IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 WP(C).No. 34 of 2009(D) ----------------------- PETITIONER: ------------------ B.S.MUHAMMED, EXTENSION OFFICER(P& M) BLOCK DEVELOPMENT OFFICE, MANJESWAR, KASARAGOD DISTRICT. BY ADV. MR. KALEESWARAM RAJ RESPONDENTS: --------------------- 1. STATE OF KERALA, REP; BY SECRETARY TO GOVERNMENT DEPARTMENT OF ECONOMIC & STATISTICS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF ECONOMIC & STATISTICS, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE ADMINISTRATIVE OFFICER, ECONOMICS & STATISTICS DEPARTMENT, THIRUVANANTHAPURAM. 4. K.KUMARAN, STATISTICAL ASSISTANT, OFFICE OF THE DIRECTOR OF HEALTH DEPARTMENT, DIRECTORATE OF HEALTH, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR. P.NANDA KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34 of 2009(D) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DATED 26.12.2008. P2: COPY OF THE REPRESENTATION DATED 30.12.2008 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: R2(a): COPY OF THE LETTER DATED 30.06.2008 OF B.D.O. MANJESWAR. R2(b): COPY OF THE LETTER OF ASSISTANT DEVELOPMENT COMMISSIONER DATED 10.07.2008. R2(c): COPY OF THE PROCEEDINGS NO. EB(2) 333/2008/DES DATED 26.12.2008. R2(d): COPY OF THE PROCEEDING TO CANCEL THE TRANSFER AND POSTING OF THE PETITIONER. // TRUE COPY // P.A. TO JUDGE kkms/ V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 34 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 9th day of September 2009. JUDGMENT Petitioner, an Extension Officer (P&M) in the Block Development Office at Manjeswar in Kasargod District was transferred under Ext.P1 order at Thiruvananthapuram. He has challenged the same. The petitioner reaches the age of superannuation on 30.10.2009. He will therefore retire from service on 31.03.2010. This Court stayed the order of transfer. 2. Going by the counter affidavit of the respondents, it seems that petitioner found to be inadequate in service and he was not following the directions that were issued. 3. I heard Counsel on both sides. Taking note of the fact that petitioner is anyway due to retire from service in a short while, and that this Court has also stayed the transfer, it is directed that Ext.P1 so far as the petitioner and the 4th respondent need not be give effect to till 31.03.2010. If otherwise required and justified, the department is also at liberty to post the petitioner in Kasargod District itself. Subject to the above, writ petition is disposed of. (V.GIRI) JUDGE kkms/