IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 20025 of 2011(C) -------------------------- PETITIONER(S): --------------- VIJAYAKUMAR.S., PEON, OFFICE OF THE DEPUTY COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM - 682 013. BY ADV. SRI.TOJAN J. VATHIKULAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF COMMERCIAL TAXES, THIRUVANANTHAPURAM -1. 2. THE JOINT COMMISSIONER -I, COMMERCIAL TAXES, THIRUVANANTHAPURAM - 1. 3. THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES, O/O DEPUTY COMMISSIONER, ERNAKULAM - 682 013. BY G.P.SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20025 of 2011(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: MEDICAL CERTIFICATE ISSUED IN RESPECT OF THE PETGITIONER'S MOTHER. EXT.P2: TRUE COPY OF THE ORDER BEARING NO.A2.222/2011/TD DATED 17.6.2011 OF THE 2ND RESPONDENT. EXT.P3: A TRUE COPY OF THE ABOVE REPRESENTATION DATED 18.6.2011 SUBMITTED BY THE PETITIONER. EXT.P4: TRUE COPY OF THE RECOMMENDATION LETTER NO.C2-11/2011 DATED 20.06.2011 OF THE 3RD RESPONDENT. EXT.P5: A TRUE COPY OF THE ORDER BEARING NO.A2.222/2011/TD DATED 25.6.2011, OF THE 2MD RESPONDENT. EXT.P6: A TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED TO THE PETITIONER DATED 8.1.2011. // TRUE COPY // TKS P.S. TO JUDGE C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.20025 of 2011 ---------------------------- Dated 22nd August, 2011 JUDGMENT The petitioner is working as Peon in the office of the Deputy Commissioner of Commercial Taxes, Ernakulam. This writ petition has been filed challenging Ext.P2 order whereby the petitioner was transferred from Ernakulam District to Palakkad District. The learned Government Pleader submits that the Government of Kerala have declared CT Check post, Walayar and other major CT Check posts in Palakkad District and other Districts as corruption free and as a part of the steps to make such check posts corruption free a decision was taken to effect transfer of persons from all other Districts as well to Palakkad District for a period of six months. It is with a view to ensure that nobody is permitted to work in a particular check post, continuously, for more than six months that such a decision was taken. It is further stated that though the said mission has been started in the year 2007 the petitioner was never posted to Palakkad District and hitherto, he had never worked in Palakkad or in any other check posts in other Districts. Persons like the petitioner belonging to Class IV category have already completed two or three turns in Palakkad. It is in the said circumstances that the petitioner was ordered to be transferred as per WP(C).No.20025/2011 2 Ext.P2. Thus, it is obvious that going by the aforesaid policy formed by the Government the petitioner may have to stay there only for a period of six months. In the said circumstances, I am not inclined to interfere with Ext.P2 order of transfer. However, considering the fact that he is a last grade employee recruited to Ernakulam District it will only be appropriate to transfer the petitioner back to Ernakulam District after the said tenure of six months. The writ petition is disposed of subject to the said observation. Sd/- C.T.RAVIKUMAR Judge TKS