IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 33361 of 2011(U) ------------------------------------ PETITIONER(S): ----------------------- M.G.ANOOP KUMAR, S/O.LATE M.A.GIRIJAN, AGED 39 YEARS, PREVENTIVE OFFICER, EXCISE RANGE OFFICE, KOLAZHY, THRISSUR DISTRICT (RESIDING AT MULLAKKARA HOUSE, PERUMPILLISSERY, CHERPU, THRISSUR DISTRICT). BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, TAXES (F) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001 2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM - 695 001 3. THE DEPUTY COMMISSIONER OF EXCISE, THRISSUR DISTRICT - 682 018. BY GOVERNMENT PLEADER SRI. SHAIJ RAJ T.K. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DCS WP(C).No. 33361 of 2011(U) APPENDIX PETITIONER(S) EXHIBITS :- EXT.P-1 COPY OF THE LETTER NO.XE9-5827/02 OF THE 2ND RESPONDENT ALONG WITH NORMS FOR TRANSFER. EXT.P-2 COPY OF THE LIST OF PREVENTIVE OFFICERS WHO ARE NOT UNDERGONE BOARD TURN DUTY. EXT.P-3 COPY OF THE ORDER NO.R-4095/2008 OF THE 3RD RESPONDENT. EXT.P-3(a) COPY OF THE ORDER NO.XD5-8378/11 OF THE 2ND RESPONDENT. EXT.P-4 COPY OF THE APPEAL FILED BEFORE THE GOVERNMENT. EXT.P-5 COPY OF THE JUDGEMENT IN WPC NO.25774 OF 2011-V RESPONDENTS' EXHIBITS :- NIL /TRUE COPY/ P.A. TO JUDGE DCS K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.33361 of 2011 --------------------------------------------- Dated this the 14th day of December 2011 JUDGMENT The petitioner is working as a Preventive Officer in the Excise Range Office, Kolazhi in Thrissur District. He has filed this writ petition aggrieved by Exts.P3 and P3(a) transfer orders by which, his juniors have been transferred and posted to the Board Unit of the Excise Department. As per the norms applicable, two years minimum service at the Board Unit is a pre-condition for any further promotion of the petitioner. Therefore, transfers to the Board Unit are granted on the basis of seniority. However, the petitioner complains that Sl.Nos.4, 5 and 6 in Ext.P3 are juniors to him, as evidenced by Ext.P2. He, therefore, submits that the inclusion of their names in Ext.P3 has been done with the malafide intention of denying him his further promotion. Therefore, the petitioner seeks the issue of appropriate directions for his transfer to the Board Unit. WPC No.33361 of 2011 2 2. Being seriously aggrieved by Exts.P3 and P3(a), the petitioner has challenged the said transfer orders by filing Ext.P4 appeal to the first respondent. He seeks the issue of appropriate directions for the consideration and disposal of Ext.P4. 3. I have heard the learned Government Pleader also. 4. In view of the limited relief that is sought, I am of opinion that this writ petition can be disposed of directing Ext.P4 to be considered. 5. This writ petition is, accordingly, disposed of directing the first respondent to consider the grievances of the petitioner set out in his appeal, evidenced herein by Ext.P4, in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment. Sd/- K.SURENDRA MOHAN, JUDGE true copy css/ P.A.TO JUDGE