IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WP(C).No. 24857 of 2011(F) -------------------------------------- PETITIONER(S): ----------------------- K.VAMADEVAN, OVERSEER GRDE III MINOR IRRIGATION SECTION, HARIPPAD. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.KA.BALAN SRI.PETER JOSE CHRISTO SRI.ANAND S.A. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARAIT,THIRUVANANTHAPURAM PIN 695 001. 2. CHIEF ENGINEER IRRIGATION AND ADMINISTRATION PUBLIC OFFICE BUILDINGS, THIRUVANANTHAPURAM PIN 695 033. BY GOVT. PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss APPENDIX PETITIONER(S) EXHIBITS EXT.P1:-TRUE COPY OF THE ORDER NO.A6/22158/2011 DT.31.8.2011 OF THE CHIEF ENGINEER IRRIGATION AND ADMINISTRATION,THIRUVANANTHAPURAM. EXT.P2:-TRUE COPY OF THE REPRESENTATION DT.14.9.2011 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.24857 of 2011 ---------------------------- Dated 27th September, 2011 JUDGMENT The petitioner is working as Overseer Grade III in Minor Irrigation Section in Harippad under the Irrigation Department. This writ petition has been filed on being aggrieved by Ext.P1 order of transfer. As per Ext.P1, the petitioner has been transferred from Irrigation Section, Harippad and allotted to Executive Engineer, Minor Irrigation Division, Idukki for suitable reposting. Various contentions have been raised to assail Ext.P1 order. It is contended that being a person belonging to scheduled caste community, he got preferential claim in the matter of transfer. Raising all such contentions he has filed Ext.P2 before the second respondent. However, Ext.P1 would reveal that the said order of transfer was passed by the second respondent. The transfer norms provides for preferring appeal against an order of transfer issued by the Head of the Department before the Government. In the said circumstances, this writ petition is disposed of granting liberty to the petitioner to move the Government by raising his claims, contentions and grievances against Ext.P1. He may do so within a period of 10 days from the date of receipt of a copy of this judgment. In case of receipt of such representation within the above stipulated time, the first respondent shall consider and pass orders thereon within WP(C).No.24857/2011 2 a period of one moth from the date of receipt of such representation. The learned counsel for the petitioner submitted that no substitute has been posted in place of the petitioner and that the petitioner has not so far been relieved pursuant to Ext.P1. If the said position is true, then the petitioner shall be permitted to continue in the present station till orders are passed and communicated pursuant to this judgment. It is made clear that further continuance in the said station would depend upon the orders on the said representation. Sd/- C.T.RAVIKUMAR Judge TKS