IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 16006 of 2009(U) -------------------------- PETITIONER(S): --------------- P.G.VARGHESEKUTTY, OFFICER-IN-CHARGE, KERALA STATE CO-OPERATIVE RUBBER MARKEING FEDERATION LTD., SALES BRANCH, KOLKATTA, RESIDING AT 10/2, ELLORA APARTMENTS, 2,GARISHAT ROAD (S), KOLKATTA, NOW RESIDING AT 287/3, UPEND BANERJI ROAD, KOLKATTA-60 BY ADV. SRI.SIJI ANTONY RESPONDENT(S): --------------- 1. THE KERALA STATE CO-OPERATIVE RUBBER MARKEING FEDERATION LTD.NO.4331, KOCHI-20, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE PRESIDENT, KERALA STATE CO-OPERATIVE RUBBER MARKETING FEDERATION LTD.NO.4331, KOCHI-20. 3. THE REGISTRAR, CO-OPERATIVE SOCIETIES GOVT OF KERALA, SECRETARIAT, TRIVANDRUM. MR.K.RAMAKUMAR, SC FOR R1 MR.K.C.SANTHOSHKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.16006 of 2009 --------------------------------- Dated, this the 10th day of June, 2009 J U D G M E N T The petitioner submits that he is an Assistant in the services of the 1st respondent, presently holding charge of the Calcutta branch. It is stated that by order dated 26/10/2008, he was transferred to Malappuram. That order was called in question before this Court by filing WP(C) No.18922/2008 and an interim order was passed permitting the petitioner to continue at the Calcutta branch till the end of March, 2009. On expiry of the aforesaid period, by Ext.P1 judgment dated 07/04/2009, the writ petition was closed as further orders were not necessary. 2. Subsequently, by Ext.P2 order dated 20/04/2009, the petitioner was transferred to a place called Melathur in Kerala State. According to the petitioner by Ext.P4 he sought reconsideration of the said order, on the ground that his children are studying in Calcutta and that his elder daughter is in the 12th standard and that any disturbance at this stage would affect her studies. Petitioner WP(C) No.16006/2009 -2- submits that without passing orders on Ext.P4, on the ground that he did not comply with the order of transfer, he was placed under suspension by Ext.P6. It is in these circumstances, the writ petition has been filed seeking cancellation of Exts.P2 & P6, reinstatement in service and for his continuance in Calcutta. 3. I heard the learned standing counsel for the 1st respondent also. 4. The petitioner has no case that he is holding a non- transferable post. In 2008 he was transferred and this Court only permitted the petitioner to continue in Calcutta till March, 2009. The period having thus expired, the respondents were at liberty to transfer the petitioner and therefore, Ext.P2 order cannot be faulted. Admittedly, Ext.P2 has not been complied with, and if so, prima facie, the respondents cannot be faulted for placing the petitioner under suspension, as according to the respondents, the petitioner has committed misconduct. Therefore, Exts.P2 & P6 cannot be interfered with by this Court. 5. Irrespective of all these, having regard to the fact that according to the petitioner by Ext.P4, he has sought reconsideration WP(C) No.16006/2009 -3- of Ext.P2, it is directed that the 1st respondent shall consider Ext.P4, if the same has been received and is pending. Orders thereon shall be passed as expeditiously as possible, at any rate, within three weeks of production of a copy of this judgment, along with a copy of this writ petition. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg