IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WP(C).No. 1435 of 2009(U) ------------------------- PETITIONER(S): --------------- N.MANY, PART-TIME CONTINGENT EMPLOYEE (TAPAL), HEALTH WING, KOZHIKODE CORPORATION, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. KOZHIKODE CORPORATION, REP. BY ITS SECRETARY,KOZHIKODE. 2. THE HEALTH OFFICER, KOZHIKODE CORPORATION, KOZHIKODE. 3. THE CHAIRMAN, STANDING COMMITTEE FOR HEALTH AND EDUCATION, KOZHIKODE CORPORATION, KOZHIKODE. ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.1435 of 2009-N - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of February, 2009. JUDGMENT Aggrieved by the order of transfer, the petitioner has approached this court by filing this writ petition. He is working as a Part-time contingent employee under the first respondent Corporation. The petitioner has been transferred as Pump Operator of the 4th circle, Karaparamba from circle No.14 where he had been working. Ext.P1 is the said order of transfer. 2. The respondents have filed a statement as directed by this court. The two points raised by the petitioner in this writ petition are that the Health Officer is not competent to transfer him and that there are no administrative exigencies. It has been explained in para 3 of the statement that as provided under Sections 50(2) and 50(3) of the Kerala Municipality Act, the Secretary can delegate his powers to any officer under him. Accordingly, the Secretary has delegated his powers to the Health Officer by proceedings dated 11.8.2008. It is therefore submitted that there is no illegality in the transfer. The said contention is correct, in the light of the relevant provisions of the Act. Hence, the challenge against Ext.P1 on the ground of want of jurisdiction fails. WPC 1435/2009 2 3. Apart from that, he is only transferred within the limits of the Corporation, from one circle to another circle. There cannot be any legal grievance in these matters. It is only in view of the administrative exigencies. I am not satisfied that this is a fit case for interference. The writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) kav/