IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 W.P.(C).No. 33210 of 2011(A) -------------------------- PETITIONER: ----------- M. VARGHESE ANTONY, SON OF M.K. ANTONY, AGED 48 YEARS, PREVENTIVE OFFICER, EXCISE DIVISION OFFICE, THRISSUR (RESIDING AT MANJALY HOUSE, VANDORE, POST ALAGAPPA NAGAR, THRISSUR DISTRICT) BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD 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, THRISSUR-680 001. R1 TO R3 BY GOVERNMENT PLEADER, SRI. SHAIJ RAJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DST W.P.(C).No. 33210 of 2011(A) APPENDIX PETITIONER'S EXHIBITS: EXT-P1. : COPY OF THE LETTER NO. XE9-5827/02 OF THE 2ND RESPONDENT ALONG WITH NORMS FOR TRANSFER DATED 20-02-2004. EXT.P2 : COPY OF THE LIST OF PREVENTIVE OFFICERS WHO ARE NOT UNDERGONE BOARD TURN DUTY DATED NIL. EXT.P3 : COPY OF THE ORDER NO. XD5-8378/11 OF THE 2ND RESPONDENT DATED 24-9-2011. EXT.P4 : COPY OF THE ORDER NO. XD5-8378/11 OF THE 2ND RESPONDENT DATED 7-12-2011. EXT.P5 : COPY OF THE ORDER NO. R-4095/2008 OF THE 3RD RESPONDENT DATED 08-12-2011 EXT.P6 : COPY OF THE JUDGMENT IN WPC NO. 25774 OF 2011-V DATED 21-10-2011. EXT.P7 : COPY OF THE APPEAL FILED BEFORE THE GOVERNMENT DATED 09-12-2011. RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE DST K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO:33210 OF 2011 ----------------------------------------------------------- Dated this the 13th December, 2011. JUDGMENT The petitioner, an Excise Preventive Officer working in the Excise Division Office, Thrissur has filed this writ petition challenging Exts.P4 and P5 orders of transfer. As per the said orders the petitioner has been transfered to Ernakulam. The petitioner was transferred and posted to his present place of posting only as per Ext.P3 dated 24-9-2011. According to the petitioner, he is a person who is eligible for being promoted to the next higher post. However, Board duty for a period of two years, is a pre condition for such promotion. He alleges that his transfer to a field unit within three months of his posting as per Ext.P3 is vitiated by malafides and intended only to deprive him of the legitimate promotion that is due to him. As per the norms of transfer applicable to the Excise Department, Ext.P1, it is the seniors who are liable to be transferred out of the Board unit. Though a number of seniors of the petitioner are still remaining posted on Board duty he has been transferred out. The said order is therefore submitted to be in violation of the norms also. WPC 33210/2011 2 The petitioner has therefore challenged his order of transfer by filing an appeal against the same, which is Ext.P7. Though an appeal is pending before the first respondent, he complains that no orders have been passed thereon till date. The petitioner therefore seeks the issue of appropriate directions for the consideration of Ext.P7. 2. Since the grievances of the petitioner are pending consideration of the first respondent in Ext.P7, it is only appropriate that they are considered by the said authority in the first instance. 3. This writ petition is therefore disposed of directing the first respondent to consider the appeal filed by the petitioner, evidenced herein by Ext.P7 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate before the petitioner is relieved from his present place in implementation of Ext.P4 transfer order. The petitioner shall also be heard before any such orders are passed on Ext.P7. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 33210/2011 3