IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 22992 of 2009(T) -------------------------- PETITIONER: ------------------ A.VAVAKUNJU STATION OFFICER, FIRE AND RESCUE STATION, KARUNAGAPPALLOY, KOLLAM. BY ADV. SRI.P.S.ABDUL KAREEM SRI.ABDUL HAFEELA.O. RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME (F) DEPARTMENT, GOVT.SECRETARIATE, THIRUVANANTHAPURAM. 2. COMMANDANT GENERAL, HEAD OFFICE FIRE AND RESCUE SERVICE, HOUSING BOARD JUNCTION, THIRUVANANTHAPURAM. 3. VIJI VISWANATH, STATION OFFICER, FIRE AND RESCUE STATION,ALAPPUZHA. BY SMT.ANU SIVARAMAN, SENIOR GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: app/- P.N. RAVINDRAN, J - - - - - - - - - - - - - - - - - - - W.P.(C). No.22992 of 2009. - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of August, 2009 J U D G M E N T Heard Sri.P.S.Abdul Kareem, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for respondents 1 and 2. In the nature of the order that I propose to pass, I do not deem it necessary to issue notice to or hear the third respondent. 2. The petitioner, who is presently working as Station Officer in the Fire and Rescue Station at Karunagappally is due to retire from service on 31.3.2010. By Ext.P1 order dated 1.8.2009 the petitioner was transferred to the Fire and Rescue Station at Kundara. The third respondent is the substitute appointed in the petitioner's place at Karunagappally. The third respondent was formerly working in the Fire and Rescue Station at Alappuzha. The petitioner challenges the order of transfer on the ground that it is issued in violation of the guidelines and that as he has only seven months to retire, the order of W.P.(C). No.22992 of 2009. 2 transfer is liable to be set aside. He submits that as per the guidelines governing transfer and posting of Government employees, employees who are due to retire from service within two years are entitled to be posted in a station of their choice. The petitioner also states that he is undergoing treatment in a local hospital and therefore, the transfer to Kundara will cause serious prejudice to him. 3. The pleadings disclose that Ext.P1 order of transfer has taken effect and that the petitioner has joined duty at Kundara. The third respondent has also joined duty at Karunagappally. I am therefore of the opinion that it would not be proper for this Court to interfere with the order of transfer at this stage especially for the reason that the only ground raised is that the guidelines have not been strictly followed. However, it does not mean that the petitioner's grievance if any should go unredressed. The petitioner will admittedly retire from service on 31.3.2010. As per the guidelines governing transfer and posting, Government employees who are retiring within two years W.P.(C). No.22992 of 2009. 3 can seek a posting either in their home district or in a station of their choice. I am therefore of the opinion that having regard to the said fact and also the ailment of the petitioner, his request for a posting in a station nearer to Chavara his home town should be considered. I accordingly dispose of the writ petition with the direction that in the event of the petitioner filing an appropriate representation before the Secretary to Government, Home Department, the Government shall consider the same and pass orders thereon within one month from the date of receipt of the representation. The Government shall while passing orders on petitioner's representation, take note of the fact that he is due to retire from service on 31.2.2010 and also suffers from heart ailment. P.N. RAVINDRAN, JUDGE. app/-