LAWS(KER)-2011-3-238

T A SIVADAS Vs. STATE OF KERALA

Decided On March 15, 2011
T.A.SIVADAS Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THE petitioner is working as a Live Stock Inspector Grade-I at the I.C.D.P. Sub Centre, Inchakundu in Thrissur District. He came to that station in May 2008. THE petitioner is aggrieved by the untimely transfer by Ext.P1 order by which the petitioner has been transferred to R.P. Unit, Thrissur. THE petitioner submits that this transfer has been effected for political reasons to favour the 4th respondent who has been transferred in the petitioner's place. THE petitioner therefore seeks the following reliefs:

(2.) I have heard the learned Government Pleader also. The learned Government Pleader points out that, as is clear from Ext.P1, 39 persons have been transferred and the same is in the nature of a general transfer. I am not inclined to accept the contention of the learned Government Pleader that Ext.P1 is in the nature of a general transfer insofar as general transfers are effected only after the academic year for schools and colleges are over so as not to inconvenience employees. Further in Ext.P1 it is specifically stated that the transfers are in the exigencies of service. If it was a general transfer it was not necessary to state that it is in the exigencies of service. In any event insofar as the elections have been declared and the transfer is in the middle of the year, I am of opinion that, Ext.P1 order should not be implemented before the elections are over. Accordingly this writ petition is disposed of with a direction to the respondents 1 to 3 not to implement Ext.P1 transfer till 31.05.2011 in respect of the petitioner.