The main legal point established is that the authority ordering a transfer must have the power and competence to do so, as specified by the relevant regulations and legal provisions.

Whether Ext.P4 order dated 08.02.2012, transferring the service of the petitioner as ordered by the third respondent is within the power, reach and competence of the third respondent, is the legal question involved. Factual position is that, as per the transfer order, the petitioner has been shifted only from Thripunithura to Ernakulam, which in no way does impress this Court to call for any interference, but for the legal question.

2. The case of the petitioner is that, the petitioner is a person belonging to forward community, but having contracted marriage with a member of Scheduled Caste, is eligible for certain benefits by virtue of the inter-caste marriage. The petitioner was earlier transferred to the office of Chief Engineer, Central Region, Kochi-11, which was sought to be intercepted by filing O.P. No. 19020/2002. It was disposed of vide Ext.P1, directing to consider the representation preferred by the petitioner. Thereafter, the petitioner was given a transfer to Thripunithura and was continuing there. In the meanwhile, the petitioner was again transferred to the Project Division at Piravom, which was the subject matter of challenge in W.P.(C). No. 33453/2008, wherein interference was declined and the writ petition was dismissed as per Ext.P2 judgment dated 13.11.2008, placing reliance on the decision rendered by the Apex Court as reported in State of U.P. And Others v. Gobardhan Lal (2004 (11) SCC 402).

3. Later, in the year 2008, the petitioner was transferred again to Public Health Division, which was challenged in W.P.(C). No. 22954 of 2009. The said case was dismissed declining interference and hence took up in appeal by way of W.A. No. 2202/2009. The said appeal was disposed of, directing the representation preferred by the petitioner to be considered by the Chief Engineer. It was favourably considered and the petitioner was transferred by shifting the post to the present office of the second respondent, i.e., the Water Supply Sub Division, Tripunithura vide Ext.P3. According to the petitioner, he joined there on 30.11.2009 and the minimum tenure is still to be completed. It was in the meanwhile, that the petitioner was transferred again vide Ext.P4 order dated 8.2.2012, which in turn is challenged in this writ petition.

4. Initially, there was an interim order passed by this Court intercepting the transfer, which however came to be vacated as per order dated 28.5.2012, more so, when the transfer was only from Tripunithura to Kochi, a place situated hardly 10 km apart. However, the learned counsel for the petitioner very much presses for the relief’s, particularly with reference to the lack of power and competence for the third respondent to effect the transfer and in the light of the dictum laid down by the Apex Court holding that, if the transfer is totally without power or jurisdiction, it will stand vitiated (State of U.P. And Others v. Gobardhan Lal 2004 (11) SCC 402).

5. In the course of hearing, the learned counsel for the petitioner submits that the respondent Water Authority has framed Regulations, namely, Kerala Water Authority (Powers of Employees) Regulations, 1998, invoking the power under Section 65(2) of the Kerala Water Supply and Sewerage Act, 1986, by virtue of which, though the power of appointment is vested upon the authorities mentioned in Clause 1.01 of Appendix-1 including upon the 3rd respondent, the authorities who are vested with the power of transfer and postings are separately dealt with under Clause 1.02, where the 3rd respondent does not find a place. Ext.P4 order is sought to be intercepted in the circumstance.

6. The learned Standing Counsel for the respondent Water Authority submits that, the transfer by virtue of Ext.P4 was necessitated only pursuant to shifting of certain posts because of administrative exigency, as ordered by the first respondent vide Ext.R1(a). Ext.P4 is only a consequential order and this being the position, no interference is liable to be made. It is