IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 WP(C).No. 18786 of 2010(W) -------------------------- PETITIONER(S): --------------- K.I.HASHIM, SENIOR FINANCE OFFICER, DIRECTORATE OF FISHERIES, VIKAS BHAVAN, THIRUVANANTHAPURAM. BY ADV. SRI.A.A.ABUL HASSAN RESPONDENT(S): --------------- 1. THE PRINCIPAL SECRETARY, FINANCE (ESTT.B) DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. S.SOMASEKHARAN NAIR, SENIOR FINANCE OFFICER, OFFICE OF THE CHIEF ENGINEER (I & A) PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM-695 001. GP SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18786 of 2010 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE LETTER GE/28/D/PENSION J 71 (IRRGN)333 DATED 1.3.10 ISSUED BY THE AG, KERALA EXT.P2- TRUE COPY OF THE ORDER IN G.O.(Rt) 3423/10/FIN DATED 17.4.10 ISSUED BY THE 1ST RESPONDENT EXT.P3- TRUE COPY OF THE REPRESENTATION DATED 23.4.10 TO THE 1ST RESPONDENT EXT.P4- TRUE COPY OF THE ORDER NO.G.O.(Rt) 4230/2010/FIN, DATED 22.5.2010 ISSUED BY THE 1ST RESPONDENT EXT.P5- TRUE COPY OF THE ORDER NO.G.O.(Rt) 4505/2010/FIN DATED 4.6.2010 ISSUED BY THE 1ST RESPONDENT (TRUE COPY) P.A. TO JUDGE ANTONY DOMINIC, J ------------------- W.P.(C).18786/2010 -------------------- Dated this the 24th day of June, 2010 JUDGMENT By Ext.P2 order issued by the 1st respondent, petitioner, who was the Senior Finance Officer in the office of the Chief Engineer, Irrigation and Administration, Thiruvananthapuram, was transferred and posted as Senior Finance Officer in the Directorate of Finance, Thiruvananthapuram. After joining the office, he submitted Ext.P3 to the 1st respondent requesting for a transfer back to the Chief Engineer's office, from where he was transferred. Considering the representation, Ext.P4 order was issued by the 1st respondent on 22.5.2010, mutually transferring the petitioner and the 2nd respondent. According to the petitioner, in pursuance to Ext.P4, he was relieved and took charge in the office of the Chief Engineer. It is stated that immediately thereafter on 4.6.2010, 1st respondent again issued Ext.P5 order again mutually transferring the petitioner and the 2nd respondent. It is challenging Ext.P5 the writ petition is filed. 2. Notice has been issued and has been served on the 2nd W.P.(C).18786/10 2 respondent by special messenger. But he has not cared to enter appearance or contest the case. 3. Admittedly it was on Ext.P3 representation made by the petitioner, Ext.P4 order was passed. This order was cancelled immediately by Ext.P5. Nothing is stated in Ext.P5 justifying the cancellation of Ext.P4. Further in the facts of the case, cancellation of Ext.P4, should not have been ordered without notice to the petitioner. In the circumstances, I find it difficult to sustain Ext.P5. Therefore, Ext.P5 will stand quashed and the 1st respondent is directed to permit the petitioner to continue in the office of the Chief Engineer, Irrigation and Administration, Thiruvananthapuram as Senior Finance Officer. 4. Petitioner shall produce a copy of this judgment before the 1st respondent who shall forthwith pass consequential orders. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs