IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WP(C).No. 16491 of 2011(J) ----------------------------------------- PETITIONER(S): ------------------------ B.SASIKUMAR, U.D.CLERK, KOLLAM CORPORATION, KOLLAM. BY ADVS. SRI.ELVIN PETER P.J., SMT.POOJA SURENDRAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF URBAN AFFAIRS, URBAN AFFAIRS DIRECTORATE, THIRUVANANTHAPURAM. 3. THE SECRETARY, KOLLAM CORPORATION, KOLLAM. R1 & R2 BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR R3 BY ADV. SRI.M.K.CHANDRA MOHAN DAS,SC,KOLLAM CORPN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16491/2011 J APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DTD. 30/03/2011 ISSUED BY THE 2ND RESPONDENT. P2: COPY OF THE MARRIAGE CERTIFICATE OF THE PETITIONER. P3: COPY OF THE CERTIFICATE DTD. 17/06/2011 ISSUED BY THE ASST.ENGINEER, PWD BRIDGES SECTION. P4: COPY OF THE ORDER G.O. DTD. 1/04/1976 ISSUED BY THE GOVERNMENT. P5: COPY OF THE ORDER G.O. DTD. 4/1/2005 ISSUED BY THE GOVERNMENT. P6: COPY OF THE ORDER G.O. DTD. 4/12/2007 ISSUED BY THE GOVERNMENT. P7: COPY OF THE ORDER G.O. DTD. 29/08/2009 ISSUED BY THE GOVERNMENT. P8: COPY OF THE GUIDELINES FOR TRANSFER ISSUED BY THE GOVERNMENT AS PER G.O. DTD. 4/4/2007. P9: COPY OF THE RELEVANT EXTRACT OF THE ORDER DTD. 7/5/2011 ISSUED BY THE 2ND PUBLISHING THE DRAFT LIST. P10: COPY OF THE COMMUNICATION DTD. 10/05/2011 FORWARDING THE REPRESENTATION OF THE PETITIONER. P11: COPY OF THE REPRESENTATION DTD. 10/05/2011 FILED BY THE PETITIONER. P12: COPY OF THE ORDER DTD. 18/06/2011 ISSUED BY THE 2ND RESPONDENT. P13: COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.16491 of 2011 ---------------------------- Dated 7th July, 2011 JUDGMENT This writ petition has been filed challenging Ext.P12 order of transfer. While working as Lower Division Clerk the petitioner was promoted as Upper Division Clerk as per Ext.P1. On his promotion he was posted in the same station itself. Subsequently, the petitioner was transferred as per Ext.P12 order. The contention of the petitioner is that in view of paragraph 3(iii) of Ext.P6 Government order he is entitled to continue in the present station. Subsequent to the institution of this writ petition the petitioner has preferred an appeal against Ext.P12 order and the appeal has been produced in this writ petition as Ext.P13. Since the petitioner has already approached the Government through Ext.P13 appeal I do not think it necessary to consider the rival contentions in this writ petition. Therefore, this writ petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P13 appeal expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. It will be open to the petitioner to file an additional representation to supplement Ext.P13. When this matter came up for admission on 20.6.2011 this Court passed an interim order requiring to maintain the status quo and WP(C).No.16491/2011 2 on the strength of the said order the petitioner is continuing in the present station. In the said circumstances, it is ordered that till an order is passed on Ext.P13 appeal and communicated to the petitioner the petitioner shall be permitted to continue in the present station. Sd/- C.T.RAVIKUMAR Judge TKS