IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 6631 of 2009(Y) ------------------------------ PETITIONER(S): --------------- A.SUBASH BABU, PRINCIPAL, EXTENSION TRAINING CENTRE (ETC) TALIPARABA, KANNUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THUIRUVANANTHAPURAM. 2. THE DEPUTY SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIT, THIRUVANANTHAPURAM. 3. K. YOOSUF, DDC & PROJECT DIRECTOR, PAU, DISTRICT PANCHAYTH, KASARGOD. 4. THE COMMISSIONER FOR RURAL DEVELOPMENT, LMS COMPOUND, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.P.N.NANDAKUMAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6631 of 2009(Y) PETITIONER'S EXHIBITS EXHIBIT P1: TRUE COPY OF G.O.(rT.) No.1999/2008/LSGD dated 17.7.2008 EXHIBIT p2- TRUE COPY OF G.O.(RT0NO.466/2009/LSGD DATED 24.2.2009 //TRUE COPY// PA TO JUDGE T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 6631 of 2009 --------------------------------------------------- Dated this the 3rd day of April, 2009 JUDGMENT Aggrieved by the order of transfer Ext.P2 by which petitioner was transferred to Kasargode in the place of the third respondent, this writ petition is filed. The petitioner joined Taliparamba only on 30.07.2008. According to him, the order of transfer is without any justification. 2. This Court while admitting the writ petition, passed an order of stay for 3 weeks which was extended subsequently. As directed by this Court a statement has been filed on behalf of the 1st respondent. It is pointed out that Ext.P2 order was issued on the basis of a report that the 3rd respondent - Sri.K.Yoosuf is a cancer patient and not in a position to do difficult work as Project Director. Accordingly, the 3rd respondent was transferred and posted as Principal, Extension Taining Centre, Taliparamba. The transfer order was issued on compassionate grounds and on public interest. It is further pointed out that the physical condition of the 3rd respondent is bad and therefore, he cannot continue as Project Director. It is also pointed out that pursuant to the order of transfer, the 3rd respondent reported for duty in Extension Training Centre, Taliparamba on 27.2.2009 FN for taking up charge of the Principal from the petitioner. As the petitioner was not there, he could not take charge on that day and he wpc/6631/2009 2 assumed charge as Principal, Extension Training Centre, Taliparamba on 27.2.2009 by signing the required report of transfer of charges. 3. The learned counsel for the petitioner submits that he is a native of Kollam district and if he is given a posting in any vacancy that is existing in Kollam district and nearby stations, the petitioner will be satisfied. 4. Going by the pleadings it is clear that the transfer is ordered on compassionate grounds and hence is justified. Therefore, the writ petition is disposed of in the following terms: The petitioner will file a representation within a period of one week before the 1st respondent seeking for accommodation in an appropriate vacancy and the 1st respondent will consider and pass orders on the same within a period of one month from today. The 3rd respondent will be allowed to join in Taliparamba in the meanwhile. The petitioner will be given a convenient posting accordingly. T.R.RAMACHANDRAN NAIR, JUDGE bps