IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 14TH DAY OF DECEMBER 2011/23RD AGRAHAYANA 1933 WPC.No. 31577 of 2011 (V) ================== PETITIONER(S) ========== 1. B.BABU, PREVENTIVE OFFICER, EXCISE RANGE OFFICE, ADOOR. 2. K.BABU, PREVENTIVE OFFICER, EXCISE RANGE OFFICE, KONNI. 3. K.KRISHNANKUTTY, PREVENTIVE OFFICER, EXCISE RANGE OFFICE, PATHANAMTHITTA. 4. V.K.SURESH, EXCISE GUARD, EXCISE RANGE OFFICE, THIRUVALLA. 5. M.HASSAN KHAN, EXCISE GUARD EXCISE CIRCLE OFFICE, PATHANAMTHITTA. 6. D.SURESH KUMAR, EXCISE GUARD, EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, PATHANAMTHITTA. 7. P.JAYAKUMAR, EXCISE GUARD, KERALA STATE BEVERAGES CORPORATION, PATHANAMTHITTA. 8. S.MANOJ,EXCISE GUARD, EXCISE RANGE OFFICE, ADOOR. 9. K.K.PRASAD,EXCISE GUARD EXCISE CIRCLE OFFICE, MALLAPPALLY. 10. K.SHEFEEK SAHIB,EXCISE GUARD, EXCISE RANGE OFFICE, PATHANAMTHITTA. 11. S.SANIL KUMAR, EXCISE GUARD, EXCISE RANGE OFFICE, ADOOR. 12. K.M.MANOJ, EXCISE GUARD EXCISE RANGE OFFICE, ADOOR. 13. A.AYYOBKHAN, EXCISE GUARD EXCISE RANGE OFFICE, PATHANAMTHITTA. Svs ...........2/-... ..2.. WPC. NO.31577/2011 14. P.T.ABDUL SALAM, EXCISE GUARD EXCISE RANGE OFFICE, PATHANAMTHITTA. 15. R.SANTHOSH, EXCISE GUARD EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, PATHANAMTHITTA. 16. A.HARIKUMAR, EXCISE GUARD EXCISE RANGE OFFICE, PATHANAMTHITTA. 17. J.JOSHUA, EXCISE GUARD, EXCISE RANGE OFFICE, ADOOR. 18. G.VENUKUTTAN, EXCISE GUARD EXCISE RANGE OFFICE, ADOOR. 19. K.REJI, EXCISE GUARD, EXCISE RANGE OFFICE PATHANAMTHITTA. 20. B.RAJEEV, EXCISE GUARD EXCISE RANGE OFFICE, ADOOR. 21. P.BINU, EXCISE GUARD, EXCISE CIRCLE OFFICE, PATHANAMTHITTA. 22. B,SHAJIMON, EXCISE GUARD, EXCISE RANGE OFFICE PATHANAMTHITTA. 23. ALI AHAMMADIN KABEER, EXCISE GUARD, EXCISE RANGE OFFICE, RANNI. 24. V.K.RAJEEV, EXCISE GUARD EXCISE CIRCLE OFFICE, ADOOR. 25. C.ANIL KUMAR,EXCISE GUARD EXCISE RANGE OFFICE, PATHANAMTHITTA. 26. K.C.ANIL, EXCISE GUARD, EXCISE RANGE OFFICE, PATHANAMTHITTA. 27. K.P.AJAYAKUMAR,EXCISE GUARD, EXCISE RANGE OFFICE, MALLAPPALLY. 28. L.PADMAKUMAR,EXCISE GUARD EXCISE CIRCLE OFFICE, MALLAPPALLY. 29. P.S.SARATH, EXCISE GUARD, EXCISE CIRCLE OFFICE, THIRUVALLA. Svs .........3/-.... ...3... WPC. NO.31577/2011 30. K.RADHAKRISHNA PILLAI, EXCISE GUARD, EXCISE RANGE OFFICE, PATHANAMTHITTA. 31. P.PRADEEP, EXCISE GUARD, TRAVANCORE SUGERS AND CHEMICALS THIRUVALLA. 32. M.HUSSAIN AHAMMED, EXCISE GUARD EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, PATHANAMTHITTA. 33. S.S.JAYAKUMAR, EXCISE GUARD EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIA L SQUAD, PATHANAMTHITTA. BY ADVS.DR.K.P.SATHEESAN SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENT(S) =========== 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TAXES DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-1. 2. THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE THIRUVANANTHAPURAM-1. 3. THE DEPUTY COMMISSIONER OF EXCISE, PATHANAMTHITTA, PIN-689 645. BY SR. GOVT. PLEADER SRI.C.M ABDUL KHADEER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 31577/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER NO.DP2-516/2011 DATED 27/05/2011 ISSUED BY THE 3RD RESPONDENT. P2: COPY OF THE ORDER NO.DP2-516/2011 DATED 07/11/2011 ISSUED BY THE 3RD RESPONDENT. P3: COPY OF THE ORDER NO.DP4-2941/2011 DATED 23/11/2011 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.31577 of 2011 --------------------------------------------- Dated this the 14th day of December 2011 JUDGMENT The petitioners are working as Preventive Officers and Excise Guards in the Excise Department. They are presently posted at various places in the Excise Division, Pathanamthitta. They have filed this writ petition challenging Ext.P4 order by which they have been transferred and posted to various stations within the Pathanamthitta Excise Range. The contention of the petitioners is that they had all been transferred as per Ext.P1 transfer order dated 27.5.2011. Since Ext.P1 required some modifications and adjustments, the same was also partially modified thereafter as per Ext.P2 order dated 7.7.2011. It is shortly thereafter that the present order of transfer, Ext.P4 has been issued on 23.11.2011. 2. According to the counsel for the petitioners, the transfer of the petitioners for the second time within a WPC No.31577/2011 2 span of hardly six months is absolutely uncalled for and unjustified. Though it is stated in Ext.P4 that the transfers have been made on the ground of administrative convenience, it is pointed out by the counsel that Ext.P1 also was issued on the very same grounds. Whatever be the administrative convenience involved, it is contended that the authorities are not empowered to effect more than one general transfer in an year. The petitioners, therefore, seek the issue of appropriate directions to quash Ext.P4. 3. A statement has been filed by the third respondent. According to the third respondent, the Pathanamthitta Excise Division encompasses a vast area that includes Sabarimala and remote forest areas. The sanctioned strength of the force is not sufficient to meet the requirements of enforcement, considering the size of the area. Therefore, the available staff members are periodically deployed to and from the various offices for obtaining maximum effectiveness in enforcement. It is also pointed out that the maximum individual utility of WPC No.31577/2011 3 each personnel is required during festive seasons like the Sabarimala festival which has commenced on 15.11.2011. Since liquor is prohibited in many villages in Pathanamthitta District in view of the Sabarimala festival, the presence of sufficient personnel is necessary to enforce the same. It is the further case of the third respondent that being a uniformed force, all Excise personnel are bound to act according to the needs and requirements of the service. Apart from the above, the individual performance of each excise personnel is subjected to evaluation in the monthly and fortnightly conferences of the Heads of Offices and wherever poor performance of excise personnel are detected, action is taken. Further, since the excise personnel are consistently in contact with persons who are engaged in illegal sale, transportation and possession of drugs and illicit liquor, there are chances of such persons trying to influence the officers who are regularly interacting with them. In order to prevent such influence, they are periodically shifted to various stations. Transfers are also WPC No.31577/2011 4 effected where complaints are received from the public. The explanation of the third respondent is that the orders of transfer as per Ext.P4 has been issued considering all the above factors and excluding the persons who are due to retire on 31.3.2012. The transfers are all to places within the jurisdiction of Pathanamthitta District. It is contended that the incumbents do not suffer any considerable hardships or difficulties. 4. I have heard the counsel for the petitioner as well as the learned Government Pleader. 5. In view of the fact that the transfer order Ext.P4 has been issued to deal with the needs of a peculiar situation caused by the Sabarimala festival that is attended by crores of pilgrims from all over the country, it cannot be said that the transfers are unnecessary or without any justification. The situation that requires to be handled is to be assessed by the persons who are at the helm of affairs of the excise force. Since it is contended that the transfers are necessary to deal with and meet the situation that results from the Sabarimala festival, I am WPC No.31577/2011 5 not satisfied that the order of transfer Ext.P4 calls for any interference. However, according to the counsel for the petitioners, the deployment as contemplated by Ext.P4 would become superfluous once the Sabarimala season is over. Therefore, he prays that at least at that point of time, such of those persons who are suffering hardships and difficulties by virtue of the transfer in Ext.P4 may be permitted to seek postings to places that are convenient to them. It is certainly open to the petitioners to point out their difficulties and to submit necessary requests to the third respondent, if in individual cases, difficulties are caused by the continued posting of the incumbents at the stations to which they are transferred by Ext.P4. 6. For the foregoing reasons, this writ petition is dismissed. If any of the petitioners have any difficulty in continuing at their present places of posting, they shall be at liberty to submit appropriate representations or requests to the third respondent after the Sabarimala season is over. If any such representations or requests are received, the third respondent shall consider such WPC No.31577/2011 6 requests on the merits of each individual case and shall pass appropriate orders thereon, in accordance with law, as expeditiously as possible and at any rate within a period of one month of receipt of any such representation. Sd/- K.SURENDRA MOHAN, JUDGE true copy P.S.TO JUDGE css/