IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN

&

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

MONDAY, THE 5TH DAY OF JANUARY 2015/15TH POUSHA, 1936

WA.No. 2631 of 2002 ( )

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OP 15747/1995 of THIS HONOURABLE COURT

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APPELLANTS/RESPONDENTS 1 AND 2 IN THE O. :

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1. THE STATE OF KERALA, REP. BY THE

SECRETARY TO GOVERNMENT, HOME DEPARTMENT

THIRUVANANTHAPURAM.

2. THE DIRECTOR GENERAL OF POLICE,

THIRUVANANTHAPURAM.

BY GOVERNMENT PLEADER

RESPONDENTS/PETITIONERS & RESPONDENTS 3,4,5 & 6 IN THE O.P. :

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1. K.V.THOMAS, JUNIOR SUPERINTENDENT,

CITY POLICE OFFICE, KOCHI.

2. P.DIVAKARAN, STORE ACCOUNTANT,

KAP 5TH BATTALIAN, THRISSUR.

DELELTED AS :

*3. K.SAVITHRY, STORE ACCOUNTANT, KAP 4TH

BATTALION, KANNUR.

*DELETED FROM THE PARTY ARRAY AS PER ORDER DT 2/7/2007 IN

IA 561/2007 IN WA 2631/02.

4. K.A.SASI, CASHIER, DISTRICT POLICE

OFFICE, WAYANAD.

5. SUKUMARI, U.D.CLERK, CITY POLICE OFFICE,

TRIVANDRUM.

WA.No. 2631 of 2002 ( )

6. S.KOMALAVALLY, AGED 38 YEARS,

W/O.K.SATHYADEVAN, PULIKKATHU,

VEEDU P.O.PARAKULAM, KOLLAM DISTRICT.

R1 & R2 BY ADV. SRI.N.SUGATHAN

BY ADV. SRI.K.V.KUMARAN

BY ADV. SRI.A.V.RAMAKRISHNA PANICKER

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05-01-2015,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

ASHOK BHUSHAN, Ag.CJ

& A.M.SHAFFIQUE, J.

* * * * * * * * * * * * *

W.A.No.2631 of 2002

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Dated this the 5^th day of January 2015

J U D G M E N T

Ashok Bhushan, Ag.CJ

Heard learned counsel for the appellant. This writ

appeal has been filed by the respondents against the

judgment dated 04/01/2002 in O.P.No.15747 of 1995 by

which the original petition was allowed setting aside Ext.P6.

2.

The facts involved in this writ appeal is that the

writ petitioners entered into ministerial service of the Police

Department as Lower Division Clerk and subsequently was

promoted as Upper Division Clerk. Petitioners were

promoted to the cadre of Junior Superintendent and posted

at different places. It is pleaded that, in the case of

ministerial staff in the Police Department, there is no general

transfer on completion of three years and transfers become

necessary only when one is promoted to UDC or Supervisory

cadre. Order dated 11/10/1983 was issued prescribing

W.A.No.2631/2014

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procedure to be adopted in the case of transfers. General

guidelines/norms for transfer or posting was issued by the

Government on 01/06/1987. Revised guidelines were also

issued thereafter which were modified from time to time.

Government order Ext.P5 dated 03/01/1980 was issued

pertaining to transfer and posting to Government employees

belonging to Scheduled Castes and Scheduled Tribes.

However, the said Government Order was not applicable to

the Police Department. An order dated 27/06/1995 (Ext.P6)

was issued by which Clause 19 was added, which was

subject to challenge in the writ petition. Petitioners' case in

the writ petition is that the Government Order dated

27/06/1985 violated Article 16 of the Constitution of India. It

was pleaded that other employees have also a right to get

posting to the place of their choice and the said right cannot

be confined only to the members of Scheduled Castes and

Scheduled Tribes. It is pleaded that in the matter of transfer

and posting, protection under Article 16(4) cannot be

W.A.No.2631/2014

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claimed.

3.

The learned Single Judge, by the impugned

judgment, held that Clause 19 inserted by Ext.P6 is

discriminatory and arbitrary. It has further be