IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 WP(C).No. 32349 of 2011(P) --------------------------------------- PETITIONER(S): ------------------------- JAYAPRAKASAN.K., AGED 44 YEARS, S/O.KUNHIRAMAN, SECRETARY, MAVOOR GRAMA PANCHAYAT, MAVOOR, KOZHIKODE, PIN-673 104. BY ADV. SRI.R.SUDHISH SMT.M.MANJU SRI.K.R.RANJITH RESPONDENT(S): ---------------------------- 1. THE DIRECTOR OF PANCHAYAT, THIRUVANANTHAPURAM, PIN-690 033. 2. SADDIQUE MEHADOOM, SECRETARY, MUKKOM GRAMA PANCHAYAT, MUKKOM, KOZHIKODE-PIN- 673 601 R1 BY GOVERNMENT PLEADER SMT.V.H.JASMINE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.32349/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE TRANSFER ORDER DATED 3/8/2011 WITH RELEVANT PAGES. P2 COPY OF THE TRANSFER ORDER DATED 30/11/2011 WITH RELEVANT PAGES. P3 COPY OF THE OBJECTION DATED 1/12/2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 32349 OF 2011 ----------------------------------------------------------- Dated this the 3rd December, 2011. JUDGMENT The petitioner who is working as Special Grade Secretary in Mavoor Grama Panchayat has been transferred by Ext.P2 order dated 30-11-2011 to Koruvattoor Grama Panchayat. According to the petitioner, he was earlier working at Edappal and was transferred to Mavoor only in August 2011 as per Ext.P1 transfer order. He had remained hardly three months at Mavoor which was the place of his choice. According to the petitioner, having been subjected to general transfer as per Ext.P1, his present untimely transfer is without any justification whatsoever. The petitioner is a person who is residing at Kozhikode and therefore, the transfer to Koruvattoor could cause needless hardship and injustice to him. The petitioner has therefore submitted Ext.P3 representation to the first respondent. However, according to him, no orders have been passed on Ext.P3 till date. The petitioner also submits that he has not been relieved from his present posting at Mavoor and that the second respondent who has been posted in his place has also not joined duty. 2. I have heard the learned Govt. Pleader also. WPC 32349/2011 2 3. The reasons mentioned in Ext.P2 is 'administrative convenience'. The authorities certainly have the power to transfer on grounds of administrative convenience. But, however, wherever it is seen that there is some inconvenience, the authorities are also duty bound to consider such special circumstances and to order necessary modifications in the interests of particular employees. Since the petitioner has submitted his grievances to the first respondent before whom Ext.P3 is pending, it is sufficient that this writ petition is disposed of directing the said authority to consider Ext.P3 and to pass appropriate orders thereon. 4. This writ petition is accordingly disposed of directing the first respondent to consider the grievances of the petitioner set out in his representation evidenced herein by Ext.P3 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of three weeks from the date of receipt of a copy of this judgment. Until final orders are passed on Ext.P3, the petitioner shall be retained at his present place of posting. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 32349/2011 3 K. SURENDRA MOHAN Judge jj WPC 32349/2011 4