IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 WP(C).No. 25680 of 2010(H) -------------------------- PETITIONER(S): --------------- M.K.KUTTYKRISHNAN, EXCISE GUARD, EXCISE RANGE OFFICE, KUTHUPARAMBA, RESIDING AT EASWAREEYAM, NIRMALAGIRI P.O., (VIA) KUTHUPARAMBA, KANNUR DISTRICT. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. 2. COMMISSIONER OF EXCISE, COMMISSIONERATE OF EXCISE, NANDAVANAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN - 695 033. 3. DEPUTY EXCISE COMMISSIONER, EXCISE DIVISION OFFICE, CIVIL STATION, KANNUR, PIN - 670 002. 4. DEPUTY EXCISE COMMISSIONER, EXCISE DIVISION OFFICE, CIVIL STATION, KALPETTA, WAYANAD, PIN - 673 121. BY GOVT. PLEADER SRI. ARAVINDHKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.25680 OF 2010(H) -------------------------------------------------- Dated this the 18th day of August, 2010 J U D G M E N T Petitioner joined service as Excise Guard in Wayanad District. 2. He applied for transfer to Kannur District. That was allowed by Ext.P8. Subsequently, when he claimed seniority in the transferred unit, the matter was considered and finally by Ext.P9 it was informed that his transfer was on condition that he will be the junior most Excise Guard in Knanur Division and therefore he will be treated as junior most. On that basis his claim for original seniority was rejected. This order was challenged in O.P.No.16800/96. That Original Petition was disposed of by Ext.P11 judgment. Dealing with the claim of the petitioner that being the near relative of a Jawan, his seniority shall not be retained, this court held in ExtP15 judgment as follows “After the issuance of Ext.P15, an inter-district transferee, even if he is a near relative of a serving jawan will loose his seniority upon transfer. Therefore I find nothing illegal with Ext.P10 or Ext.P14.” WPC.No. 25680/2010 :2 : 3. Thus after rejecting the case of the petitioner for seniority, this court held that if the petitioner file a representation claiming transfer back to Wayanad District, the first respondent shall consider the same and pass orders in accordance with law, within 2 months from the date of production of a copy of the judgment. Petitioner states that accordingly he submitted Ext.P11 representation seeking cancellation of the inter-district transfer and asking re-transfer to Wayanad District. That request of the petitioner was considered and was rejected by the Commissioner of Excise as per Ext.P13 order dated 27.7.2005 stating that Government have since clarified that there are no rules supporting the claim for cancellation of the inter-district transfer. Seeking cancellation of Ext.P13 and also the inter district transfer he filed Ext.P14 representation to the Government on 25.1.2007. It is thereafter that now this writ petition is filed on 12.8.2010, to quash Ext.P8, P9 and P13 and to request the respondents to re- transfer the petitioner to the Excise Divison, Wayanad. 4. As far as Exts,.P8 and P9 are concerned, the claim of the petitioner for retention of his seniority is concluded by virtue of the findings in Ext.P11 judgment which has become final and WPC.No. 25680/2010 :3 : binding on the petitioner. Therefore, Ext.P8 and P9 cannot be attacked in this proceedings. 5. In so far as Ext.P13 is concerned, Ext.P13 says that there is no rule for cancellation of inter-district transfer once granted. No provision either in the special rules or in the General Rules providing for cancellation of inter district transfer once granted, is shown to me. Therefore, I see nothing erroneous in Ext.P13 as well. Writ Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/