IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 18250 of 2011(E) --------------------------------------- PETITIONER(S): ------------------------ USHA.C., AGED 53 YEARS, WIFE OF VASU V.V., REVENUE INSPECTOR, KOZHIKODE CORPORATION. BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENT(S): ----------------------------- 1. DIRECTOR OF URBAN AFFAIRS, TRIVANDRUM, PIN-695 001. 2. KOZHIKODE CORPORATION, REPRESENTED BY ITS SECRETARY, KOZHIKODE-673 032. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, URBAN AFFAIRS DEPARTMENT, TRIVANDRUM, PIN-695 001. 4. T.SASIDHARAN, REVENUE INSPECTOR, KANJANGAD MUNICIPALITY, KANJANGAD, PIN-671 315. R1 & R3 BY GOVERNMENT PLEADER SRI.L.G.SURESH BABU R2 BY ADV. SRI.P.V.SURENDRANATH R4 BY ADV. SRI.ZUBAIR PULIKKOOL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.18250/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER NO.E6-5495/2010 DATED 29/3/2011. P2 COPY OF THE GENERAL TRANSFER ORDER NO.E6-5933/11 DATED 20/5/2011. P3 COPY OF THE TRANSFER ORDER NO.E6-6933/11 DATED 18/6/2011 OF THE 1ST RESPONDENT. P4 COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 23/6/2011 . RESPONDENT'S EXHIBITS: R4(A) COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE 1ST RESPONDENT ON 20/1/11. R4(B) COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 23/5/11 R4(C) COPY OF THE JUDGMENT IN WP(C)NO.14847/11 R4(D) COPY OF THE ORDER DATED 4/7/11 PASSED BY 1ST RESPONDENT BY CONSIDERING EXT.R4(B). R4(E) COPY OF THE RELIEVING ORDER ISSUED BY SECRETARY KANJANGAD MUNICIPALITY. R4(F) COPY OF THE RE-APPOINTMENT ORDER. /TRUE COPY/ P.S.TO.JUDGE sts C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.18250 OF 2011 -------------------------------------------- Dated this the 1st day of August, 2011 JUDGMENT The petitioner is a Revenue Inspector under the Kozhikode Corporation. This Writ Petition has been filed challenging Ext.P3 order whereby the petitioner was transferred and posted to Shornur Municipality. The contention of the petitioner is that the fourth respondent was transferred and posted at Kanjangad Municipality pursuant to Ext.P2 order dated 20.5.2011. Ext.P3 would reveal that thereafter, within a month since the issuance of Ext.P2 order, the fourth respondent was granted another favourable order of transfer. A person who is transferred and posted to a particular station during general transfer would not be transferred before the completion of the normal tenure, in the absence of any public or administrative exigency. The contention of the fourth respondent is that Ext.P3 order was passed taking into account the direction of this Court in Ext.R4(c). Earlier, the fourth respondent approached this Court by filing W.P.(C).No.14847 of 2011 challenging the order in Ext.P2. That Writ Petition was disposed of as per Ext.R4(c) judgment dated 2.6.2011 with a W.P.(C) NO.18250 of 2011 2 direction to the first respondent therein to consider and pass orders on Ext.P5 representation, referred as such therein, within a period of one month from date of receipt of copy of the judgment after affording an opportunity of being heard to the petitioner therein and also to the person who was transferred in his place. In purported compliance with the directions in Ext.R4(c) judgment, Ext.P3 transfer order has been issued. It is the case of the petitioner that he was transferred and posted to Kozhikode Corporation as per Ext.P2 dated 20.5.2011. In fact, Ext.P2 would reveal that the petitioner was rather, retained in Kozhikode Corporation itself even on her promotion to the post of Revenue Inspector. The grievance of the petitioner is that after allowing her to continue even on promotion in Kozhikode Corporation itself, there was no necessity to transfer her out for the purpose of accommodating the fourth respondent. As already noticed hereinbefore, in the case of the fourth respondent, his claim was reconsidered based on the decision of this Court in Ext.R4(c). When this matter came up for admission, this Court passed an interim order on 6.7.2011 whereby respondents were directed to permit the petitioner to continue in Kozhikode Corporation itself. On the strength of the said interim order, the petitioner is continuing in Kozhikode W.P.(C) NO.18250 of 2011 3 Corporation. The contention of the fourth respondent is that prior to the passing of the said interim order, he was relieved and joined at Kozhikode Corporation on 5.7.2011. It is thus obvious that both the petitioner and the fourth respondent are presently continuing in Kozhikode Corporation itself. Such a situation cannot be permitted to go on. Evidently, the petitioner has preferred Ext.P4 representation dated 23.6.2011 raising grievances against Ext.P3 order of transfer. The counter affidavit filed by the second respondent would reveal that Ext.P4 was forwarded to the third respondent for consideration. In view of the said situation, this Writ Petition is disposed of with a direction to the third respondent to consider and pass orders on Ext.P4 with notice to the petitioner as also to the fourth respondent expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. It is made clear that this Court has not made any observation with respect to the merits of the contentions of the petitioner and fourth respondent. Till an order is passed on Ext.P4, the petitioner shall be permitted to continue in the Kozhikode Corporation itself. In case there is no vacancy to accommodate the fourth respondent, it will be open to the respondents to post him, temporarily, in any other station where an open vacancy is available. However, it will W.P.(C) NO.18250 of 2011 4 only be provisional and subject to the orders to be passed on Ext.P4. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.18250 of 2011 5 C.T. RAVIKUMAR, J. JUDGMENT September, 2010