IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 WP(C).No. 18903 of 2007(A) --------------------------------------- PETITIONER(S): ----------------------- M. GIRIDHARAN, MANAGER, THIRUMATTAKODE DEVASWOM,PALAKKAD DISTRICT BY ADV. MR.MOHAN C.MENON RESPONDENT(S): ------------------------- 1. THE COMMISSIONER, HR & CE (ADMINISTRATION) DEPARTMENT, KOZHIKODE. 2. THE DEPUTY COMMISSIONER, HR & CE (ADMINISTRATION) DEPARTMENT, KOZHIKODE. 3. K.V. NARAYANAN, EXECUTIVE OFFICER, AZHAKODI DEVASWOM, KOZHIKODE. GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.18903/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE REPORT SUBMITTED BY PETITIONER SUBMITTED TO THE DEVASWOM AUTHORITIES ON 4.6.07. P2:- COPY OF THE APPLICATION EXPLAINING UNLAWFUL ACTIVITIES, SUBMITTED FOR THE CONSIDERATION OF DEVASWOM MINISTER DT. 21.2.07. P3:- COPY OF THE NORMS OF TRANSFER DT. 24.10.96 G.O. (RT) NO.3591/96/RD. P4:- COPY OF THE TRANSFER ORDER ISSUED BY THE 2ND RESPONDENT, WHICH WAS SERVED ON THE PETITIONER ON 15.5.07 . P5:- COPY OF THE PRESCRIPTION DT. 4.9.06 ISSUED BY DR.T.GOVINDAN UNNI, DEPARTMENT OF CARDIOLOGY, JUBILEE MISSION MEDICAL COLLEGE & RESEARCH INSTITUTE, TRISSUR. TRUE COPY P.S. TO JUDGE TSS T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.18903 of 2007-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of March, 2009. JUDGMENT The petitioner is working as Executive Officer of Thirumattakode Devaswom. He joined the present station on 10.7.2006. He is aggrieved by the order of transfer, Ext.P4 by which he has been transferred to Narayanapuram. According to the petitioner, he had been taking so many actions to evict the encroachers from the temple properties and to prevent corruption by various committees. Presumably because of the action taken by him, the disgruntled people have managed to transfer him to a place about 100 kms. away from the present station. 2. In the counter affidavit filed by the respondents, it is submitted that the second respondent is competent to effect transfers of Executive Officers. Various Executive Officers were transferred and posted in various temples as per Ext.P4 and in order to accommodate the transferred officers, the petitioner was also transferred, although he has not completed three years. It is further averred that it is only in the administrative exigencies, the petitioner was transferred. 3. The administrative exigencies as such is not explained in the wpc 18903/2007 2 counter affidavit. Going by the guidelines, the petitioner is entitled to be retained for a period of three years. He will be completing three years by June, 2009. This court had passed an interim order on 20.6.2007 staying the transfer and the petitioner has been continuing as such. On completion of three years only the question of tranferring the petitioner will arise. Therefore, he will be entitled to continue as such and the order of transfer Ext.P4 as regards the petitioner is set aside. 4. If the petitioner seeks for accommodation in any choice station, the same will be considered at the time of next general transfer. The writ petition is allowed as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/