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2009 Supreme(Online)(KER) 20381

HIGH COURT OF KERALA
T.R.RAMACHANDRAN NAIR, J
AMBILY MOL S. – Appellant
Versus
THE CHIEF JUDICIAL MAGISTRATE – Respondent


Advocates:
SRI.K.RAMAKUMAR (SR.), SRI.J.R.PREM NAVAZ, SMT.SMITHA GEORGE

JUDGMENT

The short question that arises in this writ petition is as to the validity of Ext.P1 order of transfer, by which the petitioner has been transferred to Kanjirappally, in an existing vacancy, on administrative grounds.

2. The petitioner who is working as Bench Clerk in the Court of Judicial Magistrate of First Class, Vaikom is thus transferred and posted as such in the Court of Judicial First Class Magistrate II, Kanjirappally against an existing vacancy.

3. Heard learned Senior Counsel Shri K. Ramakumar, for the petitioner, learned Senior Counsel Shri K.R.B. Kaimal for respondents 1, 2 and 4, Shri Dilip Mohan, learned counsel appearing for the third respondent and Shri Siju Rajan, learned counsel appearing for the fifth respondent.

4. The order of transfer is challenged mainly on the ground that it is punitive. Secondly, it is submitted that she had completed only 9 months of service in Vaikom and was not due for transfer. It is further pointed out that going by the order of transfer, there is a reference therein to a petition put by a member of the Bar Association, Vaikom which was only an anonymous WPC 32710/08 2 petition (produced herein as Ext.P2). Without enquiring into t

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