IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WA.No. 2307 of 2008() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.29744/2008 DATED 23/10/2008 .................... APPELLANT/PETITIONER: ------------------------------------ RAJAN PANATHARA, SENIOR ASSISTANT MANAGER, STATE WARE HOUSE, TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT/RESPONDENT: ------------------------------------------ THE MANAGING DIRECTOR, KERALA STATE WARE HOUSING CORPORATION, ERNAKULAM. BY ADV. SRI.MAJNU KOMATH, SC, K.S.W.C. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- W.A.No.2307 of 2008 ------------------------------------- Dated 3rd December, 2008 JUDGMENT Koshy,J . Appellant is presently working as Senior Assistant Manager in the Kerala State Warehousing Corporation. He was transferred by Ext.P1 from Thaliparamba to North Paravur. He is a native of Kannur District. According to him, his mother is old and he is suffering from Thyroid disease and his transfer will cause serious hardship to him. Earlier, when he was transferred, he approached this court. This court noticed that his age of retirement as per service rules is 55 and he will retire on 31.7.2008 and, therefore, it was observed that he should be allowed to continue there. It was also stated that the respondent can transfer him if the age of superannuation is extended. Now, as per the interim orders of this court, he is allowed to continue in service till 58 years in view of the decision regarding extension of retirement age by the Corporation subject to further orders in the writ appeal. Therefore, after 31.7.2008 he was transferred. It is stated by the respondent that the appellant had a long service of 32 years and that during the said period 32 years except for a short spell of four months in Thrissur District and seven months in Kalpetta District, he has all along been working in Kannur District alone. It is stated that his mother is residing with his younger brother and not with him and that his sister is also residing nearby where the mother is residing. It is further stated that W.A.2307/2008 2 during this year from January to August, only four days' leave was taken by him due to his illness and personal grounds urged by him are not valid against the transfer. It is also stated that Ext.P9, show cause notice was issued to him and in the interest of justice to avoid suspension pending enquiry and to facilitate proper enquiry he is transferred to another place. It is not disputed that the appellant is a transferable employee. In these circumstances, learned single Judge considered all the points raised by him and held that no interference is required in a petition under Article 226 of the Constitution of India. We see no ground to interfere with the above findings. Learned counsel for the appellant submitted that the appellant is prepared to apply for VRS. We make it clear that this judgment will not be a bar in the appellant making such an application. If such an application is received, it should be considered by the respondent according to law. Appellant is also free to apply for a transfer to Kannur District or nearby place if vacancy occurred and none of these options are barred by this judgment. The appeal is disposed of accordingly. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks