N NIZARUDDIN Vs. STATE OF KERALA

JUDGEMENT

(1.) PRAYER sought in the writ petition is to quash Ext.P4 order to the extent it affects the petitioner. Petitioner also seeks a declaration that he is entitled to continue at the Central Nursery, Kulathupupzha.

(2.) PETITIONER is a Forester. According to the petitioner, he is suffering from chronic migraine and that on his request, by Ext.P2 order dated 10.1.2008, he was transferred and posted to Central Nursery, Kulathupuzha under Thenmala Division, on health grounds. While continuing at the Central Nursery, on 19.6.2010, Ext.P4 order was issued, posting the 4th respondent to the Thenmala Division. Ext.P4 carries an endorsement of the Conservator of Forests to consider the 4th respondent, against the post held by the petitioner. Thereupon apprehending that in implementation of Ext.P4 order, he will be transferred out the petitioner has filed this writ petition and obtained an interim order of stay by order dated 22.6.2010.

(3.) ADMITTEDLY, petitioner is holding a transferable post. Therefore, respondents are competent to order transfer and posting and this court can interfere with an order of transfer only in a case where the transfer order is is vitiated for arbitrariness or mala fides. In this case, one of the contentions raised by the petitioner is by relying on the Government Order providing that an officer in normal circumstances can have a tenure of 3 years in one station. This Government Order, at best, has the force of a guideline and if in the exigencies of service, Government departed from the guidelines and orders transfer of a Government servant, that will not give raise to a cause of action to seek redressal in a proceedings under Article 226 of the Constitution of India. Petitioner who challenged Ext.P4 has already completed two and a half years in the Nursery.