MOHAMMED RAFI M.K Vs. KERALA WATER AUTHORITY

JUDGEMENT

(1.) THE petitioner, who was working as an Operator under the respondent Water Authority in the Head Works Section, Mavoor from 1.7.2010 onwards has been caused to be transferred to Kondotty in Malappuram district, which forms the subject matter of challenge in this writ petition.

(2.) THE case of the petitioner is that, he has not completed three years to have the minimum tenure in the station. On 20.09.2012, he was on leave and on 22.09.2012, the petitioner was given to understand by the concerned Assistant Engineer over telephone that the petitioner stood relieved from the office pursuant to the transfer and in his place second respondent has been brought in, which made the petitioner to approach this Court by filing the present writ petition, challenging the course and proceedings pursued by the respondents on many a ground.

(3.) ADMITTEDLY , there is no case for the respondents/ Water Authority that Ext.R1(c) transfer order has been passed pursuant to any 'administrative exigency'. This is more so, when no such public interest or administrative exigency is even referred to in Ext.R1(c) order dated 20/09/2012. It has been categorically asserted by the third respondent in paragraph 3 of the counter affidavit, that it was after considering the grievance projected by the second respondent vide Ext.R1(a) representation in respect of disability and such other circumstance, that his case was considered and it was in order to accommodate him in Mavoor Section, that the petitioner came to be transferred to Kondotty, vide Ext.R1(c).