The petitioner is aggrieved with the transfer effected as per Ext.P5. As per Ext.P5 the petitioner was transferred from Ernakulam and posted to Kannur. The petitioner submits that he has been transferred thrice in the course of an year. By Ext.P2, the petitioner was transferred from Malipuram-Ernakulam and posted to Vaikom. Again by Ext.P3, from Vaikom, he was shifted back to Ernakulam. Now, there is a transfer made to Kannur. 2. The petitioner relies on the staff regulation which have following guidelines with respect to transfer; specifically i to iv which is extracted hereunder:-
i. An employee can be transferred only if he has put in a minimum of three years of continuous service in a particular place except in the case of promoted employees.
ii. General transfers will be made only during W.P(C) No.19426/2014 ::2::
the summer vacation.
iii. All the Project Officers should work for a minimum period of three years in the northern districts of the State such as Kasaragode, Kannur, Kozhikode and Malappuram.
iv. Class IV employees should not normally be transferred out of their districts.
2. The petitioner submits that he has not completed three years in Ernakulam pursuant to Ext.P3 transfer. The petitioner also relies on the guidelines which normally prohibits such transfer out of the district; of Class IV employees.
3. The respondent has filed a counter affidavit contending that it was only on exigency of service that the petitioner has been transferred. The respondents clearly deny the malafides alleged, insofar as the petitioner having participated in a political rally. The respondents would contend that the net factory at Kannur, of the respondent, W.P(C) No.19426/2014 ::3::
has started a 3rd shift and there was acute shortage of manpower and only in such circumstance, that the transfer was made. The petitioner has filed Ext.P7 representation before the 1st respondent.
3. In such circumstance, the first respondent shall take a decision on the representation, within a period of one month from the date of receipt of a copy of this judgment. The petitioner shall not be shifted till then since there is an interim order from the stage of the admission of the writ petition.
Writ petition disposed of.
jma //true copy// Sd/-
(K. VINOD CHANDRAN, JUDGE) P.A to Judge