IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 15106 of 2009(G) -------------------------- PETITIONER: --------------- K.K.SIVAN, S/O.K.K.KOCHAL, REVENUE INSPECTOR , PONNANI MUNICIPALITY MALAPPURAM DISTRICT. BY ADV. SRI.CHERIAN VARGHESE RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF LOCAL ADMINISTARION GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR URBAN AFFAIRS DEPARTMENT VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. SRI.T.P.JENARDHANAN REVENUE INSPECTOR, KOCHI MUNICIPAL CORPORATION ERNAKULAM. BY SR.GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.15106 of 2009 -G ------------------------------ Dated this the 2nd day of June, 2009. J U D G M E N T Heard Sri.Cherian Varghese, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents. 2. The petitioner is presently working as Revenue Inspector in Ponnani Municipality. He was transferred to Ponnani Municipality on promotion to the category of Revenue Inspector by Ext.P7 order dated 1.11.2008. In this writ petition the petitioner challenges Ext.P10 order dated 23.5.2009 issued by the Director of Urban Affairs, transferring the third respondent from Iringalakkuda Municipality to Cochin Corporation. The petitioner contends that as a member of a Scheduled Caste community he was entitled to be preferred over the third respondent for a posting in Cochin Corporation. He relies on the stipulations in Exts.P3 and P5 Government orders in support of the said contention. 3. The petitioner concedes that the third respondent also belongs to a Scheduled Caste community. Therefore the third respondent is also entitled to the benefit of Exts.P3 and P5 Government orders. Ext.P10 order of transfer is one issued by the Director of Urban Affairs. Paragraph 29 of Ext.P5 Government order confers residuary W.P(C) No.15106 of 2009 -G 2 power on the State Government to order transfer in deviation of the guidelines. In my opinion if the petitioner is aggrieved by the transfer of third respondent to Cochin Corporation and his retention in Ponnani Municipality he should move the Government seeking redressal of his grievances. I accordingly dispose of this writ petition with the direction that in the event of the petitioner moving the State Government seeking transfer to a station of his choice, the Government shall consider the same and pass orders thereon having regard to the terms and stipulations in Exts.P3, P5 and other Government orders governing transfer and posting of Government employees. If the petitioner files a representation within two weeks from today, the Government shall consider the same and pass orders thereon within six weeks from the date on which such a representation is received by the Government. Sd/- P.N.RAVINDRAN JUDGE //True copy// PA to Judge ab