IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 23904 of 2008(U) -------------------------- PETITIONER(S): PETITIONER ------------------------- VASANTHY.C.N.W/O. C.K. ACHUTAN, LIVE STOCK INSPECTOR, VETERINARY HOSPITAL MUTTOM, THODUPUZHA, IDUKKI DISTRICT (TRANSFERRED TO VETERINERY DISPENSARY THANKAMANY) BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT(S): RESPONDENTS -------------------------- 1. THE DISTRICT ANIMAL HUSBANDARY OFFICER, THODUPUZHA, IDUKKI DISTRICT. 2. THE SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL, MUTTOM, THODUPUZHA, IDUKKI DISTRICT. 3. SUNITHA S. NAIR, LIVE STOCK INSPECTOR, VETERINARY HOSPITAL, MUTTOM, ADIMALI, THODUPUZHA. GOVERNMENT PLEADER, ADV. SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.23904/2008-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 28th day of January, 2009 J U D G M E N T The writ petitioner is challenging the order of transfer (Ext.P1) whereby the petitioner has been transferred from Veterinary Hospital, Muttam to Veterinary Dispensary, Thankamany. The petitioner has been working at Veterinary Hospital, Muttam for the last 21/2 years. She is permanently residing in Kanjar about 10 kms from Muttam with her daughter, son and aged mother. The eldest daughter of the petitioner is studying in Std.XII and her youngest son is in Std.V. Her husband is serving the Indian Army at Gauhati in Assam. She is also a member of a scheduled caste. 2. According to the petitioner, the transfer has been effected in violation of the guidelines. 3. The first respondent has filed a statement. It is pointed out therein that in view of the geographical peculiarity of Idukki District, it is divided into two areas (low range area and high range area). As per G.O. (P) No.12/04/P&ARD dated 10/09/2004, service in a Revenue District within a radius of 15 kms is to be considered as service in the same station. The petitioner was appointed as Live Stock Inspector in Idukki District at W.P.(C) No.23904/2008 -:2:- Veterinary Dispensary, Thekkumbhagam (low range area) and joined duty on 21/06/1999 in that place and completed four years of service. Thereafter, She was posted in Veterinary Dispensary, Kudayathoor (low range area) for 21/2 years and again in Veterinary Hospital, Muttam for another 21/2 years. It is therefore stated that she has got a service of nine years within a radius of 15 kms and all these institutions where she has worked are located in low range area. The third respondent who is a native of Ernakulam District and is residing at Perumbavoor has been working at high range area from 28/05/2003 to 11/02/2005 (at Santhanpara), then at Veterinary Hospital Adimaly between 12/02/2005 to 26/05/2008. She is also mother of two children aged 5 years and 3 years respectively. She has sought for a transfer to a place which is convenient for her and, and that was granted to her by Ext.P1 order. 4. It cannot therefore, be said that the authorities have acted in violation of the guidelines by abusing the power of transfer. The relevant aspects have been considered and Ext.P1 cannot be faulted in that manner. 5. The learned counsel for the petitioner submitted that being a member of scheduled caste and being a wife of a jawan, the petitioner is entitled for various benefits as per the guidelines for transfer. It is submitted that the petitioner may be allowed to make an application during W.P.(C) No.23904/2008 -:3:- the general tranfer 2009, pointing out the above facts which may be directed to be considered favourably by the authorities concerned. 6. The challenge against Ext.P1 fails. If the petitioner makes an application for transfer, it is clarified that while considering her application the relevant clauses of the guidelines relied on by her will also be considered. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms