IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 22530 of 2011(M) ------------------------------------- PETITIONER(S): ----------------------- P.GOPAKUMAR,S/O.N.PADMANABHAN NAIR, AGED 55 YEARS,SENIOR ADMINISTRATIVE OFFICER, DIRECTORATE OF AGRICULTURE,TRIVANDRUM. BY ADVS. SRI.V.A.MUHAMMED SRI.V.RAJASEKHARAN NAIR RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,GENERAL ADMINISTRATION (SPECIAL B)DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE DIRECTOR OF AGRICULTURE, THIRUVANANTHAPURAM – 695 001. 3. SRI.I.S.SUBHASH CHANDRA BOSE, SENIOR ADMINISTRATIVE OFFICER,GOVERNMENT MEDICAL COLLEGE,KOZHIKODE – 673 001. R1 AND R2 BY SR. GOVERNMENT PLEADER SRI. L. G. SURESH BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DS WP(C).No. 22530 of 2011(M) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE G.O. (RT.) NO. 3083/2010/GAD OF THE GOVERNMENT P2: COPY OF THE G.O. (RT.) NO. 6276/2011/GAD OF THE GOVERNMENT P3: COPY OF THE G.O. (P) NO. 12/04/P & ARD OF THE GOVERNMENT P4: COPY OF THE REVIEW PETITION FILED BEFORE THE GOVERNMENT RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE DS K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 22530 OF 2011 ----------------------------------------------------------- Dated this the 3rd October, 2011. JUDGMENT The petitioner has filed this writ petition challenging Ext.P2 order by which the petitioner has been transferred from Thiruvananthapuram to Kozhikode. According to the petitioner, he came to his present post only in April 2010 as per Ext.P1. He is on the verge of retirement and is due to retire on 31-3-2012. According to the petitioner, the transfer norms provide that persons on the verge of retirement are not liable to be transferred out. The petitioner therefore challenges Ext.P2 order as being unsustainable and liable to be set aside. He has also submitted Ext.P4 appeal before the first respondent setting out his grievances against the order of transfer, on which no orders have been passed till date. 2. A counter affidavit has been filed by the first respondent contending that the petitioner has been working at Thiruvananthapuram from 2005 onwards in various posts. Therefore, he has managed to stick on to Thiruvananthapuram for the past more than six years. In view of the above, it is pointed out that he cannot be heard to complain that he is transferred out WPC 22530/2011 2 within a short period of time after Ext.P1. Since Ext.P4 appeal is pending before the first respondent, it is submitted that same can be considered and disposed of on merits. 3. Since the petitioner has already challenged his transfer by filing Ext.P4 appeal before the first respondent, I do not think it necessary to go into the merits of his contentions at this stage. It is sufficient that Ext.P4 is directed to be considered and disposed of in accordance with law, expeditiously. 4. This writ petition is accordingly disposed of directing the first respondent to consider the grievances of the petitioner narrated in his appeal, evidenced herein by Ext.P4 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner also. Until final orders are passed on Ext.P4 in accordance with the above direction, the petitioner shall be retained in the present station itself. The petitioner is also permitted to move the Government for the grant of a suitable posting to him considering his impending retirement. K. SURENDRA MOHAN Judge jj WPC 22530/2011 3