IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 23937 of 2009(J) ----------------------------------- PETITIONER(S): ---------------------- M.MOHAMMED ASHARAF, U.D.CLERK, A.E.O.'S OFFICE, NEYYATTINKARA, (UNDER ORDERS OF TRANSFER TO GOVERNMENT HIGH SCHOOL, ILAMBA). BY ADV. SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) SRI.LUIZ GODWIN D'COUTH SRI.K.P.CHANDRASEKHAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 3. THE ADMINISTRATIVE ASSISTANT, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 4. THE ASSISTANT EDUCATION OFFICER, A.E.O.'S OFFICER, NEYYATTINKARA. 5. L.JAYALATHA, L.D.C., OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. (NOW POSTED TO A.E.O. OFFICE, NEYYATTINKARA). SR.GOVT.PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------------------------------------ W.P.(C) No. 23937 of 2009-J ------------------------------------------------ Dated this the 26th day of August, 2009 JUDGMENT Heard Sri.P.Santhosh Kumar, the learned Counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Senior Govt.Pleader appearing for respondents 1 to 4. 2. The petitioner, who was working as U.D.Clerk in the office of the Assistant Educational Officer, Neyyattinkara, has filed this Writ Petition aggrieved by his transfer to Govt.High School, Ilamba by Ext.P1 order of transfer issued by the Administrative Assistant in the office of the Deputy Director of Education, Thiruvananthapuram. Ext.P1 states that the petitioner is being transferred out in order to ensure efficiency in administration and to maintain discipline. The learned Govt.Pleader appearing for respondents 1 to 4, on instructions, submits that the petitioner was transferred out in view of the report filed by the Asst.Educational W.P.(C) No.23937/2009-J 2 Officer to the effect that he frequently commits acts of insubordination and also misbehaves to teachers and others. A copy of the report sent by the Asst.Educational Officer to the Deputy Director of Education, Thiruvananthapuram was also made available to me. I have gone through the same. In my opinion, in the light of the facts disclosed in the report sent by the Asst.Educational Officer, it cannot be said that the order transferring the petitioner was not warranted. A learned Single Judge of this Court has in Ramachandran Nair v. Director of Training, ILR 1992 (2) Ker.149, held that transfer intended to ensure efficiency in administration and maintenance of discipline cannot be interfered with. I therefore find no justification to interfere with Ext.P1. 3. The learned counsel for the petitioner, however submits that by Ext.P1 the petitioner is transferred to a station which is 75 kms. away from Neyyattinkara, his home town. In my opinion if the petitioner is aggrieved by the posting given to him on transfer, he has to move the higher authorities seeking transfer to another station nearer to his home town. I accordingly direct that in the event of the W.P.(C) No.23937/2009-J 3 petitioner filing an appropriate representation before the Government seeking transfer and posting to a station nearer to his home town, the Government shall consider the same and pass orders thereon expeditiously and in any event, within six weeks from the date on which such a representation is received from the petitioner. 26/8/2009 P.N.RAVINDRAN, JUDGE. dkr