IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 15683 of 2006(P) ------------------------------------------ PETITIONER(S): ------------------------ RADHAKRISHNAN A., S/O. APPUKUTTAN M., AGED 37 YEARS, RESIDING AT KATTILPURA HOUSE, KOOTTALA, P.O. ALATHUR, PALAGHAT DIST. TRACTOR DRIVER, DEPARTMENT OF AGRICULTURE, ASST. EXECUTIVE ENGINEER'S OFFICE, MALAMPUZHA. BY ADV. MR.P.K.RAMKUMAR RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULTURE, DIRECTORATE OF AGRICULTURE, THIRUVANANTHAPURAM. 3. SRI.C.KESAVAN, TRACTOR DRIVER, AGRICULTURAL ASST.EXECUTIVE ENGINEER'S OFFICE, KASARGOD, P.O. KASARGOD. GOVERNMENT PLEADER MR.ANTONY MUKKATH FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.15683/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER BY WAY OF A DISTRICT BOARD SELCTION. P2:- COPY OF THE FEE PAID RECEIPT OF THE PETITIONERS SON. P3:- COPY OF THE ABOVE G.O. DT. 2.12.91. P4:- COPY OF THE TRANSFER ORDER PASSED BY THE 2ND RESPONDENT DT. 29.5.06. TRUE COPY P.A. TO JUDGE TSS T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.15683/2006-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of March, 2009 J U D G M E N T The petitioner is aggrieved by the order of transfer. He was ordered to be transferred as per Ext.P4 to Kasaragod District. Ext.P4 is dated 29/05/2006. 2. The main contention raised by the petitioner is that he was appointed by way of District Board Selection to the post of Tractor Driver and, therefore, he was not due for transfer. 3. The respondents have filed a counter affidavit stating that he was advised through the P.S.C for appointment to the post of Tractor Driver in the Agriculture Department. Accordingly, the petitioner was appointed as Tractor Driver and posted in the office of the Assistant Executive Engineer (Agriculture), Malampuzha. He has completed service 5 years service in Palakkad District as on 16/11/2003. The order of transfer was issued as the third respondent who is senior to him submitted an application through proper channel requesting for a posting in the native district, Palakkad. 4. This Court while admitting the writ petition on 16/06/2008 passed an interim order staying Ext.P4. It was extended from time to time. W.P.(C) No.15683/2006 -:2:- Presently, after the issuance of Ext.P4, nearly, three years have gone. The third respondent has not chosen to dispute the claim of the petitioner also. Therefore, the writ petition is disposed of directing that the matter will be considered during the next general transfer as the petitioner was allowed to continue at Palakkad in the light of the interim order. If the petitioner seeks for a posting in any other station in Palakkad District, the same will be considered by the second respondent and appropriate action be taken and orders will be passed accordingly. No costs. (T.R. Ramachandran Nair, Judge.) ms