IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11731 of 2009(J)
1. P.R.SOMAN,AGED 53 YEARS,
... Petitioner
Vs
1. THE MANAGING DIRECTOR,
... Respondent
2. THE DISTRICT TRANSPORT OFFICER,
3. ASSISTANT TRANSPORT OFFICER,
4. ASSISTANT TRANSPORT OFFICER,
For Petitioner :SRI.R.SANTHOSH BABU
For Respondent :SRI.K.PRABHAKARAN, SC, K.S.R.T.C.
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :25/05/2009
O R D E R
THOTTATHIL B RADHAKRISHNAN, J
...........................................
WP(C).NO. 11731 OF 2009
............................................
DATED THIS THE 25TH DAY OF MAY, 2009
JUDGMENT
Standing counsel takes notice.
2. The petitioner, a Store Assistant in the service of the first
respondent was shifted from the depot in Chengannur to the
depot in Mavelikkara. He says that the reasons attributable to
his ill health as disclosed by the materials on record require his
continuance in Chengannur, rather than being shifted to
Mavelikkara. He pleads that there is no exigency for the transfer
though the order of deployment states that it is in exigency of
service. This is not a matter in which the writ court is to interfere
and the petitioner could get appropriate relief, if entitled to, in
the event of the first respondent, Managing Director considering
and disposing of Ext.P3 in accordance with law. It is clarified that
there is no inhibition by this judgment for the petitioner to
officiate in Mavelikkara, the depot to which he has been shifted.
That will however be subject to final decision that the first
respondent Managing Director would render on Ext.P3.
WP(C) 11731/2009 2
In the result, this writ petition is ordered directing that the
first respondent will take up Ext.P3 and issue a decision thereon
within a period of one month from the date of receipt of a copy of
this judgment.
THOTTATHIL B RADHAKRISHNAN,
JUDGE
lgk/25/5