IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 22073 of 2010(H) -------------------------- PETITIONER(S): --------------- K.VIJAYAN, S/O.P.KRISHNA PILLAI, DEPUTY DIRECTOR OF AGRICULTURE (TRAINING), PRINCIPAL AGRICULTURE OFFICE, CIVIL STATION, THIRUVANANTHAPURAM, RESIDING AT H.NO.BSNRA-99/A, NALAMCHIRA, MUTHOLAKKAL.P.O., THIRIVANANTHAPRUAM. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURE (ESTT.A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 1 . 2. THE DIRECTOR OF AGRICULTURE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 1 . 3. SMT.J.MEERA SENAN, DEPUTY DIRECTOR OF AGRICULTURE (T), KOLLAM - 1. MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.22073 of 2010 (H) --------------------------------- Dated, this the 21st day of July, 2010 J U D G M E N T The petitioner is working as Deputy Director (Training) in the Department of Agriculture. He is due for retirement on 31/03/2011. He has been working at Thiruvananthapuram since 18/08/2008. While so, by Ext.P1 order dated 12/07/2010 he has been transferred to Kollam as Deputy Director of Agriculture (Training). It is this order which is under challenge. 2. Going by the pleadings in the writ petition, there were some proceedings against the 3rd respondent, who was posted at Kollam; and as the 3rd respondent had to be shifted, the petitioner is also ordered to be shifted and posted in the 3rd respondent's place and the 3rd respondent is posted in his place. 3. In view of the above averments in the writ petition, learned Government Pleader was directed to obtain instructions in the matter. Accordingly, he has obtained instructions and submits that as stated in Ext.P1, it was based on a recommendation made by WP(C) No.22073/2010 -2- the Director of Agriculture that the petitioner was ordered to be transferred from Thiruvananthapuram. It is stated that the report was to the effect that the performance of the petitioner was not satisfactory. I have no reason to doubt the genuineness of the submission made by the learned Government Pleader. In the opinion of the Director of Agriculture, if the petitioner was not discharging duties in the manner he is expected to, this Court will not be justified in finding fault with the Director in making a report against the petitioner, or the Government in shifting the petitioner from the post now held by him. Therefore, I do not find anything illegal warranting interference with Ext.P1. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg