IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WP(C).No. 25582 of 2011(W) -------------------------- PETITIONER : ------------ 1. K.C.ABDURAHIMAN,S/O.K.C.AHAMED KOYA HAJI, SENIOR SUPERINTENDENT, REGIONAL OFFICE, KERALA WAKF BOARD, KOZHIKODE. 2. N.P.ABDUL JABBAR, S/O.K.ABDULLA, JUNIOR SUPERINTENDENT, REGIONAL OFFICE, KERALA WAKF BOARD, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT: ----------- CHIEF EXECUTIVE OFFICER, KERALA WAKF BOARD, ERNAKULAM 682 017. BY ADV. SRI. A.A. ABDUL HUSSAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 25582 of 2011(W) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A COPY OF THE ORDER NO.C4-2622/95 DATED 17/9/2011 OF THE RESPONDENT. EXHIBIT P2 A COPY OF MEDICAL CERTIFICATE DATED 27/8/2011 SHOWING THE SERIOUSNESS OF THE MOTHER OF THE IST PETITIONER. EXHIBIT P3 A COPY OF MEDICAL CERTIFICATE ISSUED TO THE IST PETITIONER DATED 22/9/2011. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). No.25582 OF 2011 -------------------------------------------- Dated this the 27th day of September, 2011 JUDGMENT The petitioners are working as Senior Superintendent and Junior Superintendent respectively under the Kerala Wakf Board in its Regional Office at Kozhikode. This writ petition has been filed challenging Ext.P1 order. The tenor of the contentions raised in this writ petition would suggest that the petitioners understood Ext.P1 as an order of transfer. A scanning of Ext.P1 order would reveal that in fact, it is not an order of transfer. It is only an order issued on working arrangement taking into account the circumstances specifically mentioned thereunder. The relevant portion of Ext.P1 reads thus:- “In the meeting of Chief Executive Officers of State Wakf Boards regarding the implementation of the scheme of computerization of records of State Wakf Boards, the Ministry of Minority Affairs, Government of India has directed the State Wakf Boards to complete the preparation of meta data and data entry work within two months. The non-compliance of the said direction will lead to the lapse of financial assistance from the Ministry of Minority Affairs.” 2. The learned standing counsel appearing for the respondent submitted that Ext.P1 is not an order of transfer and the petitioners are W.P.(C) 25582/11 2 posted at the Headquarters only on working arrangement. The petitioners are the senior most persons in their respective categories and the works relating to computerization of records of the Kozhikode Office of the State Wakf Board is to be completed within two months. It is only for that purpose that the petitioners are posted to Head Office at Ernakulam, it is submitted. Thus, it is obvious that Ext.P1 is not an order of transfer and the order posting the petitioners at Ernakulam is made only on working arrangement for a period of two months. The learned standing counsel further submitted that after the completion of the aforesaid work, the petitioners would be posted back to Regional Office, Kozhikode. Recording the above submissions, this writ petition is closed. C.T. RAVIKUMAR (Judge) spc W.P.(C) 25582/11 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) 25582/11 4