IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 27884 of 2008(T) -------------------------------------- PETITIONER: ------------------ A. MUHAMMED ASHRAF, ALANKANDY HOUSE, AZHIKODE SOUTH P.O., KANNUR - 9. BY ADV. SRI.ALEX VARGHESE RESPONDENTS: ----------------------- 1. THE DIRECTOR OF PANCHAYATS, PANCHAYAT DIRECTORATE, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF PANCHAYATS KASARAGOD. 3. E.RAJENDRAN, PANCHAYAT SECRETARY, NARATH GRAMA PANCHAYAT, KANNUR AGOVERNMENT PLEADER SMT.ANU SIVARAMAN FOR R1, R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.RAVINDRAN, J. ====================================== W.P.(C)No.27884 of 2008 ====================================== Dated this the 6th day of October 2008 JUDGMENT The petitioner is presently working as Secretary in the Bethiyadukka Grama Panchayat in Kasargod District. The petitioner is a native of Kannur District. He was transferred to Bethiyadukka Grama Panchayat by Ext.P1 order of transfer dated 16.5.2008. The petitioner was then working in Ramanthali Grama Panchayat in Kannur District. After Ext.P1 order of transfer was passed, the petitioner submitted Ext.P2 representation to the Director of Panchayats requesting that he may be given a posting in Narath Grama Panchayat in Kannur District. According to the petitioner, instead of considering the request made by him in Ext.P2 representation dated 4.8.2008, the Director of Panchayats filled up the vacancy that existed in Narath Grama Panchayat by transferring the third respondent, who belongs to Kozhikode District and was then working in Narikkulam Grama Panchayat. The order transferring the third respondent is evidenced by Ext.P3. The petitioner contends that Ext.P3 order has been passed ignoring the superior claim of the petitioner for a posting at Narath Grama Panchayat. The petitioner further submits that W.P.(C)27884/2008 2 besides the vacancy at Narath Grama Panchayat, a vacancy of Secretary exists in Kolachery Grama Panchayat in Kannur District and that the first respondent ought to have considered the request made by the petitioner in Ext.P2 before issuing Ext.P3. The petitioner has in this writ petition challenged Ext.P3 to the extent it transfers the third respondent to Narath Grama Panchayat and has prayed for a writ in the nature of mandamus commanding the first respondent to transfer and post him in Narath Grama Panchayat or Kolachery Grama Panchayat in Kannur District. 2. I have heard Sri.Alex Varghese, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman the learned Government Pleader appearing for the official respondents. The question whether the petitioner is entitled to be given a posting at Narath Grama Panchayat or at Kolachery Grama Panchayat in Kannur District, is essentially a matter for the transferring authority to decide. This Court cannot assess the niceties of the administrative needs and act as an appellate authority over the order of transfer passed by the competent authorities. The vacancy at Narath Grama Panchayat is no longer in existence for the reason that the third respondent is posted in that vacancy by Ext.P3 order. The transfer and posting of the third respondent to Narath Grama Panchayat cannot be questioned by the petitioner W.P.(C)27884/2008 3 in the light of the principles laid down by the Apex Court in State of U.P. and others v Gobardhan Lal [2004(11)SCC 402]. The Apex Court has in the aforesaid decision held that an order of transfer can be interfered with only if it is passed by an incompetent authority or is in violation of any statutory rule or is proved to be one vitiated by mala fides. In the instant case, the petitioner has not been able to show that the transfer of the third respondent is in any way vitiated on any of the above three grounds. Such being the situation, I find no merit in the challenge to Ext.P3. 4. The writ petition accordingly fails and it is dismissed. I make it clear that the dismissal of the writ petition will not stand in the way of the official respondents from considering the request made by the petitioner for a posting in Kolachery Grama Panchayat in Kannur District or in any other vacancy which he may point out. P.N.RAVINDRAN, JUDGE css/