IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 WP(C).No. 14115 of 2010(L) -------------------------- PETITIONER(S): ------------------------ K.PRAKASAN,SENIOR ASSISTANT, SWC,NILESWAR,KASARAGOD DISTRICT. BY ADV. SRI.D.SREEKUMAR RESPONDENT(S): ----------------------- 1. THE KERALA STATE WARE HOUSING CORPORATION,HEAD OFFICE,WARE HOUSING CORPORATION ROAD,ERNAKULAM REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE MANAGING DIRECTOR,KERALA STATE WARE HOUSING CORPORATION,HEAD OFFICE,WARE HOUSING CORPORATION ROAD,ERNAKULAM. 3. A.RAJENDRA PANICKER,EXECUTIVE ENGINEER, HOLDING CHARGE OF MANAGING DIRECTOR,HEAD OFFICE, ERNAKULAM. ADV. SRI.MAJNU KOMATH, SC, K.S.W.C. FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.14115/10 APPENDIX PETITIONER'S EXHIBITS EXT.P1: A TRUE COPY OF THE ORDER DT 16.10.2009 TRANSFERRING THE PETITIONER TO NEELESWAR. EXT.P2: TRUE COPY OF THE TRANSFER ORDER DT 22.4.2010 EXT.P3: A TRUE COPY OF THE REPRESENTATION DT 22.6.2010 SUBMITTED BY THE PETITIONER. EXTS. OF R1 EXT.R1(A): TRUE COPY OF RELEVANT PORTION OF THE STAFF REGULATION, 1963. EXT.R1(B): TRUE COPY OF THE PROCEEDINGS NO.KSWC/EST/PROMOTION/SA/2009-10 DT 23.3.2010. EXT.R1(C): TRUE COPY OF THE CIRCULAR NO.KSWC/EST/TRANSFER NORMS/90-91 DT 25.2.1991. EXT.R1(D): TRUE COPY OF THE PROCEEDIGNS NO.KSWC/ADMN/DA 91/AMU/2010-11 DT 16.4.2010. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 14115 OF 2010 (l) ===================== Dated this the 1st day of July, 2010 J U D G M E N T Petitioner was an Assistant working at the State Warehousing Corporation, Kasaragod. On a working arrangement basis, by Ext.P1 order, he was posted at Nileswar. While so, by Ext.R1(B) order dated 20/3/2010, he was temporarily promoted as Senior Assistant. Subsequently, by Ext.P2 order dated 22/4/2010, petitioner was transferred and posted to State Warehousing Corporation, Iritty. It is challenging this order, this writ petition has been filed and by order dated 30/4/2010, this Court granted a stay of the transfer, which order remains in force. 2. Although it is the case of the petitioner that the transfer is vitiated for malafides, in the counter affidavit filed by the 1st respondent, the transfer is justified on grounds of administrative exigencies. Thus, there is allegation of malafides on the part of the petitioner, which has been denied by the 3rd respondent. 3. It is now reported by both sides that the 3rd respondent is no longer in office and that the post of Managing Director of the 1st respondent Corporation is now held by another officer. WPC No. 14115/10 :2 : According to the petitioner, complaining of Ext.P2 order of transfer, he has made Ext.P3 representation to the Managing Director, although counsel for the respondents submitted that the representation has not been received so far. 4. Having regard to the fact that person holding the office of Managing Director has changed and since there are allegations of malafides against the 3rd respondent and as the petitioner has produced a copy of Ext.P3 representation before this Court, it is only appropriate that the 1st respondent should consider the said representation and pass orders thereon. 5. Therefore, the writ petition is disposed of with the following directions:- (1) That the 1st respondent should consider Ext.P3 produced by the petitioner along with his reply affidavit dated 23rd of June 2010 and orders thereon shall be passed as expeditiously as possible, at any rate within three weeks from today. (2) In the meanwhile, it is ordered that the order of stay passed by this Court on 30/4/10, and extended thereafter, will remain in force. ANTONY DOMINIC, JUDGE Rp