to be retained in Idukki District itself, till a transfer is given to him to some place in his native district. It is also contended by the petitioner that he is entitled to continue in his present post for a period of five years and that he is liable to be replaced only by another person belonging to a Scheduled Tribe. 2. A counter affidavit has been filed on behalf of the first respondent. It is pointed out by the first respondent WPC No.25866/2011 2 that the petitioner is a person who has put in only three years' service in other districts, though he has a total service of 23 years. It is also stated in the counter affidavit that he has never requested for a transfer to Kottayam District. It is also contended that the petitioner has no right to continue in Idukki District. However, the counsel points out that his present transfer to Wayanad District causes a lot of disturbance to his domestic life and also disrupts his normal life. In view of the above, he requests for permission to seek a convenient posting, at the time of the next general transfer. 3. Having anxiously considered the rival contentions, I am of the opinion that the petitioner can be permitted to submit a proper request seeking transfer a convenient posting, at the time of the next general transfer. 4. In the above circumstances, this writ petition is disposed of permitting the petitioner to submit a proper request for a transfer to a convenient place, at the time of the next general transfer. If such a request is made, the WPC No.25866/2011 3 same shall be considered in accordance with law and in the light of the relevant government orders applicable to him and appropriate orders shall be passed thereon, as expeditiously as possible and at any rate before the next general transfer. Sd/- K.SURENDRA MOHAN, JUDGE css/ true copy P.S.TO JUDGE WPC No.25866/2011 4