IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).No. 16047 of 2010(E) -------------------------- PETITIONER(S): --------------- K.DINESAN,ASSISTANT EXECUTIVE ENGINEER, VADAKKANCHERRY BLOCK PANCHAYATH,VADAKKANCHERY, THRISSUR DISTRICT. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO LOCAL SELF GOVERNMENT (EW) DEPARTMENT,THIRUVANANTHAPURAM. 2. P.S.BABURAJ,THODANNUR BLOCK PANCHAYATH, VADAKARA,KOZHIKODE DISTRICT. MR.P.NANDAKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.16047 of 2010 (E) --------------------------------- Dated, this the 25th day of May, 2010 J U D G M E N T By Ext.P1 order dated 30/03/2010, by which the petitioner, who was then working in Idukki District, was promoted and posted as Assistant Executive Engineer at Vadakkancherry. Accordingly he assumed charge and was continuing there. By Ext.P2 order dated 22/05/2010, as part of General Transfer, he has been transferred and posted at Vadakara. It is this order, which is under challenge. 2. First contention raised is that he joined the present station only on 06/04/2010 and he should not have been disturbed. Ext.P1 is an order of promotion and posting and not a case of transfer and therefore this argument of the learned counsel for the petitioner is only to be rejected. The other argument is that the petitioner is a Scheduled Caste and therefore should not have been transferred. Such protection is extended only by way of guidelines issued by the Government and therefore in the exigencies of service if transfers are ordered deviating from such guidelines, this Court WP(C) No.16047/10 -2- will not be justified in interfering with the same. Be that as it may, the learned counsel for the petitioner submits that in Trissur district itself, there are other vacancies available and that therefore, the petitioner should be accommodated in any one of this vacancies. This essentially is a matter for the 1st respondent to consider and therefore, I direct that it will be open to the petitioner to move the 1st respondent in which event the 1st respondent shall consider such claim of the petitioner and pass appropriate orders thereon. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg