IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WA.No. 74 of 2008() ------------------- AGAINST THE JUDGEMENT IN WPC.10039/2007 Dated 03/01/2008 .................... APPELLANT: PETITIONERS NO.1,2,4,5,6,7 & 9: ------------------------------------------ 1. JOSE JOSEPH, AGED 38 YEARS, S/O.K.T.JOSEPH, WORKING AS SUB DIVISIONAL ENGINEER (BROAD BAND), BSNL, ERNAKULAM. 2. A.V.POLACHAN, AGED 41 YEARS, WORKING AS SUB DIVISIONAL ENGINEER, (GROUP OF EXCHANGES), BSNL, KALADY, ERNAKULAM. 3. G.RAJKUMAR, AGED 42 YEARS, WORKING AS SUB DIVISIONAL ENGINEER, BSNL, THEVARA, ERNAKULAM. 4. K.G.SANTHOSHKUMAR, AGED 38 YEARS, WORKING AS SUB DIVISIONAL ENGINEER, BSNL, ERATTUPETTA. 5. K.S.SREEKUMAR, AGED 36 YEARS, WORKING AS SUB DIVISIONAL ENGINEER, BSNL, EDAKKARA, MALAPPURAM. 6. T.ANYAN KUNJU, AGED 38 YEARS, WORKING AS SUB DIVISIONAL ENGINEER, BSNL, PATHANAPURAM, KOLLAM DIST. 7. TENSON JOSEPH, AGED 38 YEARS, WORKING AS SUB DIVISIONAL ENGINEER, BSNL, NJEEZHOOR, KOTTAYAM. BY ADV. SRI.G.D.PANICKER SMT.JEENA JOSEPH RESPONDENTS: RESPONDENTS/PETITIONERS 3 & 8 IN WPC: -------------------------------------------------- 1. CHAIRMAN AND MANAGING DIRECTOR, BSNL, STATESMAN HOUSE, NEW DELHI. 2. DIRECTOR (HRD), BSNL, STATESMAN HOUSE, NEW DELHI. 3. ASSISTANT DIRECTOR GENERAL(P1) BSNL, CORPORATE OFFICE 102-B, STATESMAN HOUSE, NEW DELHI-1. 4. CHIEF GENERAL MANAGER TELECOM, BSNL, TRIVANDRUM. 5. S.SANTHOSH, AGED 39 YEARS, WORKING AS SUB DIVISIONAL ENGINEER (WLL) BSNL, BOAT JETTY, ERNAKULAM. 6. A.S.JAYAKUMAR, AGED 37 YEARS, WORKING AS SUB DIVISIONAL ENGINEER, BSNL, BALARAMAPURAM. BY ADV.SRI.MVS NAMBOOTHIRI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.A.NO.74 OF 2008 -------------------------------------------------------------- Dated this the 11th day of January, 2008. JUDGMENT Balakrishnan Nair, J: This writ appeal is filed by the appellants feeling aggrieved by the dismissal of the writ petition filed by them challenging Ext.P3 order, by which they have been promoted to the post of Sub Divisional Engineers and posted to stations outside Kerala. They are not aggrieved by their promotion but, only aggrieved by the posting given to them to other States. The appellants would submit that in the case of certain similarly placed persons, they have been retained in the same station notwithstanding their promotion. It is also pointed out that the transfers have been effected in violation of the guidelines governing the same, a copy of which is produced as Ext.P7. 2. The learned Single Judge dismissed the writ petition relying on the judgment in W.P.(C)No.33881/2007, which was filed by the similarly placed persons. The learned Single Judge in that W.A.NO.74/2008 . 2 judgment held that violation of the norms cannot be treated as a ground for interfering with the transfer order. Reliance was placed on the decision of the Apex Court in Union of India and Others v. S.L.Abbas (AIR 1993 SC 2444). 3. We find nothing wrong with the view taken by the learned Single Judge. We are not impressed by the allegations of discrimination made by the appellants. The fact that some persons were retained in Kerala cannot be taken as a ground to interfere with the transfer of other persons and direct their retention in Kerala. We also notice hat the respondents have undertaken to consider the claim of the appellants for re-posting to their choice station after the lapse of two years. In view of the above position, no ground has been made out warranting interference with the impugned transfer. Therefore, we affirm the judgment of the learned Single Judge and accordingly, the writ appeal is dismissed. K. BALAKRISHNAN NAIR, JUDGE. P.N. RAVINDRAN, JUDGE. cl W.A.NO.74/2008 . 3 W.A.NO.74/2008 . 4