IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 26591 of 2011(Y) --------------------------------------- PETITIONER(S): ------------------------ AHAMMED IQBAL. P., NOW WORKING AS LD CLERK, THIRUNAVAYA GRAMA PANCHAYATH OFFICE, THIRUNAVAYA POST, MALAPPURAM DISTRICT. BY ADV. SRI.BLAZE K.JOSE, SMT.N.DEEPA. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2. DEPUTY DIRECTOR OF PANCHAYATH, MALAPPURAM-686 001. 3. SECRETARY, THIRUNAVAYA GRAMA PANCHAYATH THIRUNAVAYA POST, 686 092. 4. V.P. BABURAJ, LD CLERK, KUTTIPPURAM GRAMA PANCHAYATH, KUTTIPPURAM POST, MALAPPURAM DISTRICT, 686 003. R1 & R2 BY GOVT. PLEADER SMT.N. SUDHADEVI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 26591 of 2011(Y) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: A TRUE COPY OF THE APPOINTMENT ORDER DT. 12/01/2010. EXHIBIT P2: A TRUE COPY OF THE APPOINTMENT ORDER DT. 06/09/2010. EXHIBIT P3: A TRUE COPY OF THE TRANSFER ORDER DT. 30/09/2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 26591 OF 2011 ----------------------------------------------------------- Dated this the 10thOctober, 2011. JUDGMENT The petitioner has filed this writ petition challenging Ext.P3 proceedings by which he has been transferred from Thirunavaya Grama Panchayath to Kuttippuram Grama Panchayath. The petitioner is working as a Lower Division Clerk. The petitioner was appointed as such as per Ext.P1 order. He had sought extension of time for joining duty and the same was granted. Finally, he joined duty only on 15-9-2010 as per Ext.P2. According to the counsel for the petitioner, having joined Thirunavaya Grama Panchayath only on 15-9-2010 the impugned action of transferring him on 30-9-2011 even before the expiry of one year at his present station, is vitiated by malafides and extraneous consideration. 2. The further case of the petitioner is that his brother was a candidate of the Left Democratic Front (LDF) in the last Assembly election. Soon after the elections, his house was attacked, a crime has been registered with respect to the said incident and it is out of political rivalry that his transfer has been made. WPC 26951/2011 2 3. I have heard the learned Govt. Pleader also. As per Ext.P3, the petitioner has been transferred from Thirunavaya Grama Panchayath to Kuttippuram Grama Panchayath which are both nearby places. The petitioner was appointed as a Lower Division Clerk and joined duty only on 15-9-2010. Though allegations of political rivalry and malafides have been made, absolutely no material or evidence has been placed before me to warrant a conclusion that Ext.P3 is vitiated by any such consideration. A reading of Ext.P3 shows that it is a general order of transfer by which a number of persons have been transferred to various places close by, both on request as well as on grounds of administrative convenience. The reason for the petitioner's transfer has been shown as administrative convenience. I do not find any reason to conclude that the said statement in Ext.P3 is not correct or without any basis. I do not find any reason to interfere with Ext.P3 transfer order. This writ petition fails and is accordingly dismissed. Sd/- K. SURENDRA MOHAN Judge jj P.S to Judge WPC 26951/2011 3