SUNIL KUMAR Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The Petitioner belongs to a Scheduled Caste Community. He is a native of Thiruvananthapuram. The Petitioner was appointed as Junior Laboratory Assistant in the Medical College, Thiruvananthapuram on 7.2.2005. While working in the Medical College, Thiruvananthapuram, the Petitioner was transferred to the Dental College, Kottayam, as per Ext. P1 order dated 29.3.2010. Jayakumar, the third Respondent, who was working in the Medical College, Kottayam, was transferred to the Medical College, Thiruvananthapuram, as per Ext. P1 order of transfer. The Petitioner is aggrieved by Ext. P1 order of transfer and also Ext. P16 order dated 24.9.2010 passed by the Government rejecting the representation submitted by the Petitioner objecting to the transfer.

(2.) The contention of the Petitioner is that he being a person belonging to Scheduled Caste, he can be replaced only by another Scheduled Caste candidate. The third Respondent does not belong to a Scheduled Caste. It is therefore contended that Ext. P1 order, in so far as it relates to the Petitioner, is contrary to the guidelines for transfer issued by the Government.

(3.) G.O.(P) 15/89/P & ARD dated 22.5.1989 (Ext. P4) was issued by the Government providing the guidelines for transfer of Government employees. Ext. P4 was issued updating the earlier Government Orders issued in that regard. 0.2(b) of the guidelines provides that no employee who has completed three years of service in a particular station need necessarily be transferred unless there is a claimant who has worked for 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 11 of the guidelines provides for transfer relating to Scheduled Caste and Scheduled Tribe employees and persons belonging to other preferential categories. The order of priority among the different categories of employees are shown in category Nos. 1 to 7, of which the first category is SC/ST employees. Clause 11(a) provides thus: