IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 30TH APRIL 2010 / 10TH VAISAKHA 1932 WP(C).No. 14128 of 2010(M) -------------------------- PETITIONER(S): --------------- RAJIN SASI V., LOWER DIVISION CLERK, O/O.DEPUTY DIRECTOR OF PANCHAYATH, THRISSUR. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF PANCHAYATH, THRISSUR. 4. VISAL E.VASUDEV, LOWER DIVISION CLERK, ADAT GRAMA PANCHAYATH, THRISSUR. BY G.P.SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No.14128 of 2010 ---------------------------- Dated 30th April, 2010 JUDGMENT The petitioner who was working as Lower Division Clerk in the office of the Deputy Director of Panchayats, Thrissur has filed this writ petition challenging Ext.P4 order dated 26.4.2010 issued by the Deputy Director of Panchayats, Thrissur transferring him to Cherpu Grama Panchayat. 2. The pleadings disclose that the petitioner was placed under suspension by order dated 19.11.2009 issued by the State Government. The petitioner challenged the said order by filing W.P. (C)No.33866 of 2009 in this Court. Taking note of the fact that the petitioner had already moved the Government invoking the power under Rule 10(6) of the Kerala Civil Services (Classification, Control & Appeal) Rules, this Court disposed of the said writ petition by Ext.P2 judgment with a direction to the Government to consider the representation filed by the petitioner and to take a decision thereon. Pursuant to the said direction, the Government passed Ext.P3 order dated 12.3.2010 reinstating the petitioner in service. In that order, the Government also directed that he should be transferred out to WP(C).No.14128/2010 2 another Panchayat and proceedings initiated against him for imposition of minor penalty. Shortly thereafter by Ext.P4 order dated 26.4.2010 the petitioner was transferred to Cherpu Grama Panchayat. The fourth respondent is the substitute appointed in the petitioner's place. It is this order of transfer which the petitioner challenges in this writ petition mainly on the ground that it is one engineered by Sri.Mohanan with whom he is not on good terms. 3. In my opinion, on the terms of Ext.P3 oder, the Deputy Director of Panchayats was bound to transfer the petitioner. Therefore, it is not necessary for this Court in this proceedings to consider whether the order of transfer is one engineered by Sri.Mohanan who is not a party to the writ petition. Further, the transfer of the petitioner is from Thrissur to Cherpu which is less than 20 Kms. away from Thrissur. Thrissur and Cherpu are well connected by road. In such circumstances, it cannot be said that by transfer to Cherpu the petitioner is put to any serious inconvenience. I accordingly hold that there is no merit in the writ petition. The writ petition fails and is accordingly dismissed. It is clarified that I have not expressed any opinion on the petitioner's contentions regarding the disputes with Sri.Mohanan and that the dismissal of this writ petition will not stand in the way of the WP(C).No.14128/2010 3 petitioner moving the Government seeking transfer to another station. P.N.RAVINDRAN Judge TKS