Ashok Bhushan, J.

1. Heard the learned counsel for the appellants as well as the learned counsel appearing for the respondent.

2. This Writ Appeal has been filed against the judgment dated 16th July 2014 of the learned Single Judge passed in Writ Petition No. 16786/2014 by which order the Writ Petition filed by the respondent/petitioner has been allowed setting aside the order dated 25th June 2014 by which earlier transfer order dated 24th June 2014 has been set aside.

3. The brief facts of the case need to be noticed for deciding the issues raised in this Writ Appeal is as follows:-

4. The respondent who shall be hereinafter referred to as "the petitioner" entered in service as Office Attendant/Peon in the Kerala State Centre for Advanced Printing & Training on 26-9-1998. He was on deputation in Kerala State Beverages (Manufacturing and Marketing) Corporation Ltd. during the period from 26-2-2009 to 25-2-2014. After termination of deputation, the petitioner was reported in the Head office at Thiruvananthapauram on the forenoon of 26th February, 2014 where he was permitted to join duty.

5. Petitioner submitted a representation on 28-4-2014 for a transfer to the Sub Centre at Alappuzha. That representation was allowed and by order dated 24-6-2014 (Ext.P2), the petitioner was transferred to the Sub Centre at Alappuzha. In pursuance of the order dated 24-6-2014, the petitioner joined duty at the Sub Centre and signed the Time Keeping Register and the joining report was also submitted. But the joining of the petitioner was not accepted. On 25th June 2014, the second respondent issued Ext. P3 order cancelling Ext. P2 order and transferring the petitioner to the Sub Centre at Ernakulam. Aggrieved by the order dated 25th June, 2014, the Writ Petition was filed.

6. Challenging the order of the learned Single Judge, the learned counsel for the appellant, submits that there was no such error in the order dated 25th June 2014 cancelling the earlier transfer order which warrants interference by this Court in exercise of its Writ Jurisdiction. He submits that there being no post available for the petitioner, that order dated 24th June 2014 was cancelled on the next day, after noticing the mistake which was committed in issuing the transfer order, dated 24th June 2014. He submits that the petitioner was not permitted to join duty on 25th June 2014 and hence the transfer order had not been given effect to. Thus, the appellant was fully entitled to cancel Ext. P2 transfer order.

7. Learned counsel for the respondent, refuting the submission of the learned counsel for the appellant, contended that no material was placed before the learned Single Judge to indicate that there was no vacancy at Sub Centre, Alappuzha where the petitioner was transferred on 24th June 2014. He submits that, actually, the transfer order was issued due to malafide, the learned Single Judge has rightly accepting the submissions of the petitioner have set aside the order dated 25th June. He submits that the petitioner's wife is living at Alappuzha and he is also a heart- patient. Considering the submission of the parties and perused records.

8. It is well settled that transfer is incident of service and this Court in exercise of its jurisdiction interfere with the transfer order only when transfer order has been issued in breach of a statutory provision or it is actuated by malafide. It is a case where transfer order dated 24th June 2014 which was passed on the representation of the petitioner was cancelled on the next day. The learned single Judge took the view that since the petitioner has appeared and signed in the time keeping register, the transfer was given effect to and the same could not have been cancelled.

9. We do not subscribe to the above case. It is the own case of the petitioner that he was not permitted to join duty on 24th June 201 4 and it was at the instance of the Sub Centre that his transfer order was cancelled. The Sub Centre, from the