IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 WP(C).No. 18167 of 2009(M) ------------------------------------------ PETITIONER(S): ------------------------- T.P.SREEKUMAR, AGED 48, S/O.PRABHAKARAKURUP, ADMINISTRATIVE OFFICER, CHENGANNOOR DEVASWAM, ARANMULA GROUP, RESIDING AT THUNDIYIL HOUSE, CHERUKOL MURI, CHERUKOL P.O., CHENNITHALA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. BY ADV. MR.G.BENO RESPONDENT(S): -------------------------- 1. TRAVANCORE DEVASWAM BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. COMMISSIONER OF DEVASWAM, TRAVANCORE DEVASWAM BOARD OFFICE, THIRUVANANTHAPURAM. 3. P.SURESH KUMAR, ASST.AUDIT OFFICER, FINANCE AND ACCOUNT OFFICE, TRAVANCORE DEVASWAM BOARD OFFICE, THIRUVANANTHAPURAM. R1 & R2 BY MR.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE, MR.P.GOPAL, SC, TDB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 18167 of 2009 M =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 3rd day of July, 2009 JUDGMENT The petitioner who is working as Administrative Officer, Chengannoor Devaswom has filed this writ petition challenging Ext.P2 order dated 9-6-2009 passed by the Devaswom Commissioner transferring and posting him as Assistant Audit Officer, Thiruvalla. 2. The petitioner is a resident of Mavelikkara. While he was working as Assistant Audit Officer at Thiruvalla, he was transferred and posted as Administrative Officer of Chengannur Devaswom by Ext.P1 order dated 27-2-2009. In the order of transfer itself it was stated that the transfers ordered therein are subject to revision when the general transfer order is issued. By Ext.P2 order dated 9-6-2009, which is the general transfer order for the year 2009-'10, the petitioner was transferred and posted back as Assistant Audit Officer at Thiruvalla. The petitioner challenges his transfer to Thiruvalla on the ground that he has completed only four months at Chengannur and that his health condition does not permit him to undertake arduous responsibility as Accounts Officer. W.P.(C) No. 18167/09 2 3. The petitioner is a resident of Mavelikara. Chengannur and Thiruvalla are situate at the same distance from Mavelikara. Therefore, transfer from Chengannur to Thiruvalla will not cause any inconvenience to the petitioner. The learned standing counsel for respondents 1 and 2 submits that Sri. S. Soman Pillai who is retiring from service in November was posted as Administrative Officer at Chengannur in the place of the petitioner and that Ext.P8 appeal filed by the petitioner was also rejected by the Commissioner. The learned standing counsel further submits that the petitioner is taking advantage of the fact that he had undergone a heart surgery to seek posting in temples only. 4. I have considered the submissions on either side. The petitioner is a resident of Mavelikara which is equidistant from Chengannur and Thiruvalla. Therefore, the petitioner cannot be said to be aggrieved by his transfer from Chngannur to Thiruvalla. The petitioner does not challenge the competency of the officer to issue the order of transfer. He has not been able to show that while transferring him from Chengannur to Thiruvalla any statutory rule has been violated. He has also no case that his transfer is mala fide. The employer is in my opinion the best judge of the situation and this Court exercising jurisdiction under Article 226 of the Constitution of India, cannot assess the niceties of the situation and the administrative exigencies W.P.(C) No. 18167/09 3 and substitute its decision in the place of the decision of the transferring authority. I therefore find no reason to interfere with the the petitioner's transfer from Chengannur to Thiruvalla. I accordingly hold that there is no merit in the writ petition. The writ petition fails and is dismissed. P.N.RAVINDRAN, JUDGE. mn.