IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 28840 of 2011(D) -------------------------- PETITIONER(S): --------------- DESMON JOSE, AGED 38 YEARS, S/O.JOSEPH, PUTHANPURAKKAL HOUSE, KANCHIYAR P.O., KANCHIYAR, IDUKKI DISTRICT, PIN 685511. BY ADV. SRI.P.P.BIJU RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY THE PRINCIPAL SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DEPUTY DIRECTOR OF PANCHAYAT, THODUPUZHA, IDUKKI DISTRICT, PIN 685585. 3. THE SECRETARY, KANCHIYAR GRAMA PANCHAYATH, KANCHIYAR P.O., IDUKKI DISTRICT, PIN 685 511. GOVERNMENT PLEADER SRI.R.M.ABDUL KHADER FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 28840 OF 2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1. TRUE COPY OF THE ORDER DATED 12.05.2011 ISSUED BY THE 2ND RESPONDENT. EXHIBIT-P2. TRUE COPY OF THE ORDER DATED 09.08.2011 ISSUED BY THE 2ND RESPONDENT. EXHIBIT-P3. TRUE COPY OF THE ORDER DATED 7.10.2011 ISSUED BY THE 2ND RESPONDENT. EXHIBIT-P4. TRUE COPY OF THE ORDER DATED 21.10.2011 ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS NIL [true copy] P.S.TO JUDGE K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO:28840 OF 2011 ----------------------------------------------------------- Dated this the 30th November, 2011. JUDGMENT The petitioner who is working as a Last Grade Servant under the third respondent Panchayat has filed this writ petition challenging Ext.P4 by which he has been transferred from his present place of posting to the Nedumkandam Grama Panchayat. According to the petitioner, he was transferred to his present place of posting only as per Ext.P3 dated 7-10-2011. Further, Ext.P4 is in violation of the transfer guidelines and is liable to be set aside. 2. A counter affidavit has been filed by the second respondent. According to the second respondent, the petitioner was transferred on his request from Kanchiyar Grama Panchayat to Ayyappan Kovil Grama Panchayat on 12-5-2011 by the general transfer order Ext.P1. However, on 21-7-2011 for the purpose of accommodating a physically handicapped person who is not in a condition to travel and work in a distant Panchayat the petitioner was shifted from Ayyappan Kovil Grama Panchayat to Nedumkandam Grama Panchayat. Later on, when a vacancy arose in Ayyappan Kovil Grama Panchayat, the petitioner was WPC 28840/2011 2 accommodated by shifting him from Nedumkandam Grama Panchayat. 3. In the above circumstances a vacancy arose in Kanchiyar Grama Panchayat and the petitioner requested for a posting to the said vacancy. His request was considered and was granted. However, the President of the Panchayat requested to cancel the transfer of the petitioner since the services of the petitioner in the said Panchayat on the previous occasion that he was posted there, was not satisfactory. Therefore, on a consideration of the said request, the petitioner's transfer to Kanchiyar Grama Panchayat was cancelled and he was ordered to be retained at Nedumkandam Grama Panchayat. For the above reason, it is pointed out by the counsel that, the petitioner has been retained at Nedumkandam only on administrative exigencies. 4. I have considered the rival contentions anxiously. The objection of the petitioner to a posting at Nedumkandam is that the same is 40 kms. away from his residence and that he would have to travel a long distance every day to attend to his duties. Transfer being an inevitable incident of service, no employee can complain of his transfer. Transfers can be interfered with only in cases where the same is vitiated by extraneous consideration or malafides. In WPC 28840/2011 3 the present case, there are no substantiated allegations of malafides. The explanation contained in the counter affidavit of the second respondent for the transfer of the petitioner cannot be dismissed as per se unsustainable. It is also not in the interests of the petitioner to work under a President who is entertaining a hostile animus towards him. Therefore his insistence on being posted to Kanchiyar Grama Panchayat in spite of the objections of the President cannot be countenanced. 5. For the above reasons I do not find any grounds to interfere with the impugned order of transfer. However, as rightly pointed out by the counsel for the petitioner, the petitioner being a last grade employee, it would be very difficult for him to absorb the expenses of working at a distant place. It is for the authorities to consider the individual grievances of its employees and to pass appropriate orders to redress such grievances. I am sure that the second respondent would consider the grievances of the petitioner if a proper representation is made requesting for a convenient posting. 6. For the foregoing reasons I do not find any grounds to interfere with the impugned order of transfer, Ext.P4. This writ petition is therefore dismissed. However, if the petitioner submits WPC 28840/2011 4 a proper representation to the second respondent seeking a convenient posting, the same shall be considered and appropriate orders passed thereon by the second respondent expeditiously. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge