IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 34449 of 2008(A) -------------------------- PETITIONER(S): --------------- 1. NAVEEN NAZER, ASSISTANT MANAGER, VEGETABLE AND FRUIT PROMOTION COUNCIL, KERALAM, PALAKKAD. 2. E.S.ANILKUMAR, ASSISTANT MANAGER, VEGETABLE AND FRUIT PROMOTION COUNCIL, KERALAM, PALAKKAD. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.S.SHYAM PRASANTH RESPONDENTS: --------------- VEGETABLE AND FRUIT PROMOTION COUNCIL, KERALAM, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, "MYTHRI BHAVAN", NEAR DOORADARSHAN KENDRA, KAKKANAD, KOCHI 682037. ADV. SRI.N.SUGATHAN,SC,VEGETABLE & FRUITS PROMOTION COUNCIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 34449 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of December, 2008 JUDGMENT Heard Sri.K.Jaju Babu, learned counsel appearing for the petitioners and Sri.N.Suguthan, the learned Standing Counsel appearing for the respondent. 2. The petitioners are Assistant Managers in the service of the respondent. They are presently stationed in Palakkad and they have been working there for more than 4 years. By Ext.P2 order dated 14.05.2008, the then Chief Executive Officer of the respondent transferred them along with nine others to various stations. The petitioners were transferred to Kollam and Thrissur respectively. However, they were not relieved. It appears that the Chief Executive Officer presently in office took charge on 06.11.2008 and immediately thereafter issued Ext.P3 order dated 11.11.2008, cancelling the transfers ordered in Ext.P2. The petitioners have filed this writ petition challenging Ext.P3 and seeking implementation of Ext.P2 order. 3. The respondents have filed a counter affidavit contending, W.P.C.No. 34449 OF 2008 -:2:- inter-alia, that, though the petitioners are due for transfer and were also transferred to Palakkad, no substitute was posted in their place and that it was taking note of these facts that the transfer order was cancelled. The counter affidavit proceeds to state that transfer orders were passed without taking note of relevant aspects. 4. It is not in dispute that the normal tenure in a station is three years. The petitioners submit that in Kollam and Thrissur there are Assistant Managers who have been working in those stations for more than four years. The averment made by the petitioners in ground D of the writ petition that, Assistant Managers who have completed more than three years in their home station are still continuing in their home stations, is not denied. Therefore, the respondent can certainly transfer officers who have completed the normal tenure. In these circumstances, I dispose of the writ petition with a direction to the Chief Executive Officer presently in office to consider whether the transfer of the petitioners effected as per Ext.P2 can be implemented by posting substitutes in their places, if necessary, by W.P.C.No. 34449 OF 2008 -:3:- transferring Assistant Managers, who have completed the normal tenure of three years in their present stations. Orders in that regard shall be passed within one month from the date of receipt of a copy of this judgment. (P.N. RAVINDRAN, JUDGE) ttb W.P.C.No. 34449 OF 2008 -:4:-