RATHEESH DASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is a native of Udayanapuram in Kottayam District and who is now working as Process Server in Sub Court, Tirur, seeks to direct respondents 2 and 3 to consider Ext.P7 transfer application submitted by the petitioner without insisting for completing five years in the category to which transfer is sought.

(2.) The petitioner states that he joined service in the Last Grade Service as Attender Grade-II in the Motor Accidents Claims Tribunal, Tirur which is in Malappuram District on 10/2/2017. The petitioner was promoted as Office Attendant Grade-I on 20/2/2018, as Court Keeper Grade-II on 14/9/2018 and as Court Keeper Grade-I on 16/3/2019. Later, the petitioner was promoted as Process Server on 16/3/2019. The petitioner is now working as such in Sub Court, Tirur in Malappuram District. The petitioner has rendered five years of service as a Last Grade Service Employee.

(3.) The petitioner states that he is governed by the Last Grade Service Special Rules, 1966. Applications of Last Grade Employees for Inter-District Transfer were considered under the provisions of Rule 17(d) until 1980 without any conditions. As the Inter-District Transfers affect the right of PSC candidates, the Government made a stipulation that a person recruited from districtwise rank list will not be transferred to another District before completion of five years in the District of appointment. A relaxation was made to the effect that any employee who wants any transfer from the District of recruitment to any other District will have to get approval from the Council of Ministers. It was also stipulated that only 10% of the vacancies arising in the District in a year in the category in a Department will be filled by Inter-District Transfer.