Point of Law: Judiciary is custodian of constitutional principles which are essential to maintenance of rule of law.

JUDGMENT :

The petitioner, who is a native of Udayanapuram in Kottayam District and who is now working as Process Server in Sub Court, Tirur, seeks to direct respondents 2 and 3 to consider Ext.P7 transfer application submitted by the petitioner without insisting for completing five years in the category to which transfer is sought.

2. The petitioner states that he joined service in the Last Grade Service as Attender Grade-II in the Motor Accidents Claims Tribunal, Tirur which is in Malappuram District on 10.02.2017. The petitioner was promoted as Office Attendant Grade-I on 20.02.2018, as Court Keeper Grade-II on 14.09.2018 and as Court Keeper Grade-I on 16.03.2019. Later, the petitioner was promoted as Process Server on 16.03.2019. The petitioner is now working as such in Sub Court, Tirur in Malappuram District. The petitioner has rendered five years of service as a Last Grade Service Employee.

3. The petitioner states that he is governed by the Last Grade Service Special Rules, 1966. Applications of Last Grade Employees for Inter-District Transfer were considered under the provisions of Rule 17(d) until 1980 without any conditions. As the Inter-District Transfers affect the right of PSC candidates, the Government made a stipulation that a person recruited from districtwise rank list will not be transferred to another District before completion of five years in the District of appointment. A relaxation was made to the effect that any employee who wants any transfer from the District of recruitment to any other District will have to get approval from the Council of Ministers. It was also stipulated that only 10% of the vacancies arising in the District in a year in the category in a Department will be filled by Inter-District Transfer.

4. The petitioner states that the basic criteria to be fulfilled for considering an employee for Inter-District Transfer is to complete five years service and to take juniormost rank in another District without reverting to entry cadre. The 1st respondent as per Ext.P3 letter dated 04.02.2020 clarified that an employee working in a promoted post in Last Grade Service can be granted Inter-District Transfer to another unit in the same Department after completing five years service in the District of recruitment without being reverted to entry cadre. Unfortunately, the Deputy Registrar of the High Court of Kerala, without following Government Orders, is still insisting for reverting the Process Servers to the entry cadre of Office Attendant Grade-II for Inter-District Transfer.

5. The petitioner states that certain Process Servers who applied for Inter-District Transfer challenged Ext.P5 memorandum filing W.P.(C) No.5067/2021. This Court disposed of the said writ petition by Ext.P6 judgment directing the respondents to consider the applications of the petitioners without reverting to entry cadre. The petitioner states that those petitioners were issued favourable orders transferring them to their concerned District without reverting them to entry cadre. The petitioner also applied for transfer to Ernakulam District in view of the medical condition of his parents. Ext.P7 application was made on 22.04.2022. Surprisingly, the 2nd respondent issued Ext.P8 OM dated 05.08.2022. One of the conditions stipulated in Ext.P8 was that applicants for Inter-District Transfers should satisfy qualifying service in the concerned post. In view of Ext.P8, unless the petitioner completes five years service as Process Server, his application for Inter-District Transfer will not be considered.

6. The petitioner argued that the second direction in Ext.P8 OM as regards qualifying service is contrary to Ext.P1 Special Rules and Exts.P2 and P3 Government Orders.

Ext.P7 transfer application of the petitioner has to be considered following the provisions contained in Rule 17(d) of the Special Rules. Ext.P6 judgment in W.P.(C) No.5067/2021 is clear and the application of the petitioner has to be considered taking into account