IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 19042 of 2008(P) ------------------------------------- PETITIONER : ------------------- K.V.SAMBADEVAN, ASST.CONSERVATOR OF FORESTS, RANNI BY ADV. SRI.N.SUGATHAN SMT.VARSHA BHASKAR SRI.S.PRASANTH (AYYAPPANKAVU) RESPONDENTS : ---------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT FOREST AND WILD LIFE DEPARTMENT SECRETARIAT, TRIVANDRUM-695001 2. THE CHIEF CONSERVATROR OF FORESTRS ADMINISTRATION, TRIVANDRUM 3. NEBU.K.A., PROMOTED AS ASST. CONSERVATOR OF FORESTS AND POSTED AT SOCIAL FORESTRY PATHANAMTHITTA 4. B.SHYAM, ASST.CONSERVATOR OF FORESTS SOCIAL FORESTRY, PATHANAMTHITTA BY ADVS. SRI.N.N.SUGUNAPALAN (SR.) - R4 SRI.S.SUJIN - R4 SRI.V.A.MUHAMMED - R3 SRI.K.E.HAMZA - R3 GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19042 of 2008(P) APPENDIX PETITONER'S EXHIBITS:- EXT.P1:- TRUE COPY OF REPRESENTATION DATED 07.02.2008 OF THE PETITIONER TO THE 2ND RESPONDENT EXT.P2:- TRUE COPY OF G.O.(RT) NO.263/2008/F&WLD DATED 21.05.2008 EXT.P3:- TRUE COPY OF REPORT OF TRANSFER OF CHARGE DATED 19.06.2008 OF THE PETITIONER EXT.P4:- TRUE COPY OF REPORT OF TRANSFER OF CHARGE DATED 20.06.2008 OF THE 4TH RESPONDENT EXT.P5:- TRUE COPY OF G.O.(RT) NO.322/08/F&WLD DATED 21.06.2008 RESPONDENTS EXHIBITS:- EXT.R3(A):- TRUE COPY OF THE G.O.(MS.) NO.35/2008/F&WLD OF THE GOVERNMENT EXT.R3(b):- TRUE COPY OF THE SUBMISSION OF THE 3RD REPONDENT -TRUE COPY- P.A. TO JUDGE pac V.GIRI,J. ------------------------- W.P ( C) No.19042 of 2008 -------------------------- Dated this the 10th July, 2008 J U D G M E N T Petitioner who is an Assistant Conservator of Forests is due to retire on 30.11.2008. He was posted in the Social Forestry Division in Pathanamthitta in June 2006 and he requested for a transfer to Ranni Division which has office at Ranni. By Exhibit P2 order dated 21.5.2008 petitioner was transferred to Ranni. Simultaneously the 4th respondent was transferred to Pathanamthitta Division which has office at Konni. Petitioner was relieved from Pathanamthitta on 19.6.2008 as evidenced by Exhibit P2 and joined the office at Ranni on the same day. Fourth respondent was relieved on 19.6.2008 and joined Pathanamthitta Division which has office at Konni on 20.6.2008. 2. By Exhibit P5 order dated 21.6.2008, 26 range officers were promoted as Asst. Conservator of Forests Third respondent is one among them. Third respondent W.P ( C) No.19042 of 2008 2 was therefore promoted. He was posted at Pathanamthitta Division. This resulted in the transfer of 4th respondent to Ranni and the displacement of the petitioner from Ranni to Punalur against an open vacancy. That has been challenged in this writ petition. 2. Counter affidavits have been filed by respondents 3 and 4. I heard learned counsel for the petitioner and learned Government Pleader and learned counsel for respondents 3 and 4. Petitioner was given a posting in Ranni on his request only on 19.6.2008 pursuant to Exhibit P2 order dated 21.5.2008. There is force in the submission made by the learned counsel for the petitioner that he should not have been displaced only for the purpose of accommodating a new promotee - the 3rd respondent who was promoted only as per Exhibit P4 order dated 20.6.2008. Government Pleader submits that the office at Divisional Forest Office in Punalur is an independent office and it requires the services of Senior Assistant Conservator of Forests like the petitioner to maintain the office. Therefore the transfer of the petitioner from Ranni W.P ( C) No.19042 of 2008 3 to Punalur is only on administrative exigencies. Taking note of the fact that petitioner was given a posting in the place of his choice in view of the impending retirement in November 2008, I think it is appropriate that petitioner may be retained for the time being. But if there are grave administrative exigencies which compells the Department to see that the services of Senior Asst. Conservator of Forests like the petitioner be made available at Punalur then it is open to the Government to pass an order. In the result, the writ petition is disposed of in the following terms. i) Petitioner shall be retained in Ranni pursuant to Exhibit P2 order till his retirement subject to the direction to be issued in para (ii) below. ii) If the Government feels that on administrative exigencies it is necessary to make available the services of a senior person like the petitioner in Punalur, it is open to them to pass an order with regard to the same within four weeks from today. Petitioner shall be heard before orders W.P ( C) No.19042 of 2008 4 are passed in this regard. Petitioner will abide by the same. iii) In view of the above, 4th respondent may be retained at Pathanamthitta Division at Konni and the 3rd respondent may be permitted to join at Punalur. These postings will be subject to the order that the Government may pass as directed in para (ii). of the above (V.GIRI, JUDGE) ma W.P ( C) No.19042 of 2008 5 W.P ( C) No.19042 of 2008 6