IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 WA.No. 1236 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.15899/2008 Dated 30/05/2008 .................... APPELLANT: PETITIONER IN WP(C): ------------------------------------------------------- S.ANSALAM,S/O. S.SAMUEL, AGED 48 YEARS, SPECIAL ASSISTANT, K.S.R.T.C,PATHANAMTHITTA (UNDER TRANSFER) AND RESIDING AT PRANAVAM, ELAMANNOOR, ADOOR TALUK, PATHANAMTHITTA. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANHAPURAM, REP. BY ITS MANAGING DIRECTOR. 2. THE ASSISTANT TRANSPORT OFFICER, KSRTC, PATHANAMTHITTA. 3. THE ASSISTANT TRANSPORT OFFICER, KSRTC, MALAPPURAM. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. - R1 TO 3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss, J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.A.No.1236 OF 2008 ------------------------------------- Dated 16th June, 2008 JUDGMENT Koshy,J . Appellant/petitioner was working as Special Assistant under the second respondent, A.T.O., KSRTC, Pathanamthitta. He is a handicapped person as can be seen from Ext.P1. He was transferred from Pathanamthitta to Malappuram. He filed Ext.P5 representation stating that if he is transferred and relieved in the forenoon of 24.05.2008, there will be difficulty in drawing his salary for the month of May, 2008 and, therefore, he may be relieved with effect from the afternoon of 31.05.2008. Since that was not allowed, he approached this court. He also questioned the transfer itself. Learned Judge noticed that transfer was effected due to administrative reasons. He had been suspended earlier for four times and censure was also ordered. However, considering Ext.P5 request directed that relieving order should be with effect from the afternoon of 31.5.2008. Secondly, he gave Annexure-1 representation to issue relieving order with effect from the afternoon of 31.5.2008 and to give salary for the month of May. In fact, Annxure II shows that, that was complied with and earlier order was modified and he was relieved from his duties only with effect from W.A.1236/2008 2 31/05/2008 AN. Therefore, petitioner's request was already granted. In these circumstances, we see no ground to interfere in the judgment. Appellant should be given salary for the month of May,2008. The appeal is dismissed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks