LIJU P. Vs. INSTITUTE OF HUMAN RESOURCES DEVELOPMENT

JUDGEMENT

(1.) THE petitioner has filed this writ petition aggrieved by Ext.P4 order of transfer. The petitioner is a Last Grade Servant under the 2nd respondent presently posted at Karunagappally. As per Ext.P4, he has been transferred to Kundara. According to the petitioner, the transfer is vitiated by extraneous consideration and personal animosity. It is alleged that on 22.09.2012 at 4.30 pm the petitioner sought permission to leave the office for the purpose of taking his wife to the hospital since she was sick. However, the 2nd respondent refused to grant such permission. Consequently, the petitioner's wife could not be given medical treatment, leading ultimately to an abortion. It is the case of the petitioner that in connection with the said incident, the other employees had questioned the 2nd respondent. It is alleged that the present transfer is out of the said animosity.

(2.) ACCORDING to the counsel for the petitioner, there are only two posts of Last Grade Servants at Kundara in which one Smt. Ajitha and one Sri. Dias are already working. Therefore the petitioner has been transferred to a nonexistent post. Though the petitioner has submitted Ext.P5 representation to the 1st respondent, it is contended that no orders have been passed thereon till date.

(3.) THE above contentions are refuted by the petitioner, who has filed a reply affidavit producing Exts.P6 to P9 documents. Placing reliance on Ext.P7, it is contended that there are only two posts at Kundara in which already two persons are working. Adv. Sri. V.A. Muhammed on the other hand points out with reference to Ext.P4 that one of the persons at Kundara has been transferred to Karunagapally as per Ext.P4 transfer order. For the above reason, it is contended that there is a vacancy for the petitioner to be posted. However, the petitioner's counsel points out that consequent to a revision of the staff strength also, the petitioner's transfer is vitiated since there was a reduction in one post at Karunagapally. The petitioner has been transferred out, being the junior most among the three new comers. The above contention is also disputed by the counsel for the petitioner. According to the counsel, the entire exercise has been done for the purpose of favouring one Smt. Radha who is working as a sweeper cum peon at Karunagappally.