IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRAMOHAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WP(C).No. 33044 of 2011(E) --------------------------------- PETITIONER(S): ---------------------- YOONUS.K.K., AGED 52,S/O.K.A.KUNJUMOHAMED, WORKING AS JT.BLOCK DEVELOPMENT OFFICER(RH), OFFICE OF THE VAZHOOR BLOCK PANCHAYAT, CHAMAMPATHAL.P.O.,KOTTAYAM DIST-686517(RESIDING AT KURUDAMPARAMBIL HOUSE,KOTTAPPURAM,ALANGAD.P.O. ERNAKULAM DISTRICT-683519). BY ADVS. SRI.TPM.IBRAHIM KHAN, SENIOR ADVOCATE SRI.K.M.ABDUL MAJEED RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, LOCAL SELF-GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. 2. THE COMMISSIONER, RURAL DEVELOPMENT DEPARTMENT, COMMISSIONERATE OF RURAL DEVELOPMENT L.M.S. COMPOUND THIRUVANANTHAPURAM-695001. 3. P.V. SURESH BABU, JOINT BLOCKDEVELOPMENT OFFICER, (EGS), OFFICE OF THE PARAVOORBLOCK PANCHAYAT, KAITHARAM.P.O., NORTH PARAVOOR, ERNAKULAM DISTRICT-683519. 4. V.A.ASOKAN, JOINT BLOCK DEVELOPMENT OFFICER, (RH), OFFICE OF THE VAZHAKKULAM BLOCK PANCHAYATH, SOUTH VAZHAKKULAM.P.O., ALUVA, ERNAKULAM DISTRICT-683105. 5. C.G. KAMALAKANTHA PAI, JOINT BLOCK DEVELOPMENT OFFICER,(EGS) OFFICE OF THE PARAKKADAVU BLOCK PANCHAYAT, KURUMASSERY.P.O., ERNAKULAM DISTRICT-683579. BY GOVT.PLEADER SHAIJ RAJ T.K THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MG WPC.NO.3304 APPENDIX P1:- PHOTOSTAT COIPY OF THE CIRCULAR NO.283/ESTT.B/3/2011/C.R.D DATED 6.1.2011 ISSUED BY THE SECOND RESPONDENT. P2:- A PHOTOSTAT COPY OF THE RELEVANT PAGE OF THE DRAFT LIST PUBLISHEDON 12.5.2011 FOR GENERAL TRANSFER 2011 BY THE 2ND RESPONDENT PROPOSING TO POST THE APPLICANT TO PARAKKADAVU. P3:- A PHOTOSTAT COPY OF THE GUIDELINES/NORMS ISSUED BY THE FIRST RESPONDENT VIDE G.O.(MS)NO.105/2007/LSGD DATED 4.4.2007. P3(A):-A PHTOSTAT COPY OF THE GUIDELINES/NORMS ISSUED BY THE IST RESPONDENT VIDE G.O(MS)NO.54/2008/LSGD DATED 3.3.2008. P4:-A PHOTOSTAT COPY OF THE ORDER NO.283/ESTT.B3/2011/CRD DATED 6.7.2011 ISSUED BY THE THE SECOND RESPONDENT. P5:-A PHOTOSTAT COPY OF THE COMPARATIVE TABLE SHOWING THE STATION SENIORITY OF THE APPLICANTS. P6:-A PHOTOSTAT COPY OF THE REPRESENTATION DATED 15.7.2011 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. P7:-A PHOTOSTAT COPY OF THE COVERING LETTER NO.D3/3014/2011 DATED 12.8.2011 ISSUED BY THE ASSISTANT DEVELOPMENT COMMISSIONER GENERAL),KOTTAYAM ALONG WITH THE APPEAL DATED 23.7.2011 SUBMITTED BY THE PETITIONER THROUGH PROPER CHANNEL. P8:-A PHOTOSTAT COPY OF THE LATEST TRANSFER ORDER NO.24702/ESTT.B3/2011/CRD DATED 18.11.2011 ISSUED BY THE IST RESPONDENT. MG K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.33044 of 2011 --------------------------------------------- Dated this the 12th day of December 2011 JUDGMENT The petitioner is working as a Joint Block Development Officer. He has a total service of 26 years. He has filed this writ petition being aggrieved by his transfer from Paravoor to Vazhoor in Kottayam District. According to the petitioner, his transfer is in gross violation of Ext.P3 guidelines for transfer and is intended only to favour respondents 3 to 5 by giving them a favourable posting. 2. According to the petitioner, he has already completed three years and seven months at Paravoor, while respondents 3 to 5 have only less than 10 months at their station. The petitioner had been granted a posting to the place of his choice by Ext.P2 draft order wherein his name figures as Sl.No.10. However, by Ext.P4, he has been transferred to Vazhoor in Kottayam District. The petitioner has obeyed the order of transfer and joined at WPC No.33044/2011 2 Vazhoor. He has also preferred Ext.P7 appeal which is pending consideration of the first respondent. However, he complains that no orders have been passed on his appeal, till date. The petitioner, therefore, seeks the issue of appropriate directions for the consideration and disposal of Ext.P7. 3. I have heard the learned Government Pleader also. 4. Since Ext.P7 appeal is pending consideration of the first respondent, it is only appropriate that the said authority considers the appeal in the first instance. 5. This writ petition is, accordingly, disposed of directing the first respondent to consider the appeal of the petitioner, evidenced herein by Ext.P7 in accordance with law and in accordance with Ext.P3 guidelines and to pass appropriate orders thereon, as expeditiously as possible and at any rate within one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner also. Sd/- K.SURENDRA MOHAN, JUDGE true copy css/ P.A.TO JUDGE