IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 33205 of 2011(A) ---------------------------------- PETITIONER(S): ---------------------- M.A.PRADEEP KUMAR, S/O.APPU, AGED 49 YEARS, PREVENTIVE OFFICER, EXCISE CIRCLE OFFICE, VADANAPPALLY, THRISSUR DISTRICT (RESIDING AT MANANCHERY HOUSE, POST PULLUT, CHAPPARA, KODUNGALLUR, THRISSUR DISTRICT). BY ADVS. SRI. V.A. MUHAMMED SRI. M. SAJJAD RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, TAXES (F) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM-695 001. 3. THE DEPUTY COMMISSIONER OF EXCISE, THRISSUR DISTRICT-682 018. BY GOVT. PLEADER SRI. SAIJ RAJ T. K. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NS WP(C).No. 33205/2011 APPENDIX PETITIONER(S) EXHIBITS : EXT. P1 : COPY OF THE LETTER NO. XE9-5827/02 OF THE 2ND RESPONDENT ALONG WITH NORMS FOR TRANSFER. EXT. P2 : COPY OF THE LIST OF PREVENTIVE OFFICERS WHO ARE NOT UNDERGONE BOARD TURN DUTY. EXT. P3 : COPY OF THE ORDER NO. XD5-8378/11OF THE 2ND RESPONDENT. EXT. P3(A) : COPY OF THE ORDER NO. R-4095/2008 OF THE 3RD RESPONDENT. EXT. P4 : COPY OF THE APPEAL FILED BEFORE THE GOVERNMENT. EXT. P5 : COPY OF THE JUDGEMENT IN W.P.C. NO. 25774/ OF 2011-V. RESPONDENT(S) EXHIBITS : NIL / TRUE COPY / P.A. TO JUDGE NS K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 33205 OF 2011 ----------------------------------------------------------- Dated this the 13th December, 2011. JUDGMENT The petitioner is working as a Preventive Officer in the Excise Range Office, Excise Circle Office, Vadanappally, Thrissur district. He has filed this writ petition challenging Ext.P3 order by which he has been transferred and posted to the Excise Board Unit at Thrissur. The contention of the petitioner is that as per Ext.P1 norms for transfer applicable to the Excise Department, Officers are to be posted on rotation to the Board Unit, based on their seniority. 2. According to the petitioner, Ext.P2 is the list of Preventive Officers who have not undergone Board duty wherein he is serial No:13. Though his seniors are left undisturbed in the list, a junior like himself has been singled out for being posted for Board duty. The petitioner has therefore challenged his transfer by submitting Ext.P4 appeal to the first respondent. The petitioner seeks the issue of a direction for the consideration and disposal of Ext.P4. 3. I have heard the learned Govt. Pleader also. 4. Since Ext.P4 appeal is pending consideration of the first respondent, it is only appropriate that the same is directed to be WPC 33205/2011 2 considered and disposed of expeditiously. The petitioner also places reliance on Ext.P5 judgment in which similarly placed petitioners have been granted such an order. 5. This writ petition is accordingly disposed of directing the first respondent to consider the appeal filed by the petitioner, evidenced herein by Ext.P4 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate before relieving the petitioner from his present posting place, in implementation of Exts.P3 and P3(a) transfer orders. The petitioner shall also be heard before such an order is passed. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 33205/2011 3