Employees entitled to be posted in home district or choice district, with a minimum stay of five years, are to be treated according to these guidelines during transfers.

JUDGMENT

Heard Sri K.Sasikumar, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Government Pleader appearing for respondents 1 to 3. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the fourth respondent.

2. The petitioner, who is presently working as Assistant Engineer in the Local Self Government Department in Pathanamthitta District, challenges Ext.P4 order dated 16-5- 2009 transferring him to Idukki District. The fourth respondent is the substitute appointed in the petitioner's place in Pathanamthitta District, though in a different Block. The petitioner contends that his transfer to Idukki District is in violation of the norms. He states that as a member of a Scheduled Caste community, he is entitled to be posted either in his home district or in a district of his choice and that he is also WPC 14275/09 -2-

entitled to continue in the same station for a period of five years. Since he has completed only three years in Pathanamthitta District, he is not due for transfer, it is submitted.

3. The petitioner submits that he has moved the Government by submitting Ext.P7 representation dated 20-5- 2009 seeking cancellation of his transfer. In this writ petition, the petitioner, inter alia, prays for a direction to the Government to consider Ext.P7 representation and pass orders thereon within a time limit to be fixed by this Court.

4. The petitioner was formerly an employee of Irrigation Department. When the Engineering cadre in the Local Self Government Department was created, he opted to go over to the Local Self Government Department. According to the petitioner, it is by reason of such option that he has now been transferred.

5. A Division Bench of this Court has while upholding the transfer of employees from the Irrigation Department and the Public Works Department to the Local Self Government Department, held that those who are aggrieved by their posting, can move the Government. In my opinion, the directions issued in the said judgment govern this case also.

6. There will accordingly be a direction to the WPC 14275/09 -3-

Government to consider the request made by the petitioner in Ext.P7 representation, in the light of the relevant guidelines and pass orders thereon within one month from the date of receipt of a copy of this judgment. Till then, status quo as on to day shall be maintained, if as on today the petitioner has not been relieved from Pathanamthitta District.

The writ petition is disposed of as above.

P.N.RAVINDRAN, JUDGE.

mn.