IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WP(C).No. 30118 of 2008(I) -------------------------- PETITIONER: --------------- M.P.SASIPAL, NOW WORKING AS PEON, PUZHAKKAL BLOCK PANCHAYATH OFFICE, THRISSUR. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: --------------- 1. THE ASSISTANT DEVELOPMENT COMMISSIONER (GENERAL) RURAL DEVELOPMENT DEPARTMENT, THRISSUR. 2. THE COMMISSIONER OF RURAL DEVELOPMENT, COMMISSIONER ATE, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 30118 of 2008 -------------------------- Dated this the 8th January,2009 J U D G M E N T Petitioner is aggrieved by Exhibit-P10 order whereby he was ordered to be transferred from Mullasery Block to Puzhakkal Block. He was originally working in the Extension Training Centre, Mannuthy. Petitioner at that time was granted permission to join the Government Law College, Thrissur as he was working as a night Watchman. Permission was granted as per Exhibits P1, P2 and P3. He joined the said course also after getting Exhibit-P5 order. Subsequently the petitioner was ordered to be transferred as per Exhibit-P8 order to Mullassery Block from the Extension Training Centre, Mannuthy. He disputed the facts stated in Exhibit-P8 by way of a representation. According to the petitioner, the allegations against him which led to the order of transfer were not correct. By Exhibit-P9 judgment, this Court directed the petitioner to move a representation before the Commissioner and the Commissioner was directed to pass appropriate orders thereon. Exhibit-P10 is the order passed by the W.P ( C) No. 30118 of 2008 2 Commissioner after considering the various aspects. The Commissioner after considering his request ordered that he be transferred from Mullackal to Puzhakkal. It is contended that this order is unsustainable. 2. Respondents have filed a counter affidavit justifying the order of transfer. It is stated that after the order was passed, he had been at Puzhakkal and is working there. Whether the order of transfer was based on some allegations against him or not is not a matter for this Court to adjudicate in these proceedings. If he is aggrieved by Exhibit-P10 order he will have to move the Government by way of appropriate representation. If the petitioner files such a representation within a period of three weeks from today, the same shall be considered by the Government and appropriate orders be passed, in accordance with law, after hearing the petitioner, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No. 30118 of 2008 3 W.P ( C) No. 30118 of 2008 4