IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WA.No. 2059 of 2010() --------------------- AGAINST THE JUDGEMENT IN WPC.35482/2010 Dated 29/11/2010 .................... APPELLANT: -------------- N.RAJAGOPAL, AGED 37 YEARS, S/O.N.NARAYANA P ILLAI, MANIMALA, THULAMPARAMBU NORTH, MANNARASALA P.O., HARIPAD-690550 (INTELLIGENCE INSPECTOR SQUAD NO-2,COMMERCIAL TAXE ALAPPUZHA AT CHENGANNUR) BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS: --------------- 1. SECRETARY TO GOVERNMENT, REP.BY SECRETARY, COMMERCIALT AXES DEPARTMENT THIRUVANANTHAPURAM-695001 2. JOINT COMMISSIONER-I DEPARTMENT OF COMMERCIAL TAXES,TRIVANDRUM-695001 3. DEPUTY COMMISSIONER, INTELLIGENCE DEPARTMENT DEPARTMENT OF COMMERCIAL TAXES,TRIVANDRUM-695001 4. S.LAL COMMERCIAL TAX INSPECTOR, COMMERCIAL TAX CLERK POST WALAYAR-678624 R1 TO R3 BY G.P. SRI.K.C.SANTHOSH KUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... Writ Appeal No.2059 of 2010 .................................................................... Dated this the 22nd day of December, 2010. JUDGMENT Ramachandran Nair, J. Writ Appeal is filed against judgment of the learned Single Judge directing the respondents to consider appellant's request for a posting in Alappuzha District where he is already working. Appellant's grievance is that he is transferred on and often from one Check Post to another without allowing him to remain in any station for any considerable period. According to the appellant, many officers are allowed to remain in the same station for three years and above. Appellant was previously working in Walayar for six months and after shifting him to Alappuzha District where he spent only three months, he is again transferred to Amaravila Check Post. A married person who has to take care of family, wife and children certainly should not be disturbed in this fashion. Government Pleader submitted that the appellant is considered an honest officer and that is why he is posted in a sensitive place like Check Post. Posting in the Check Post may be a recognition 2 of honesty of which appellant should be proud of. However, we feel he should not be harassed for the reason that he is above corruption. In fact it is the responsibility of the department to ensure that every one in the department is honest and if honest people are given inconvenient postings, the same will turn out to be a disincentive against honesty. Therefore, we dispose of the Writ Appeal with direction to the respondents to consider the appellant's request including posting him in other sensitive departments like Intelligence, if possible in nearby area so that he gets a tenure in his District. C.N.RAMACHANDRAN NAIR Judge BHABANI PRASAD RAY Judge pms