IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31420 of 2008(M)
1. JAYAPRAKASH.V.,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY SECRETARY
... Respondent
2. DISTRICT TREASUTRY OFFICER,
3. SMITHA.M.,
For Petitioner :SRI.A.M.BABU
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :24/10/2008
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C).No.31420 of 2008 - M
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Dated this the 24th day of October, 2008.
J U D G M E N T
Petitioner, who is an ex-service man and presently an
employee of the Department of Treasuries, was promoted from
the category of Junior Accountant to the category of Senior
Accountant and posted in Sub Treasury, Ernakulam, by Ext.P1
order dated 17.10.2008 passed by the District Treasury Officer,
Ernakulam. At the time when Ext.P1 order was issued, the
petitioner was working as Junior Accountant in the Pension
Payment Sub Treasury, Ernakulam. On promotion, by Ext.P3, he
was posted in Sub Treasury, Ernakulam, as Senior Accountant.
In this writ petition the petitioner challenges Ext.P1 to the extent
it transfers him from Pension Payment Sub Treasury, Ernakulam
to Sub Treasury, Ernakulam. The petitioner contends that his
transfer from Pension Payment Sub Treasury, Ernakulam to Sub
Treasury, Ernakulam is in violation of all transfer norms and that
it is arbitrary and the outcome of a malafide exercise of power.
In my considered opinion, the challenge made by the petitioner
W.P.(C).No.31420 of 2008 – M 2
to Ext.P1 is without merit. The petitioner is transferred from one
office in Ernakulam to another office. The petitioner cannot be
said to be aggrieved by a posting in the same station. The
petitioner has no vested right to claim that even that on
promotion he should not be transferred to any other station.
Even if there is an existing vacancy in the higher post to which an
employee is promoted, it is open to the appointing authority to
transfer and post the promoted employee to another station. In
the instant case, the transfer and posting on promotion was in
another office in Ernakulam itself. This being the situation, the
petitioner cannot claim the reliefs prayed for in the writ petition.
In the result, the writ petition fails and is accordingly
dismissed in limine.
P.N.RAVINDRAN, JUDGE.
bkn/-