JUDGMENT

ALEXANDER THOMAS, J.

Aggrieved by the impugned Annexure A2 transfer order dated 15.07.2021 whereby the 2nd respondent Director of Ground Water Department has ordered to transfer and post the petitioner, who is an SLR Driver, from his station at the Directorate at Thiruvananthapuram to the District Office at Kollam, the petitioner herein had approached the Tribunal by filing the instant Ext.P1 O.A.No.1384/2021 before the Kerala Administrative Tribunal, Thiruvananthapuram. The Tribunal after hearing both sides rendered order impugned Ext.P6 order dated 17.08.2021 dismissing the O.A on the ground that there are no vacancies as at present to accommodate the petitioner at Thiruvananthapuram and therefore the impugned transfer order to the extent it has been ordered to transfer the petitioner to District Office at Kollam cannot be interdicted. It is this final order at Ext.P6 that is under challenge in the present O.P before us, filed under Articles 226 and 227 of the Constitution of India.

2. Heard Sri M.V.Thamban, the learned counsel appearing for the petitioner herein/sole applicant in the O.A before the Tribunal and Sri. B.Unnikrishna Kaimal, the learned Senior Government Pleader appearing for the respondents in the O.P/respondents in the O.A.

3. According to the petitioner, he has been appointed as a Seasonal Labour Roll (SLR) worker in the Ground Water Department and he has been engaged as a Driver in the offices of the department at Thiruvananthapuram. As stated herein above, the petitioner is mainly aggrieved by the impugned Annexure A2 transfer order dated 15.07.2021, whereby the Director of Ground Water Department has ordered that the petitioner, who had been then working as SLR Driver in the Directorate at Thiruvananthapuram, has been ordered to be transferred and posted to the district office at Kollam. The petitioner would strongly and vehemently contend that even in the case of posts like Lower Division Clerks, the last grade servants etc., which are class 3 and class 4 posts, where the unit of appointment is district wise and not State wise, then ordinarily the incumbent concerned is not transferred out of the district; that the said position is also reflected in the norms for transfer issued by the competent authority of the State Government and that the said norms would apply with equal vigour and force in the case of incumbent like the petitioner, who is working as Seasonal Labour Roll (SLR) Worker/ Driver. Further the learned counsel for the petitioner has made reference to the transfer guidelines issued by the State Government in terms of Government Order as G.O(P).No.3/2020 dated 25.2.2017, whereby it has been ordered that last grade employees are not likely to be transferred outside the district and required to be transferred within the district concerned itself. Further that the impugned transfer order at Annexure A2 has been issued without stating any reasons and that another incumbent, Smt.Jayakumari is shown as Sl.No.2 thereof, whereby she has been ordered to be transferred from the Directorate to the district office, Thiruvananthapuram. Further the learned counsel for the petitioner has made various submissions, more particularly with the support of the pleadings in Ext.P5 Miscellaneous Application M.A.1608/2021 filed by the petitioner in O.A before the Tribunal. Paragraphs 5 and 6 of the pleadings in Ext.P5 M.A.No.1608/2021, filed by the petitioner read as follows: (see pages 55 and 56 of the paper book of the O.P)

“5. When the case was taken up on 09/08/2021, the Honourable Tribunal was pleased to get instruction whether the applicant would be retained in Thiruvananthapuram district itself. It is humbly submitted that in Directorate of Ground Water Department there are 5 vehicles bearing Registers Nos. (1) KL01CE 7682 (2) KL01 K 7532 (3) KL01CE 7625 (4) KL01BK 9825 (5) KL01BF 5050 so all together there are 5 vehicles and only 4 direct recruitees are working and there is a vacancy of one driver in