IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 24756 of 2011(T) -------------------------- PETITIONER(S): --------------- C.P.SHAJI, EMPLOYMENT OFFICER (PLACEMENT), DISTRICT EMPLOYMENT EXCHANGE, MALAPPURAM. BY ADV. SRI.K.JAJU BABU SRI.BRIJESH MOHAN SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH SMT.DHANYA CHANDRAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, LABOUR DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF EMPLOYMENT, DIRECTORATE OF EMPLOYMENT, THIRUVANANTHAPURAM-695 014. 3. SRI.ABDUSAMAD, EMPLOYMENT OFFICER, TOWN EMPLOYMENT EXCHANGE, TIRUR. PIN-676 101. BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24756 of 2011(T) APPENDIX PETITIONER(S) EXHIBITS: EXHIBIT P1- COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 12.08.2011. EXHIBIT P2- COPY OF THE ORDER NO.GO(P)6/2007/P&ARD DATED 4.12.2007. EXHIBIT P3- COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 03.09.2011. RESPONDENTS' EXHIBITS : NIL TRUE COPY P.A TO JUDGE jma K.SURENDRA MOHAN, J. = = = = = = = = = = = = = WP(C).No.24756 of 2011-T. = = = = = = = = = = = = = Dated this the 20th September, 2011. J U D G M E N T This writ petition is filed challenging Ext.P3 order transferring the petitioner from District Employment Exchange, Malappuram to Town Employment Exchange, Mananthavady. According to the petitioner, though the general transfer of Employment Officers for the year 2011 was finalised by the respondent as per Ext.P1, the petitioner was not transferred at that time. However, as per Ext.P3 he has been transferred, according to him, only to favour certain persons who got promotion as Employment Officer. The petitioner also claims protection of Ext.P2 Government Order by which a preferential claim is conferred on persons who have contracted inter-caste marriage. According to the petitioner, since he is a person who belongs to a Scheduled Caste community and since his wife belongs to a Schedule Tribe, he is not liable to be transferred from his present place. WP(C).No.24756/2011-T. 2 2. The learned Government Pleader, on instructions, submits that the petitioner has been serving in his present station from 1981 onwards. There is no invariable rule that a person who has entered into an inter-caste marriage cannot be transferred at all. In the exigencies of service, any Government employee is liable to be subjected to transfer and he has no right to complain of the same. It is also pointed out that the petitioner can very well file an appeal, setting out all his contentions which would be considered and disposed of without delay. 3. I have considered the rival contentions in this case. Transfer is an incident of service. It is true that no employee can claim immunity from transfer. I have also taken note of the fact that the petitioner has been working in his present station for the past 30 years and more. However, if the petitioner wants to challenge his transfer, he can certainly do so by filing an appeal against the same. If any such appeal is filed it is assured that the same would be considered and disposed of by the first respondent, WP(C).No.24756/2011-T. 3 expeditiously. 4. In view of the above, this writ petition is disposed of directing the petitioner to file an appeal setting out his contentions in detail, against his transfer from Malappuram to Mananthavady. If such an appeal is filed within ten days, the same shall be considered on the merits and disposed of by the first respondent in accordance with law, as expeditiously as possible, at any rate, within a period of three weeks of receipt of the said appeal. Pending disposal of the appeal, the petitioner shall be retained at his present place. If no appeal is filed within the period of ten days as stipulated, the benefit of this judgment shall automatically stand forfeited. K.SURENDRA MOHAN, (Judge) Kvs/-