IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WP(C).No. 24883 of 2008(K) ----------------------------------- PETITIONER : --------------- E.CHANDRAN, SAMITHI PRAYAG P.O.KOTTAMPARAMBA, CHELAVOOR, KOZHIKODE DISTRICT. (PRESENTLY WORKING AS HEAD CLERK, CHELANNUR BLOCK PANCHAYAT). BY ADV. SRI.C.VALSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENTS : ------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPLE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, COMMISSIONERATE OF RURAL DEVELOPMENT THIRUVANANTHAPURAM. 3. BLOCK DEVELOPMENT OFFICER, CHELANNOOR BLOCK OFFICE, P.O.CHELANNOOR KOZHIKODE DISTRICT. 4. PRESIDENT, CHELANNOOR BLOCK PANCHAYAT CHELANNOOR BLOCK OFFICE, P.O.CHELANNOOR, KOZHIKODE DISTRICT. 5. MR.A.M.ASOKAN, HEAD CLERK, VADAKARA BLOCK, KOZHIKODE DISTRICT. BY SR.GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ------------------------- W.P ( C) No.24883 of 2008 -------------------------- Dated this the 19th August, 2008 J U D G M E N T The petitioner challenges Exhibit P2 order of transfer. By Exhibit-P2, the petitioner was transferred from Chelannur Block in Kozhikode district to Vadakara Block in Kozhikode District. The fifth respondent is the substitute appointed in the place of the petitioner. The petitioner contends that he has only one year and three months to retire from service and that the transfer is in violation of Exhibit-P3 norms which stipulates that employees having only two years of service or less, shall not be transferred. The petitioner also submits that due to various ailments he is not in a position to travel from his residence to Vadakara. It is also submitted that the transfer of the other persons named in Exhibit-P2 except that of the petitioner was on their request. 2. I have heard Sri.C.Vathsalan, the learned counsel appearing for the petitioner and Smt. M.R W.P ( C) No.24883 of 2008 2 Sreelatha, the learned Senior Government Pleader appearing for respondents 1 to 3. Having regard to the fact that the petitioner has only one year and three months time to retire and is suffering from various ailments, I am of the opinion that if the petitioner makes a request to the second respondent seeking reconsideration of his transfer ordered as per Exhibit-P2, the same shall be considered sympathetically and orders passed thereon, at the earliest. In the result, the writ petition is disposed of permitting the petitioner to submit a representation before the second respondent seeking reconsideration of his transfer under Exhibit-P2. This shall be done within ten days from today. The second respondent shall within one month thereafter , consider the same and pass appropriate orders thereon, if necessary, after affording the petitioner an opportunity of being heard. (P.N.RAVINDRAN, JUDGE) ma W.P ( C) No.24883 of 2008 3 W.P ( C) No.24883 of 2008 4