IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 14474 of 2010(H) -------------------------- PETITIONER(S): --------------- C.S.SAHIR, S/O.IBRAHIM, AGED 50 YEARS, DRIVER, TALUK SUPPLY OFFICE, TIRURANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER SRI.V.C.MADHAVANKUTTY RESPONDENT(S): --------------- 1. THE DISTRICT SUPPLY OFFICER, OFFICE OF THE DISTRICT SUPPLY OFFICE, MALAPPURAM. 2. THE TALUK SUPPLY OFFICER, OFFICE OF THE TALUK SUPPLY OFFICE, TIRURANGADI, MALAPPURAM DISTRICT. 3. THE TALUK SUPPLY OFFICER, OFFICE OF THE TALUK SUPPLY OFFICE, TIRUR, MALAPPURAM DISTRICT. 4. GOPALAKRISHNAN, DRIVER, TALUK SUPPLY OFFICE, TIRUR, MALAPPURAM DISTRICT. BY GOVT. PLEADER SRI. ANTONY MUKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.14474 OF 2010(H) -------------------------------------------------- Dated this the 22nd day of July, 2010 J U D G M E N T Petitioner is working as Driver under the office of the Taluk Supply Office, Tirurangadi and Malappuram. By Ext.P8 order he was transferred to Taluk Supply Office, Tirurangadi. Ext.P8 order has been issued by the District Supply Officer. In this writ petition filed against Ext.P8 order, the main contention raised by the petitioner is that his appointing authority is the Director of Civil Supplies and therefore Ext.P8 order issued is unsustainable. Learned counsel for the petitioner relies on the judgment of this court in WP(c).No.26371/08. 2. As already stated, the case of the petitioner is that Ext.P8 order of transfer is illegal for the reason that it is issued by the District Supply Officer, who is not an appointing authority. In the judgment in WP(c).No.26371/08 relied on by the counsel for the petitioner, this court taking note of the fact that the appointing authority of Driver in Civil Supplies Department is the Director of Civil Supplies, interfered with an order of transfer issued by the District Supply Officer. In this case also facts are similar and WPC.No.14474 /2010 :2 : therefore the issue canvassed by the petitioner is fully covered to his favour. Therefore, following the judgment in WP(c). No.26371/08 Ext.P8 order transferring the petitioner is to be set aside and I do so. 3. Respondents 1 and 2 are directed to permit the petitioner to continue in the office of the 2nd respondent. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/