IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 31960 of 2011(T) -------------------------- PETITIONER(S): -------------- K.M.CICILY, UPPER DIVISION CLERK, KOZHIKODE CORPORATION, KOZHIKODE. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.RASHMI RAVINDRAN RESPONDENT(S): -------------- 1. STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT LOCAL SELF GOVT. GOVERNMENT THIRUVANANTHAPUTHA - 695001. 2. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM 695001. 3. KOZHIKODE CORPORATION REPRESENTED BY ITS SECRETARY, 673001. R1 & R2 BY GOVERNMENT PLEADER SRI.E.M.ABDUL KHADIR R3 BY ADV. SRI.K.D.BABU, SC, KOZHIKODE CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BKA WP(C).No. 31960 of 2011(T) APPENDIX PETITIONER'(S) EXHIBITS: EXT.P1 COPY OF THE ORDER NO.E3-20415/04 DATED 21/5/2007 EXT.P2 COPY OF THE ORDER NO E3-260/2011 DATED 24/11/2011. EXT.P3 COPY ORDER NO.GO(MS)NO.105/2007/LSGD DATED 4/4/2007. RESPONDENT'(S) EXHIBITS: NIL //TRUE COPY// PA TO JUDGE BKA K. SURENDRA MOHAN, J. ------------------------------------------ WP(C) NO. 31960 OF 2011 ------------------------------------------ Dated this the 13th day of December, 2011 J U D G M E N T The petitioner, an Upper Division Clerk in the Kozhikode Corporation, has filed this writ petition challenging Ext.P2 order by which she has been transferred from Kozhikode to Kannur. According to the petitioner, though Ext.P2 transfer order states that the transfer is on administrative grounds, the same is motivated by extraneous consideration. The petitioner being a lady, who is permanently settled at Kozhikode, has been put to needless hardships and trouble by the present untimely transfer. Her son, aged 9 years, who is studying in the school would have to be transferred to Kannur and her aged parents who are to be looked after by her would have to be taken to Kannur, an unfamiliar place. According to the petitioner, she had been transferred to Kozhikode only in the year 2007. She, therefore, seeks the issue of WPC No: 31960 of 2011 ..2.. appropriate orders setting aside her transfer order. 2. A statement has been filed on behalf of the 2nd respondent. In the 2nd paragraph of the statement what is stated is that one Girish Kumar, another Upper Division Clerk working at Perinthalmanna Municipality, had requested for transfer to Kozhikode, for the reason that he was not in a position to travel from Kozhikode to Perinthalmanna because of injuries sustained by him in a road accident. The petitioner has been transferred on grounds of administrative convenience also. 3. However, Ext.P2 shows that P.P.Girish Kumar has been transferred from Perinthalmanna to Kozhikode and that one T.Baiju has been transferred to Kozhikode to his place at Perinthalmanna. Since T.Baiju has been transferred out to accommodate P.P.Girish Kumar, the statement in the counter affidavit that the petitioner had WPC No: 31960 of 2011 ..3.. been transferred to Kannur to accommodate P.P.Girish Kumar, cannot be accepted. It is also to be noticed that no other person has been posted in the place of the petitioner at Kozhikode as per Ext.P2. In the above circumstances, the contention that the petitioner has been transferred on the ground of administrative convenience also cannot be accepted. The personal problems of the petitioner has also not been taken into consideration while issuing Ext.P2. 4. In spite of the above, I notice that the petitioner has been continuing at Kozhikode from 2007 onwards, for the past almost 4 years. She cannot claim that she should be retained at Kozhikode at all times. It is also to be taken note of that her transfer in the middle of the academic year causes a lot of hardships and difficulties to her, which could have been avoided. For the above reasons, the petitioner's present transfer is held to be without any justification. Therefore, the transfer of the petitioner is set aside. WPC No: 31960 of 2011 ..4.. 5. It is made clear that the setting aside of the transfer of the petitioner, Ext.P2 is without prejudice to the power of the authorities to transfer the petitioner to any other place at the time of the general transfer of 2012. The petitioner may submit necessary request seeking a suitable transfer, in accordance with the rules. This writ petition is allowed on the above terms. No costs. K. SURENDRA MOHAN, JUDGE bka/-