IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 WP(C).No. 4535 of 2011(N) ------------------------- PETITIONER(S): --------------- A.ABDUL MANAF, EXCISE DRIVER, EXCISE CIRCLE OFFICE, KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM-695 001. 2. THE EXCISE COMMISSIONER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. 3. THE DEPUTY COMMISSIONER OF EXCISE, KOLLAM-691 013. 4. K.REGHU, DRIVER, EXCISE CIRCLE OFFICE, KARUNAGAPPALLY, KOLLAM-690 518. ADV. SRI.S.P.ARAVINDAKSHAN PILLAY FOR R4 SMT.N.SANTHA FOR R4 SRI.S.A.ANAND FOR R4 SRI.PETER JOSE CHRISTO FOR R4 SRI. SANDESH RAJA - GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4535 of 2011 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF ORDER DATED 8/1/2010. EXT.P2: COPY OF THE ORDER DTD 3/2/2011 ISSUED BY R3. EXT.P3: COPY OF THE PROCEEDING DATED 25/7/2008. EXT.P4: COPY OF THE CIRCULAR DTD 10/5/2010 ISSUED BY R2. EXT.P5: COPY OF THE ORDER DATED 25/1/2010. EXT.P6: COPY OF THE REPRESENTATION DTD 5/2/2001 BEFORE R2. RESPONDENTS' EXHIBITS EXT.R4(a): COPY OF ORDER NO.23/7934/09 DTD 08.12.2009 OF THE DEPUTY COMMISSIONER OF EXCISE, KOLLAM. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.4535 OF 2011 --------------------------------------- Dated this the 23rd day of March, 2011 JUDGMENT The petitioner is a Driver in the Excise Department. He was posted to Excise Circle Office, Karunagappally by Ext.P1 order dated 8.1.2010. The petitioner's grievances in this writ petition is that now he has been transferred to Kottarakkara by Ext.P2 order dated 3.2.2011 for accommodating the 4th respondent. According to the petitioner, as between the petitioner and the 4th respondent, the petitioner has a better claim to be at Karunagappally. The petitioner, therefore, seeks the following reliefs: “i) Call for the records leading to Ext.P2 and quash the same by a writ of certiorari or any other appropriate writ, direction or order. ii) Issue a writ of mandamus or any other appropriate writ order or direction directing the respondents to retain the petitioner in Excise Circle Office, Karunagappally; iii) Issue a writ of mandamus or any other appropriate writ order or direction directing the 2nd respondent to dispose of Ext.P6 forthwith; iv) Stay the operation of Ext.P2, until the disposal of this writ petition” W.P.(C)No.4535/11 2 2. A counter affidavit has been filed by the 4th respondent wherein he would contend that he has been given a transfer to Karunagappally considering his representation, in accordance with the norms, insofar as he is due to retire from service on superannuation on 31.3.2013. Therefore, the 4th respondent's transfer is in accordance with the norms and he cannot be now disturbed, is his contention. Having heard heard both sides, I dispose of this writ petition with a direction to the 2nd respondent to consider the claim of the petitioner for transfer to Karunagappally, in accordance with the norms, in one of the vacancies which is likely to arise on retirement on 1.4.2011. Needless to say, the 4th respondent shall not be disturbed for accommodating anybody else. S. SIRI JAGAN, JUDGE acd W.P.(C)No.4535/11 3 W.P.(C)No.4535/11 4