IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 WP(C).No. 7064 of 2011(G) -------------------------------------- PETITIONER(S): ------------------------ T.A.SIVADAS, LIVE STOCK INSPECTOR, ICDP SUB CENTER, INCHAKUNDU, THIRSSUR DISTRICT. BY ADV. SRI.T.C.SURESH MENON RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, ANIMAL HUSBANDRY DEPARTMENT, SECRETARIAT, TRIVANDRUM-695 001. 2. THE DIRECTOR OF ANIMAL HUSBANDRY, TRIVANDRUM-680 001. 3. THE JOINT DIRECTOR, ANIMAL HUSBANDRY DEPARTMENT, THRISSUR-680 001. 4. NANDAKUMAR.E.K., LIVE STOCK INSPECTOR ICDP SUB CENTER, KANNAMPATHUR, THRISSUR DISTRICT-680 682. R1 TO R3 BY GOVERNMENT PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.7064 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of March, 2011 J U D G M E N T The petitioner is working as a Live Stock Inspector Grade-I at the I.C.D.P. Sub Centre, Inchakundu in Thrissur District. He came to that station in May 2008. The petitioner is aggrieved by the untimely transfer by Ext.P1 order by which the petitioner has been transferred to R.P. Unit, Thrissur. The petitioner submits that this transfer has been effected for political reasons to favour the 4th respondent who has been transferred in the petitioner's place. The petitioner therefore seeks the following reliefs: “(i) issue a writ in the nature of mandamus directing respondents 2 and 3 to retain the petitioner at his present station, or in the alternate post him to a station near to home in the light of the medical condition that he is in. (ii) issue a writ in the nature of mandamus directing the respondents 2 and 3 to permit the petitioner to give a request for posting at a nearer place at the time of the proposed general transfer.” I have heard the learned Government Pleader also. The learned Government Pleader points out that, as is clear from Ext.P1, 39 persons have been transferred and the W.P.(C)No.7064 of 2011 2 same is in the nature of a general transfer. I am not inclined to accept the contention of the learned Government Pleader that Ext.P1 is in the nature of a general transfer insofar as general transfers are effected only after the academic year for schools and colleges are over so as not to inconvenience employees. Further in Ext.P1 it is specifically stated that the transfers are in the exigencies of service. If it was a general transfer it was not necessary to state that it is in the exigencies of service. In any event insofar as the elections have been declared and the transfer is in the middle of the year, I am of opinion that, Ext.P1 order should not be implemented before the elections are over. Accordingly this writ petition is disposed of with a direction to the respondents 1 to 3 not to implement Ext.P1 transfer till 31.05.2011 in respect of the petitioner. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/