BASHEER J. Vs. STATE OF KERALA

JUDGEMENT

(1.) THE unsuccessful petitioner in WP (C) No. 20425 of 2010 preferred this appeal aggrieved by the dismissal of the said writ petition by judgment dated 01/07/2010.

(2.) THE appellant was posted in the Directorate of Treasuries as a Junior Superintendent at Thiruvananthapuram by an order dated 13/04/2010. Shortly thereafter, i.e. on 26/06/2010, by another order Ext. P4, he was transferred from Thiruvananthapuram to Kottayam. Therefore, the appellant approached this Court by way of the abovementioned writ petition challenging Ext. P4 transfer order. The writ petition was filed essentially on the ground that the appellant, who is due to retire on 31/03/2011, is sought to be transferred contrary to certain executive instructions issued by the State in GO (P) No. 12/04 / P&ARD dated 10/09/2004 read with GO (P) No. 13/2000 / P&ARD dated 27/04/2000. The relevant Clauses relied on by the appellant in his writ petition are as follows: "Clause 3 'No employee who has completed 3 years of service in a particular station need necessarily be transferred unless there is a claimant who has worked three years in an outside station to be provided there; or unless a transfer of the existing incumbent has become necessary in public interest.' Clause 13 'Employees who have only two years to retire maybe posted to vacancies in Stations of their choice, giving preference to those who are due to retire earlier.'"

(3.) THE only submission made by the learned counsel for the appellant is that the allegation of unsatisfactory performance of his duties made against the appellant tantamount to attaching a stigma to the order of transfer and therefore such an order which can be passed without complying with the requirements of the principle of natural justice is required to be held illegal.