IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 13269 of 2011(R) ---------------------------------- PETITIONER(S): ------------------- PRASANNAKUMAR K.G.,AGED 38 YEARS, S/O.K.GOPALA PILLAI, UPPER DIVISION CLERK, FAMILY COURT, THIRUVALLA. SAFALYA, MANKUZHI P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.ARUN THOMAS RESPONDENT(S): --------------------- 1. THE COMMISSIONER, COMMERCIAL TAXES DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 2. THE PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN - 695 001. 3. THE REGISTRAR GENERAL, THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM-682 031. 4. THE JOINT COMMISSIONER-I, COMMERCIAL TAXES DEPARTMENT, THIRUVANANTHAPURAM - 695 001. BY GOVT. PLEADER SRI.K.J.JOSEPH ADIYODI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 13269/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT DTD. 06/10/2010 IN WPC. NO.26751/2010. P2: COPY OF THE APPLICATION FOR INTER DEPARTMENTAL TRANSFER FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT THROUGH PROPER CHANNEL. P3: COPY OF THE AFFIDAVIT FILED BY THE PETITIONER BEFORE THE HON'BLE HOGH COURT OF KERALA. P4: COPY OF THE JUDGMENT DATED 29/11/2010 IN WPC. NO.35583/2010. P5: COPY OF THE ORDER NO.A3-39472/10/CT DATED 01/03/2011 ISSUED BY THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs K.SURENDRA MOHAN, J. = = = = = = = = = = = = = WP(C).No.13269 of 2011-R. = = = = = = = = = = = = = Dated this the 21st October, 2011. J U D G M E N T The petitioner who is currently working as an Upper Division Clerk at Sub Court, Thiruvalla had sought an inter- departmental transfer as a Lower Division Clerk to the Commercial Taxes Department in Thiruvananthapuram. Ext.P2 is the request of the petitioner. According to the petitioner, due to certain personal difficulties the petitioner wanted a transfer to Thiruvananthapuram. 2. Since no orders were passed on his request, the petitioner had earlier filed WP(C).No.35883/2010. This Court had directed the first respondent herein to consider the said request of the petitioner. The petitioner had thereafter submitted a fresh request. In the said request he has also expressed his willingness to be transferred to the post of Lower Division Clerk for the purpose of getting WP(C).No.13269/2011-R. 2 inter-departmental transfer. On a consideration of his request, as per Ext.P5 the same has been rejected. 3. It is stated in Ext.P5 that an inter-departmental transfer can be granted only in the entry cadre ie., the cadre of a Lower Division Clerk. The petitioner being an Upper Division Clerk, his request could not be granted. The petitioner challenges Ext.P5 in this writ petition. 4. According to the petitioner, Ext.P5 has been passed on an erroneous impression that the petitioner was seeking a transfer to the cadre as an Upper Division Clerk. Therefore, it is contended that Ext.P5 is liable to be set aside. 5. I have heard the learned Government Pleader also. 6. A reading of Ext.P5 does not give any indication that the authority under any misconception as alleged by the petitioner. What is stated in Ext.P5 is that an inter- departmental transfer could be granted only in the entry WP(C).No.13269/2011-R. 3 cadre of a Lower Division Clerk. Since the petitioner was working in the cadre of Upper Division Clerk, his request for inter-district transfer to the lower cadre cannot be entertained. No Rule or Government Order permitting such transfer, as sought for by the petitioner has been brought to my attention. I do not find any infirmity in the impugned order Ext.P5. Therefore, the petitioner is not entitled to claim any of the reliefs sought for in this writ petition. This writ petition fails and is accordingly dismissed. K.SURENDRA MOHAN, (Judge) Kvs/-