IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 16414 of 2009(V) --------------------------------------- PETITIONER(S): ------------------------ S.NOOR MUHAMMED S/O. A.V.SULAIMAN, PULAVAR HOUSE, NEAR KALPATHY RAILWAY GATE, KALPATHY POST, PALAKKAD 678003. DRIVER FOREST RANGE OFFICE KOLLENGODE. BY ADV. MR.A.R.GANGADAS RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REP. BY THE SECRETARY FOREST DEPARTMENT GOVT. SECRETARIAT, TRIVANDRUM. 2. THE CHIEF CONSERVATOR OF FORESTS, OFFICE OF THE CHIEF CONSERVATOR OF FORESTS VAZHUTHAKKAD TRIVANDRUM. 3. THE CONSERVATOR OF FORESTS AND CUSTODIAN OFVESTED FORESTS EASTERN CIRCLE, ARANYA BHAVAN, OLAVAKKODE, PALAKKAD. 4. S.MURALEEDHARAN, DRIVER, KERALA FOREST SCHOOL, WALAYAR, PALAKKAD DIST. R1 TO R3 BY GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.16414 of 2009-V ------------------------------ Dated this the 15th day of June, 2009. J U D G M E N T Heard Sri.A.R.Gangadas, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Driver in the Forest Department. He is a resident of Kalpathy in Palakkad town. During the year 2008 he was transferred from the range office at Agali to the range office at Kollengode as per Ext.P3 order dated 3.4.2008. By Ext.P4 order dated 10.6.2009 he has now been transferred from the range office at Kollengode to the Kerala Forest School, Walayar. The fourth respondent is the substitute appointed in the place of the petitioner at Kollengode. The petitioner challenges Ext.P4 order of transfer essentially on the ground that he has been transferred out from Kollengode after the expiry of one year. His grievance is that he was transferred to the present station only recently and that as Drivers with longer service are retained in Olavakode Division he should not have been transferred to Walayar. 3. The petitioner is a resident of Kalpathy in Palakkad town. Walayar is well connected by road and rail to Palakkad. The distance from Palakkad to Walayar and from Palakkad to Kollengode is more or less equal. Therefore it cannot be said that the petitioner's transfer to W.P(C) No.16414 of 2009-V 2 Walayar will cause serious inconvenience to him. 4. The Apex Court has in State of U.P V. Gobardhan Lal (2004) 11 SCC 402 held that the guidelines governing transfer and posting of Government employees do not confer any enforceable right on the employee. It was also held that an order of transfer can be interfered with only if it is one passed by an incompetent authority or is in violation of a statutory rule or is proved to be vitiated by malafides. In the instant case, the petitioner has not been able to prove any one of the said three grounds. The main grievance of the petitioner in this writ petition is that the guidelines had not been adhered to. As held by the Apex Court, the guidelines governing transfer of employees do not confer any enforceable right on them and therefore the petitioner cannot compel the respondents to strictly adhere to the guidelines. In any case, the transferring authority is the best judge of the situation and this Court exercising jurisdiction under Article 226 of the Constitution of India cannot sit in appeal over the decision of the transferring authority. In the absence of any proof to the effect that an order of transfer is vitiated by malafides or is passed by the incompetent authority or is one issued in violation of a statutory rule, this Court cannot interfere with the order of transfer. I therefore hold that there is no merit in the challenge to Ext.P4. The writ petition fails and is accordingly dismissed. Sd/- ab P.N.RAVINDRAN, JUDGE //True Copy// PA to Judge