IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 36197 of 2010(Y) ----------------------------------------- PETITIONER(S): ------------------------- Y.CHARLES, AGED 53 YEARS, S/O.LATE YOHANNAN, RESIDING AT PORT QUARTERS NO.C2,ASRAMAM, KOLLAM -2 WORKING AS PORT CONSERVATOR, VIZHINJAM ,TRANSFERRED TO PORT OFFICE,KANNUR. BY ADVS. SMT.A.G.ANEETHA, SMT.M.KABANI DINESH. RESPONDENT(S): ----------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF PORTS, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. DIRECTOR OF PORTS, KERALA, THIRUVANANTHAPURAM 695 001. 3. SMT. FRANCIS MARY' PORT CONSERVATOR, DIRECTOR OF PORTS, THIRUVANANTHAPURAM 695 001. R1 & R2 BY GOVERNMENT PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.36197/2010 Y APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER OF THE DIRECTOR OF PORTS DTD. 27/11/2010. P2: COPY OF GOVERNMENT ORDER DTD. 30/09/2010. P3: COPY OF THE GRADATION LIST OF U.D. CLERK DTD. 31/12/1997. RESPONDENT'S EXHIBITS: R1(A): COPY OF G.O. DTD. 30/09/2010. R1(B): COPY OF MEMO NO.1231/2010. R1(C): COPY OF FIR. /TRUE COPY/ P.S.TO JUDGE Kss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 36197 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 3rd day of March, 2011. J U D G M E N T While working as Port Conservator at Vizhinjam Port from 28.9.2010 onwards, the petitioner has been transferred to Kannur Port by Ext. P1 order dated 27.11.2010. Prior to coming to Vizhinjam, the petitioner had worked at Valiathura in the year 2006 and at the Directorate of Ports in 2008. He came to Vizhinjam from Vadakara Port where he was working, from 18.6.2010. The petitioner contends that because of these frequent transfers, the petitioner has been put to serious difficulties. The petitioner therefore seeks the following relief: “To issue a writ order or direction in the nature of certiorari to call for records pertaining to Ext. P1 order and to quash the same, as far as the petitioner is concerned.” 2. A counter affidavit has been filed on behalf of respondents 1 and 2 giving their reasons as to why the petitioner should be transferred immediately. The contention is that the transfer was in accordance with the Government Order dated 30.9.2010. I specifically asked the learned Government Pleader as to why the petitioner should be transferred in the middle of the year especially when the general transfers are round the corner, the learned Government Pleader could not give me a satisfactory answer. I am of opinion that even if the petitioner has to be transferred for any reason, there is no situation which warrants immediate transfer before the general transfers. One need not rack one's brains to perceive the difficulties of a person working at Vizhinjam if he is transferred to Kannur in the middle of the year. In the above circumstances, I am satisfied that the transfer of the petitioner can W.P(C) No. 36197 of 2010 -: 2 :- wait till the general transfers. 3. Accordingly, I direct that the petitioner be allowed to continue at Vizhinjam Port at least until the next general transfer, if necessary, by re-transferring the 3rd respondent. This shall be done within a week. Even during the general transfers, insofar as the petitioner came to Vizhinjam Port only on 28.9.2010, the same shall be strictly in accordance with the norms for transfers applicable. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.