VIJAYAKUMAR SON OF PRABHAKARAN Vs. KERALA WATER AUTHORITY

JUDGEMENT

(1.) This writ appeal is filed under Sec. 5(i) of the Kerala High Court Act, 1958, by the petitioner in W.P.(C) No.34954 of 2024, being dissatisfied by the judgment dtd. 14/1/2025 passed by the learned Single Judge whereby the writ petition filed by the petitioner under Article 226 of the Constitution of India seeking a writ of Certiorari to quash Ext.P5 order of transfer dtd. 1/10/2024 issued by the 4th respondent Deputy Chief Engineer (General), Kerala Water Authority transferring the appellant to PH Sec. , Kozhinjampara from Palakkad Water Supply Scheme Sec. ( 'PWSS Sec. ' in short), Malampuzha and permit him to continue in the present station was dismissed.

(2.) According to the appellant, he is a differently abled person with 60% locomotor disability, presently working as Head Operator in the 1st respondent Water Authority in the PWSS Sec. , Malampuzha since 20/3/2010. As per the Government orders, differently abled persons having disability of 60% and above are given protection from transfer. Apart from protecting such persons from transfer for 5 years, the protection in the post has been extended until any other person with disability of 60% and above makes a claim for the very same post. It was in violation of such norms, Ext.P5 transfer order was issued by the 4 th respondent transferring the appellant to a distance of 15 kilometers away from his house. Hence, the appellant filed the writ petition.

(3.) By noting that as per the order dtd. 16/5/2024, the Government has granted permission to transfer differently disabled persons on completion of 5 years in a station, to the next station or if no vacancy is available in the next station to the immediate next district and also noting that the place to which the appellant was transferred is only 15/17 kilometers away from his residence which is not in violation of service conditions or malafide or arbitrary, the learned Single Judge dismissed the writ petition.