IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 6563 of 2009(M) ------------------------- PETITIONER: --------------- P.R.RADHAKRISHNA PANICKER, S/O.PADMANABHAN NAIR, DEPUTY COLLECTOR (GENERAL & ADM), PATHANAMTHITTA, (RESIDING AT THARUMUTTATHU HOUSE, VAZHAPPALLY P.O., CHANGANACHERRY). BY ADV. SRI.G.SUKUMARA MENON SMT.DEEPTHI S.MENON RESPONDENTS: --------------- 1. PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, PATHANAMTHITTA. 3. R.SUDHEENDRAN, REVENUE DIVISIONAL OFFICER, KOLLAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 6563 of 2009 -------------------------- Dated this the 16th March,2009 J U D G M E N T Petitioner is aggrieved by the order of transfer, transferring him as Deputy Collector (LA) from Pathanamthitta to Idukki as per Exhibit-P1 order. 2. It is contended that he was transferred to the present station only on 6.9.2008 from Alappuzha as per Exhibit-P2 order. Petitioner is a native of Kottayam. It is also alleged that there is no public interest involved in the matter. Petitioner is due to retire from service on 30.4.2009. 3. Learned Government Pleader, on instructions, submits that Exhibit-P1 order was issued on the basis of guidelines issued by the Election Commission of India. The Election Commission of India directed that no officer connected with elections, directly or indirectly, should be allowed to continue in the present district of posting. W.P ( C) No. 6563 of 2009 2 (a) If he/she is posted in her/his home district (b) If she/he has completed 3 years in that district during last four years on or before 31.5.2009 4. The instructions will not only cover officers appointed for specific election duties like District Election Officers, Returning Officers and Assistant Returning Officers but also other district level officers like Additional District Magistrates, Deputy Collectors & Sub Divisional Magistrates, Tahsildars, Block Development Officers or any other officer proposed to be used for election work. It was also directed that any officer who is due to retire within six months shall not be engaged for performing election duties during the elections. The petitioner was due to retire from service on superannuation on 30.4.2009. As per the direction of the Election Commission of India, the petitioner was transferred along with 67 Deputy Collectors as per the Government Order dated 25.2.2009. Even though, Additional District Magistrates have no specific election duties he may have general duties and he has to invoke Executive and Magisterial Powers on the election related offences during the election process. W.P ( C) No. 6563 of 2009 3 Therefore he may not be allowed to continue in the post of Additional District Magistrate on the eve of his retirement. Moreover, all other posts of Deputy Collector and Revenue Divisional Officer in the district are those of Assistant Returning Officers. Hence Government were not in a position to accommodate him in any other post in the district and accordingly he was transferred to nearby Idukki district. 5. Therefore, it is in the exigency of service that the petitioner was transferred. Further, in the light of the fact that presently as the election schedule has already been announced, at this stage, this Court will not be justified in interfering with Exhibit-P1 order. The writ petition is dismissed accordingly. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No. 6563 of 2009 4 W.P ( C) No. 6563 of 2009 5