IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WA.No. 2406 of 2009() --------------------- AGAINST THE JUDGMENT IN WPC.22013/2009 Dated 25/08/2009 .................... APPELLANT(S): PETITIONER ------------------------ BALAN.C., WARDER, CENTRAL PRISON, POOJAPPURA, THIRUVANANTHAPURAM,HAVING RESIDENCE AT KAIPPADAMKUNNU VEEDU, KAKKAVAYAL.P.O. WAYANAD. BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY HOME DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. THE ADDITIONAL DIRCTOR GENERAL OF POLICE(PRISONS), PRISONS HEAD QUARTERS, POOJAPPURA, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT, CENTRAL PRISON, POOJAPPURA, THIRUVANANTHAPURAM. SENIOR GOVT.PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 2406 OF 2009 --------------------------------------------- Dated this the 29th day of October, 2009 JUDGMENT Kurian Joseph, J. The Writ petitioner is the appellant. He approached this court with the following prayers: I) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to give transfer to him in the native district with retrospective effect i.e from the date of available vacancy of Warder in Wayanadu district after the receipt of Ext.P1 by the 2nd respondent and also to assign seniority to the Appellant from that date onwards. II) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to consider and pass orders on Ext.P10, within a time limit to be prescribed by this Hon'ble Court. 2. The learned Government Pleader submitted before the learned Single Judge that though there was no vacancy, in the peculiar circumstances, writ petitioner can be accommodated at Vaithiri Sub Jail by transferring one of the incumbents presently occupying the position. However, the petitioner insisted for a retrospective transfer. It is his case that after he made an W.A.NO.2406 of 2009 2 application in the year 2003, several of his juniors had been transferred and in case he is now transferred to Wayanad District, he will be the junior most of all those juniors who have secured transfer prior to him. Learned Government Pleader submits that though the petitioner/appellant had submitted application in the year 2003, in that year the application could not have been considered as per the norms and in case the petitioner is interested in getting a transfer to Wayanad, he should have responded to the call made every year for such inter- district transfer. According to the counsel for the petitioner, the petitioner/appellant had submitted applications/representations. Be that as it may, the petitioner has only two grievances:- (i). He wants a transfer to Wayanad. (ii). He wants his seniority to be protected. 3. As far as transfer is concerned, the learned Government Pleader submits that the accommodation at Vaithiri sub jail can be worked out immediately. As far as the seniority is concerned, that is a matter to be considered by the Government with notice to the affected parties and to be agitated separately. 4. In the above circumstances, we set aside the judgment of the learned Single Judge. There will be a direction to the respondents to transfer the petitioner/appellant to Vythiri sub jail immediately. It will be open to the appellant to submit a representation regarding his claim for seniority in which W.A.NO.2406 of 2009 3 case the matter will be considered by the Government with notice to the petitioner and also the affected parties within six months of receipt of a copy of the representation. The Writ Appeal is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE spc