IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 WA.No. 1102 of 2010 ----------------------- AGAINST THE JUDGEMENT IN WPC.4449/2010 Dated 08/06/2010 .................... APPELLANTS/WRIT PETITIONERS: ------------------------------------ 1. ANSAR HUSSAIN, AGED 36 YEARS, S/O. SHAHUL HAMMED RAWTHER, WORKING AS TRADE INSTRUCTOR, SUB CENTRE, KOLLAM. 2. SHINE.S. AGED 35 YEARS, S/O. SOMAN.K. WORKING AS SCREEN PRINTER, SUB CENTRE, KOLLAM. BY ADV. SRI.P.CHANDRASEKHAR SRI.C.V.MANUVILSAN RESPONDENTS/RESPONDENTS: ----------------------------------- 1. KERALA STATE AUDIO VISUAL AND REPREGRAPHIC CENTRE, HEAD OFFICE COMPLEX, VATTIYOORKAVU, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE CHAIRMAN, GOVERNING BODY, KERALA STATE AUDIIO VISUAL AND REPREGRAPHIC CENTRE, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE VICE CHAIRMAN, KERALA STATE AUDIO VISUAL AND REPROGRAPHIC CENTRE, THE OFFICE OF SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT,THIRUVANANTHAPURAM. BY STANDING COUNSEL SRI.K.ANAND THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.N.Ravindran, J. ------------------------------------------ W.A.No.1102 of 2010 ------------------------------------------ Dated this the 29th day of June, 2010 JUDGMENT Ravindran, J. The appellants are the petitioners in W.P.(C) No.4449 of 2010 wherein they challenged Exts.P1 and P2 orders transferring them from the Sub Centre of Kerala State Audio Visual and Reprographic Centre at Kollam to the Centres at Kohikode and Kannur respectively. By judgment delivered on 8th June, 2010 the learned single Judge dismissed the writ petition. Hence this writ appeal. 2. The main grievance voiced by the appellants is that employees working in the Centres at Kozhikode and Kannur have not been paid their salary and allowances for the past more than two years and that in such circumstances if the appellants, on whom the punishment of reduction of salary to the lowest stage in the scale of pay has been imposed are transferred to the said Centres, they will have to work without pay. On this ground it is contended that the order of transfer is mala fide and therefore liable to be set aside. WA No.1102 of 2010 - 2 - 3. Sri.K.Anand, the learned counsel appearing for the respondents submitted that the respondents will ensure payment of salary and allowances to the appellants at the applicable rates if they join at the respective Centres. In view of the undertaking given on behalf of the respondents that the appellants will not be denied salary and other allowances, we find no ground to entertain this writ appeal. In such circumstances, recording the undertaking given on behalf of the respondents that the appellants will be paid salary and allowances at the applicable rates if they join duty at Kozhikode and Kannur Centres, we dismiss the writ appeal. J.Chelameswar, Chief Justice P.N.Ravindran, Judge vns