Interference with transfer orders is warranted only if vitiated by mala fides or arbitrariness.

JUDGMENT :

C.S. Dias, J.

1. The petitioner is aggrieved by Ext. P4 order transferring him from the Thiruvananthapuram office to the Malappuram office of the 1st respondent.

2. The petitioner had joined the first respondent Board as a Lower Division Typist in the year 1993. He was promoted to the post of U.D. Typist, Junior Co-operative Inspector, Senior Cooperative Inspector, Senior Co-operative Inspector, Senior Cooperative Inspector (Spl. Gr.) and is presently working as Assistant Registrar.

3. It is the case of the petitioner that he is an active worker of the Kerala State Khadi Board Employees Union and has been holding the responsibilities of working Chairman and General Secretary. Due to his relationship with union, at the instigation of a rival union, the petitioner was earlier transferred by the second respondent without the authority of the Board of the first respondent. The transfer was stayed by Ext. P1 order passed by this Court. Accordingly, the petitioner is continuing at the District Office.

4. The petitioner's father was a freedom fighter. After he passed away, the benefits of a freedom fighter have been conferred on his mother. By virtue of Ext. P3, the Government has ordered that the children of freedom fighters should be given preference in the matter of transfer and posting. The petitioner is the only member in his family to look after to his aged and infirm mother.

5. While so, the petitioner has been promoted as Project Officer as per Ext. P4, but has been transferred and posted to the Malappuram Office of the first respondent. According to the petitioner, almost all persons who have been promoted along with him, have been retained at their respective offices. The transfer has been effected at a time when there is no public transport system in the State. Moreover, in the spate of daily increasing corona virus, the petitioner has been shunted to Malappuram. Although the petitioner has made Ext. P5 representation to the second respondent, no action has been taken. The petitioner has also submitted Ext. P6 representation to the third respondent, ventilating his grievances. He prays that his transfer may be stayed as long as the threat of Covid-19 pandemic looms large all over the world, particularly in Malappuram District. The petitioner contends that Ext. P4 is mala fide and illegal and, therefore, the same is to be quashed to the extent it orders the petitioner's posting at Malappuram.

6. The second respondent has filed a statement. The respondents have refuted the allegations in the writ petition. It is the case of the respondents that the petitioner who joined service in 1993, was promoted from time to time and he is at present working as Assistant Registrar. He has been promoted as Project Officer and posted to Malappuram District, where there is a vacancy. The promotion and posting of the petitioner is purely on the basis of administrative convenience and public interest. The petitioner is attempting to characterize his promotion and posting at Malappuram, to be out of union rivalry. Ext. R1(a) relieving order has been passed on 11.6.2020, on the basis of the proceedings held on 5.6.2020 by the Board. The respondents have not received Ext. P5 as alleged in the writ petition. The petitioner has been working at Thiruvananthapuram, from the date of joining the Board, for the last 27 years. As per Ext. P4, 26 employees have been transferred and posted in different offices of the Board. All the other employees have joined their respective stations, as ordered by Ext. P4. It is the specific contention of the respondents that Ext. P2 does not reveal that the petitioner is the son of a freedom fighter. The petitioner has not been discriminated by the Board. The Board has transferred some Project Officers during the last few months. Some Deputy Directors are retained in the Project Offices, especially in the northern part of Kerala, for the purpose of effective development of the Village Industries. Transport faciliti