IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 WA.No. 748 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.12339/2010 Dated 08/04/2010 .................... APPELLANT(S): PETITIONER IN WP(C) --------------------------------- K.C.BENNY S/O.K.S.CHACKO, U.D.CLERK, GOVERNMENT PRESS, KAKKANAD, ERNAKULAM. RESIDING AT KAKKALAMPARAMBIL HOUSE, PULIKKAMALI P.O.,MULAMTHURUTHY.PIN-682314. BY ADV. SRI.C.S.AJITH PRAKASH SRI.T.D.SALIM SRI.C.S.YESUDAS RESPONDENT(S): --------------- 1. DIRECTOR OF PRINTING CENTRAL PRESS, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT,SECRETARIAT, THIRUVANTHAPURAM. 3. DEPUTY SUPERINTENDENT, GOVERNMENT PRESS, KAKKANAD,ERNAKULAM. 4. M.G.SAJIKUMAR, U D CLERK, DISTRICT FORMS OFFICE, KAKKANAD, ERNAKULAM. 5. K.S.MOHANDAS, U.D.CLERK, GOVERNMENT PRESS, VAZHOOR, KOTTAYAM. BY G.P. SRI.NANDAKUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN & K.SURENDRA MOHAN, JJ. ------------------------ W.A.No. 748 OF 2010 ------------------------ Dated this the 23rd day of April, 2010 JUDGMENT Ravindran,J. The appellant is the petitioner in W.P.(C) No.12339 of 2010. The brief facts of the case are as follows; 2. The appellant filed the writ petition challenging Ext.P1 order dated 30/3/2010 transferring him from the Government Press, Kakkanad to Government Press, Vazhoor. The 5th respondent is the substitute appointed in the appellant's place. The fact that the appellant has completed three years at Ernakulam and is due for transfer is not in dispute. He challenges the order of transfer mainly on the ground that the 4th respondent, who completed longer service in Ernakulam district and is his junior, ought to have been transferred out to accommodate the 5th respondent. The learned single Judge, who heard the writ petition, was not inclined to entertain the writ petition. However, taking note of the fact that the appellant has filed Ext.P3 representation before the Director of Printing W.A No. 748/2010 -2- seeking retention in Ernakulam district, the learned single Judge disposed of the writ petition with a direction to the Director of Printing to consider the said representation and take a decision thereon. The learned single Judge also clarified that if the 5th respondent has not been relieved, the appellant and the 5th respondent shall not be relieved from their respective stations till a decision is taken on Ext.P3. The appllant has aggrieved thereby, filed this writ petition. 3. We heard the learned counsel for the appellant. After going through the pleadings and hearing the submissions made at the Bar, we are of the opinion that no ground has been made out warranting interference with the decision of the learned single Judge. The appellant, who has completed three years in Ernakulam, cannot take the stand as he is not liable to be transferred out. Even in Ext.P3 his only request is that he should be retained in Ernakulam district by transferring out persons with longer service in Ernakulam. The transferring authority, according to us, is the best judge of the situation and this Court exercising jurisdiction under Article 226 of the Constitution of India cannot assess the administrative niceties W.A No. 748/2010 -3- and exigencies of the situation and substitute its decision in the place of the decision of the transferring authority. In such circumstances, we are of the opinion that the decision of the learned single Judge does not merit any interference. The writ appeal fails and is accordingly dismissed. We however notice that the learned single Judge has not fixed any time limit within which the Director has to pass orders on Ext.P3. Therefore, even while dismissing the writ appeal, we direct the first respondent to pass final orders on Ext.P3 representation after affording the petitioner and the 5th respondent a reasonable opportunity of being heard expeditiously and in any event, within one month from today. P.N.RAVINDRAN, JUDGE. K.SURENDRA MOHAN, JUDGE. dpk