IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WA.No. 67 of 2010() ------------------- AGAINST THE JUDGMENT IN WPC.37540/2009 Dated 23/12/2009 .................... APPELLANT(S): PETITIONER ------------------------ JALEEL M.,(NOW WORKING AS II GRADE JUNIOR HEALTH INSPECTOR,TRIVANDRUM CORPORATION), S/O.MOHAMMED KUNJI, PUTHENPURAYIL PUTHENVEEDU, KOLLAKA P.O., KARUNAGAPALLY, KOLLAM DISTRICT. BY ADV. SRI.SHABU SREEDHARAN SRI.N.A.JOHN JACOB SRI.P.SANJAY SHENOI RESPONDENT(S): RESPONDENTS --------------- 1. THE STATE OF KERALA, REP. BY THE DIRECTOR OF URBAN AFFAIRS, GOVT. SECRETARIAT, TRIVANDRUM DISTRICT. 2. THE SECRETARY OF TRIVANDRUM CORPORATION, TRIVANDRUM DISTRICT. 3. THE SECRETARY OF KOLLAM CORPORATION, KOLLAM DISTRICT. 4. R.K.DEEPESH, II GRADE JUNIOR HEALTH INSPECTOR, KOLLAM CORPORATION, KOLLAM DISTRICT. 5. SREEJAYAN, II GRADE JUNIOR HEALTH INSPECTOR, KOLLAM CORPORATION, KOLLAM DISTRICT. SENIOR GOVT.PLEADER SRI.BENNY GERVASIS-R1 ADV.SRI.P.K.MANOJ KUMAR, STANDING COUNSEL-R2 SRI.M.K.CHARNDRAMOHAN DAS -R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 67 OF 2010 --------------------------------------------- Dated this the 15th day of January, 2010 JUDGMENT Balakrishnan Nair, J. The writ petitioner is the appellant. He filed the Writ Petition challenging Ext.P3 order of the Additional Secretary, Kollam Corporation, relieving him from the post of Junior Health Inspector Grade II, pursuant to his transfer to Thiruvananthapuram Corporation, as per order dated 7.7.2009 issued by the Director of Urban Affairs, mentioned as paper 1 in Ext.P3. Ext.P4 is the order admitting the appellant to duty in Thiruvananthapuram Corporation by the Additional Secretary of that Corporation. It is submitted by the petitioner that after joining duty at Thiruvananthapuram, he filed Ext.P10 representation before the Director of Urban Affairs and, thereafter filed the Writ Petition. According to the appellant/petitioner, since he is a person who contracted inter-caste marriage, he is entitled to get protection from transfer, in view of Exts.P5, P6, P8 and P9 orders issued by the Government. But, the learned Single Judge dismissed the Writ Petition, stating that violation of the norms will not give any cause of action to the petitioner to approach a Court of law. Feeling aggrieved by the said judgment, this Writ Appeal is preferred. W.A. N O. 67/2010 2 2. If the orders of the Government in the matter of transfer are violated, the remedy of the petitioner is to represent before the Government. This Court, under Article 226 of the Constitution of India, can interfere with the transfer only if the same is illegal or vitiated by mala fides and not for violation of any norms prescribed by the Government. But, the Government can look into violation of those norms and if it is found that those norms were ignored, not in the exigency of service, it can grant the relief. So, we are of the view that the Writ Petition was rightly dismissed by the learned Single Judge. We affirm the said judgment. We make it clear that neither the observations contained in the judgment of the learned Single Judge nor those contained in this judgment will affect the rights of the appellant to move the Government for appropriate reliefs. Subject to the above, the Writ Appeal is dismissed. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. N O. 67/2010 3 K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.A.NO.67/2010 JUDGMENT 15th January, 2010