P K VIJAYAKUMARI Vs. STATE OF KERALA

JUDGEMENT

(1.) Order of the Government dated 11-10-2004, a copy of which is produced as Ext. P1, is the subject matter of challenge in this writ petition. The text of the order runs as following:

(2.) Smt. P. V. Asha, counsel appearing for the petitioner, submits that it was a case where the petitioner had been working in different stations and on promotion as Deputy Director only with effect from 10-11-2000 she had been posted at Thrissur. During the period concerned, she had been given the additional charge of Deputy Director of Palakkad and Malappuram. While she was undergoing casual leave, without any previous information, the third respondent had come and assumed charge as Deputy Director at Thrissur displacing the petitioner.

(3.) The contentions are that (1) there was no request for transfer, requiring a mutual transfer; (2) there was no public interest involved and (3) the norms had been unduly violated. Her legitimate expectation as a member of Scheduled Caste community for continuing for a minimum period of five years had been violated and the order has disrupted her family life. Further, the third respondent had come to be promoted as Deputy Director only in October, 2003 and she is junior to the petitioner and normally postings are given in important stations taking into account the seniority and experience. The circumstance that the third respondent could obtain a transfer even before completing one year at Kottayam, according to the petitioner, shows that there was undue influence exerted.