High Court Kerala High Court

N.A.Santhosh Kumar vs The Director Of Agriculture on 19 July, 2010

Kerala High Court
N.A.Santhosh Kumar vs The Director Of Agriculture on 19 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20183 of 2010(W)


1. N.A.SANTHOSH KUMAR, HEAD CLERK,
                      ...  Petitioner

                        Vs



1. THE DIRECTOR OF AGRICULTURE,
                       ...       Respondent

2. THE ASSISTANT EXECUTIVE ENGINEER(AGRL),

3. STATE OF KERALA,

4. P.RAMACHANDRAN, HEAD CLERK,

                For Petitioner  :SRI.N.N.SUGUNAPALAN (SR.)

                For Respondent  :SRI.MOHAN JACOB GEORGE

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :19/07/2010

 O R D E R
                          ANTONY DOMINIC, J.
                           ---------------------------
                       W.P.(C) No. 20183 OF 2010
                           --------------------------
                   Dated this the 19th day of July, 2010

                            J U D G M E N T

The petitioner and the fourth respondent were working as UDC

in the Agriculture Department.

2. By Ext.P1 order, they were promoted to the post of Head

Clerk. Thereupon the petitioner was posted to Principal Agricultural

Office, Kannur and the fourth respondent to Thrissur.

3. From Ext.P5 order, it would appear that in pursuance to

Ext.P1 order, petitioner joined duty at Agricultural Office, Kannur on

10.5.2010 and entered on casual leave from 11.5.2010. On account of

this, due to administrative exigencies, the Principal Agricultural Officer,

Kannur transferred the petitioner to Chalode and a person working at

Chalode was transferred and posted in his place.

4. In the meanwhile the petitioner and the fourth respondent

represented against the order transferring and posting them. Ext.R4(b) is

the representation filed by the fourth respondent. The complaint of the

fourth respondent was that while he was transferred, his juniors were

retained at Thiruvananthapuram. He also stated that two vacancies of

UDCs and Head Clerks are to arise soon and therefore his claim for

posting at Thiruvananthapuram should be considered against one of

those vacancies.

5. While the fourth respondent’s claim was thus engaging the

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attention of the respondents, Ext.P2 order dated 23.6.2010 was issued

transferring the petitioner to Thiruvananthapuram and according to the

petitioner, he joined duty on 25.6.2010. It is stated that thereupon the

fourth respondent complained that his claim for posting to

Thiruvananthapuram was over looked and that the petitioner who is junior

to him was posted. Apparently, in order to remedy the situation, Ext.P3

order dated 25.6.2010 was issued transferring and posting the third

respondent to Thiruvananthapuram and the petitioner was transferred to

Thrissur. It was thereupon the petitioner has filed this writ petition

challenging Ext.P3 order transferring him to Thrissur.

6. The contention raised by the petitioner is that Ext.P3 order

transferring him and the fourth respondent would appear to be a mutual

transfer and that he did not consent to any such mutual transfer. It is also

stated that in pursuance to Ext.P2, he joined duty at Thiruvananthapuram

on 25.6.2010 and therefore there was no justification in transferring him

immediately thereafter.

7. From the facts as pleaded by the fourth respondent, it is

obvious that when he was posted to Thrissur, he filed a complaint to the

effect that his juniors have been retained at Thiruvananthapuram itself and

that he has been posted at Thrissur, ignoring his seniority. Admittedly, the

fourth respondent is senior to the petitioner also. Pleadings would show

that it was over looking the representation filed by the fourth respondent

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that Ext.P2 order issued on 23.6.2010 transferring and posting the

petitioner from Chalode to Thiruvananthapuram. When that mistake was

pointed out, Ext.P3 order was issued on 25.3.2006 correcting the mistake

and posting the fourth respondent to Thiruvananthapuram and

accommodating the petitioner at Thrissur in the post vacated by the fourth

respondent. An administration order, issued in such circumstances,

cannot be said to be an arbitrary exercise of power nor cannot be said to

be vitiated by any mala fides. Therefore, I am not persuaded to interfere

with Ext.P3 order.

8. Be that as it may, the petitioner contends that since his juniors

are retained at Thiruvananthapuram, there is no justification in posting him

at Thrissur. If he has such a contention, it is up to the petitioner to take up

the matter before the first respondent in which event it is directed that the

first respondent should consider the same and pass appropriate orders.

The writ petition is disposed of as above.

ANTONY DOMINIC
(JUDGE)
vps

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