IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 17366 of 2011(U) -------------------------- PETITIONER(S): --------------- K.G.VIJAYAPRASAD, S/O.K.GOVINDAN, AGED 49 YEARS, KOLLAPPILLIL HOUSE, KELAKAM, KANNUR DISTRICT NOW WORKING AS SCHEDULED CASTE DEVELOPMENT OFFICER, GRADE-I, KUNNAMANGALAM BLOCK. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- 1. P.PREMKUMAR, PRESENTLY WORKING AS JUNIOR SUPERINTENDENT, KOZHIKODE DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICER, KOZHIKODE-673001. 2. THE DIRECTOR, SCHEDULED CASTE DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001. ADV. SRI.RENJITH B.MARAR FOR R1 SMT.LAKSHMI.N.KAIMAL FOR R1 SRI.K.J.LATHEESH KUMAR FOR R1 SMT.NITHYA SUGUNAN FOR R1 BY GOVERNMENT PLEADER SRI.P.SANTHOSH KUMAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17366 of 2011(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE PROCEEDINGS DATED 10.06.2011 PASSED BY THE 2ND RESPONDENT. EXT.P2: TRUE COPY OF THE REPRESENTATION DATED 20.06.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. // TRUE COPY // TKS P.S. TO JUDGE C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.17366 of 2011 ---------------------------- Dated 11th August, 2011 JUDGMENT The petitioner who is working as Scheduled Caste Development Officer Grade I filed this writ petition challenging Ext.P1 order of transfer. As per Ext.P1, the petitioner has been transferred from Kunnamangalam Block Scheduled Caste Development Office to Areecode Block Scheduled Caste Development Office. Various contentions have been raised by the petitioner to assail Ext.P1. It is contended that he came to the present office based on the transfer order dated 9.4.2010 and joined there only on 26.4.2010. Further, it is contended that, his aged mother is suffering from paralysis and his son is doing his final year Engineering at K.M.C.T. College of Engineering, Manassery near to Kunnamangalam. It is further stated that, in fact, the petitioner had not made any request for transfer. 2. A counter affidavit has been filed in this writ petition on behalf of the second respondent. It is stated therein that the petitioner had been working in Kozhikode District for the past 10 years or thereabouts. Further, it is stated that Kunnamangalam Block Scheduled Caste Development Office situates about 10 kms. away from Kozhikode District Development Office and the office to which the petitioner is WP(C).No.17366/2011 2 presently transferred situates 14 kms. away from there. In short, the contention of the respondents is that the transfer would not create much difficulties and inconveniences to the petitioner in the said circumstances. Ext.P1 would reveal that the first respondent was working as Junior Superintendent and it was while working as such, that he was granted temporary promotion to the post of Scheduled Caste Development Officer Grade-I. On account of such promotion it has become necessary to transfer the first respondent. It is in the said circumstances and also considering the long stay of the petitioner in Kozhikode District that Ext.P1 was issued transferring the first respondent as Scheduled Caste Development Officer Grade-I at Kunnamangalam Block and transferring the petitioner as Scheduled Caste Development Officer Grade-I at Areecode. The contention of the respondents that the transferred place viz., Areecode Block Scheduled Caste Development Office situates only about 14 kms. away from the District Development Office, Kozhikode has not been refuted by the petitioner. It is thus obvious that the petitioner cannot even contend that he was transferred to a far-off place. Taking into account all the aforesaid aspects, I do not find any reason to interfere with Ext.P1 order of transfer. Therefore, this writ petition is liable to fail. Accordingly, the prayer to quash Ext.P1 order is declined. WP(C).No.17366/2011 3 The learned counsel for the petitioner submitted that on account of peculiar circumstances prevailing in the petitioner's residence his presence at house is inevitable and, therefore, the authorities may be directed to consider the feasibility to grant a suitable posting. In the said circumstances, the second respondent is directed to consider the feasibility of granting a suitable posting to the petitioner nearer to Kunnamangalam in case any vacancy is available. If the petitioner desires to prefer a representation making such a request, he may do so within a period of 10 days from the date of receipt of a copy of this judgment. In case the petitioner prefers such a representation, it shall be considered by the second respondent. Subject to the said liberty, this writ petition is disposed of. Sd/- C.T.RAVIKUMAR Judge TKS