IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 25774 of 2011(V) -------------------------- PETITIONERS:- ------------------- 1. M.K.RAJAN, AGED 52 YEARS, SON OF M.R.KUTTAPPAN, PREVENTIVE OFFICER,EXCISE RANGE OFFICE PIRAVOM,ERNAKULAM DISTRICT. 2. A.MUHAMMED MAZYUD, PREVENTIVE OFFICER, EXCISE RANGE OFFICE, ERNAKULAM DISTRICT. 3. SHAJI MATHACHAN, PREVENTIVE OFFICER, EXCISE RANGE OFFICE, TRIPPUNITHURA, ERNAKULAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS:- --------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, TAXES(F) DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM 695 001. 3. THE DEPUTY COMMISSIONER OF EXCISE, ERNAKULAM DISTRICT 682 018. BY SR.GOVT.PLEADER SRI.E.M.AB;DUL KHADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J. = = = = = = = = = = = = = WP(C).No.25774 of 2011-V. = = = = = = = = = = = = = Dated this the 21st October, 2011. J U D G M E N T The petitioners are working as Preventive Officers in the Excise Range Offices at Piravom, Ernakulam and Tripunithura respectively. They have filed this writ petition challenging Ext.P3 transfer order. According to them, the said order is issued in violation of Ext.P1. The case of the petitioners is that, in accordance with Ext.P1, Ext.P2 list of Preventive Officers who were not working in the Work Unit was forwarded to the Excise Commissioner. The petitioners are Sl.Nos.7, 9 and 15 in the list. However, retaining Sl.Nos.1 to 6 who are seniors to the petitioners, Ext.P3 order has been passed transferring the petitioners. The petitioners have submitted Exts.P4, P5 and P6 appeals which are pending before the first respondent. They seek the issue of appropriate orders quashing Ext.P3 transfer order in so far as it relates to them. WP(C).No.25774/2011-V. 2 2. The Government Pleader, on instructions, submits that the petitioners have not been relieved from their present posting stations. 3. In the above circumstances, I am satisfied that this writ petition can be disposed of directing consideration of Exts.P4, P5 and P6, before relieving the petitioners. 4. This writ petition is accordingly disposed of directing the first respondent to consider the appeals filed by the petitioners evidenced herein as Exts.P4, P5 and P6 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate before relieving the petitioners from their present stations, in implementation of Ext.P3 order of transfer. The petitioners shall also be heard before such orders are passed. K.SURENDRA MOHAN, (Judge) Kvs/-