Transfers for public interest purposes are permissible, even for Scheduled Caste employees, when aligned with government guidelines.

J U D G M E N T

The petitioner is working as a Lab Technician. She belongs to a Scheduled Caste community. She is aggrieved by Ext.P1 order, whereby she has been transferred from Chempumpuram Community Health Centre to General Hospital, Alappuzha. According to the petitioner, the petitioner has not completed three years in Chempumpuram Community Health Centre and that by virtue of Ext.P2 Government Order , as a member of a Scheduled Caste community, she is entitled to continue in a station atleast for five years and a transfer of a scheduled caste member can be resorted to only to provide for employees belonging to categories who have preferential claim for transfer. Therefore according to the petitioner, the present transfer by Ext.P1 order is clearly against the guidelines and Government Order s on the subject. The petitioner therefore seeks the following reliefs:

“(i) to issue a writ of certiorari and quash Exhibit P5 order as illegal and arbitrary.

(ii) to issue a writ of mandamus directing the 1st respondent to post the petitioner as Lab Technician at Community Health Centre, Chempumpuram, Alappuzha District.”

I have heard the learned Government Pleader also.

From Ext.P1 order of transfer, I find that, the transfer is made in the exigencies of service, with the object of making the activities of the laboratory in General Hospital, Alappuzha more efficient. Pursuant to Ext.P4 judgment, the petitioner's representation in this regard has been rejected by Ext.P5, wherein also it has been specifically stated that, the transfer is purely in public interest. It is also stated therein that the transfer is intended to continue only up to March, 2011. From the averments, in the writ petition it is clear that the petitioner is a resident of Thuruthy near Changanassery. Whether it is to Chempumpuram or Alapuzzha she has to travel by bus. The difference in distances to Chempumpuram and Alappuzha may be only about 10 to 15 kms only. In fact, I am of opinion that, the petitioner should actually feel honoured because it is to make the activities of the laboratory at Alappuzha more efficient she has been preferred, that too only for a temporary period up to 31.03.2011. In the above circumstances, I am not inclined to exercise my discretionary jurisdiction in favour of the petitioner to interfere with Ext.P1 transfer and accordingly the writ petition is dismissed.

S. SIRI JAGAN JUDGE

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