IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WA.No.440 of 2009 ----------------------- AGAINST THE JUDGEMENT IN WPC.27151/2008 Dated 08/01/2009 .................... APPELLANT/ PETITIONER: ---------------------------- P.MOHANAN, PARAMBATH HOUSE, AMALA NAGAR, THRISSUR (WORKING AS DIVISIONAL ACCOUNTANT, KERALA WATER AUTHORITY,THRISSUR) BY MR.T.RAJASEKHARAN NAIR, ADVOCATE. RESPONDENTS/ RESPONDENTS: ------------------------------------ 1. KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (H.R.D.& GL) JALA BHAVAN, KERALA WATER AUTHORITY, VELLAYAMBALAM, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, P.H.DIVISION, KERALA WATER AUTHORITY, THRISSUR. 4. THE EXECUTIVE ENGINEER P.H.DIVISION, KERALA WATER AUTHORITY, NATTIKA. 5. P.S.BABURAJAN, DIVISIONAL ACCOUNTANT, P.H.DIVISION, KERALA WATER AUTHORITY, THRISSUR. BY MR. UNNIKRISHNAN, SC. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------ Writ Appeal No.440 OF 2009 ------------------------------------------ Dated this the 3rd day of March, 2009. J U D G M E N T Kurian Joseph, J. Petitioner in W.P (C)No.27151 of 2008 is the appellant. The petitioner is aggrieved by his transfer from Thrissur to Nattika. The transfer was effected as per order dated 24.12.2007. According to the petitioner, he is entitled to protection on various grounds; i) his disability to the tune of 40%, (ii) he has only less than two years to retire from service. There are other grounds as well. 2. Learned Single Judge, taking note of the fact that the transfer had already taken effect, dismissed the writ petition with the observation that it will be open to the petitioner to file representation. Petitioner submits that he has already submitted his representations as Exhibits P4 and P5. The submissions made by the petitioner are to be considered by the competent authority namely, the first respondent. W.A.No.440/2009 2 Therefore, we set aside the judgment under appeal dismissing the writ petition and dispose of the writ petition directing the first respondent to consider and dispose of Exhibits P4 and P5, adverting to the contentions taken by the petitioner, within a period of one month from the date of production of a copy of this judgment along with a copy of the writ appeal. This writ appeal is allowed. KURIAN JOSEPH JUDGE S.S.SATHEESACHANDRAN JUDGE smp W.A.No.440/2009 3 KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. W.A. No. 440 OF 2009 J U D G M E N T 03.03.2009