IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WP(C).No. 28096 of 2011(J) --------------------------------------- PETITIONER(S): ------------------------ C.ASHA SANKER, AGED 40 YEARS, D/O.C.K.SANKARA NARAYANAN, 'JYOTHIS',KADUVUMKAL P.O VALLIKUNNAM VILLAGE, ALAPPUZHA DIST, WORKING AS AGRICULTURAL OFFICER,KRISHNAPURAM,ALAPPUZHA DIST, BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): --------------------------- 1. THE DIRECTOR OF AGRICULTURE THIRUVANANTHAPURAM.PIN-695 001 2. THE ASSISTANT DIRECTOR OF AGRICULTURE, MAVELIKARA, ALAPPUZHA DIST.PIN-688 001 3. THE PRINICPAL AGRICULTURAL OFFICER, ALAPPUZHA, ALAPPUZHA DIST.PIN-688 001 4. B.ABHILASH, AGRICULTURAL OFFICER, AGRICULTURAL OFFICE, THAZHAKKARA, MAVELIKKARA, ALAPPUZHA DIST.PIN-688 001 R1 TO R3 BY SR GOVERNMENT PLEADER SRI.LIJU STEPHEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.28096/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1:- TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER'S MOTHER- IN -LAW EXT.P2:- TRUE COPY OF THE REPRESENTAION DATED 6/3/09 PREFERRED BY THE PETITIONER TO THE IST RESPONDENT. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.S.TO.JUDGE sts K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO:28096 OF 2011 ----------------------------------------------------------- Dated this the 24th October, 2011. JUDGMENT The petitioner has filed this writ petition challenging Ext.P2 order of transfer dated 14-10-2011 by which she has been transferred from Krishnapuram, Kayamkulam to Thazhakkara. According to the petitioner, she joined the agricultural office, Krishnapuram only on 22-10-2010. Having remained there only for just over an year, it is submitted that her present transfer is without any justification. The petitioner complains that though Thazhakkara is only about 30 kms. away from her present place of posting, she would have to change buses to reach the place, the place being unconnected by any direct bus. The petitioner's husband is abroad and she has to take care of her school going children as well as the aged parents of her husband. Her mother-in- law is a heart patient also. 2. The learned Govt. Pleader on instructions submits that in the Department of Agriculture different blocks are created and there has to be at least one male agricultural officer in each block. The petitioner's transfer was necessitated for the reason that all the WPC 28096/2011 2 agricultural officers in Kayamkulam block were females. The Assistant Agricultural Officer is also on leave. The Govt. Pleader further submits that implementation of various projects in the block would be adversely affected if no male officers are available in a block. Since the transfer of the petitioner is only to a nearby place, within the same district itself, the said transfer and posting does not cause any prejudice to the petitioner. 3. Having heard the contentions of the counsel appearing on either side, I do not find any grounds to interfere with the transfer order Ext.P2. It is certainly true that the petitioner has been transferred before completion of the three year period stipulated by the transfer guidelines. However, a strict adherence to the period of three years at a particular station, is not a mandatory requirement for the transfer of a person. Wherever administrative exigencies demand, a person can be transferred even before the expiry of such period. There are absolutely no materials to warrant a conclusion that Ext.P2 order has been issued on any extraneous consideration or is tainted by any other vitiating factor. In the above circumstances the petitioner is not entitled to any of the reliefs claimed in the writ petition. WPC 28096/2011 3 4. With regard to the personal problems of the petitioner which certainly require sympathetic consideration, I am of the view that it is up to the petitioner to submit a proper representation detailing her problems to the first respondent, who shall consider the same and issue a convenient posting order to the petitioner. For the foregoing reasons the writ petition is dismissed. No costs. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 28096/2011 4