IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 15484 of 2009(E) ------------------------------------- PETITIONER(S): ------------------------ SUJAN.S,S/O.M.SIVAPALAN,AGED 49 YEARS, OVERSEER GRADE-1,OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,(AGRICULTURE)ALAPPUZHA.RESIDING AT VANIYAKKUDI HOUSE, HOUSE NO 1/366,POZHIKKARA, PARAVUR VILLAGE,KOLLAM. BY ADV. MR.P.V.VENUGOPAL RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,AGRICULTURE SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF AGRICULTURE,DIRECTORATE OF AGRICULTURE,VIKAS BHAVAN,THIRUVANANTHAPURAM. 3. E.P.USHA,OVERSEER GRADE 1,OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER (AGRICULTURE), THRISSUR. 4. C.S.SURESH,OVERSEER GRADE I,OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,(AGRICULTURE), WAYANAD. BY GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.15484 of 2009 -------------------------------------- Dated 4th June, 2009 JUDGMENT Heard Sri.P.V.Venugopal, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for respondents 1 and 2. 2. The petitioner is presently working as Overseer Grade I in the Office of the Assistant Executive Engineer (Agriculture), Alappuzha. He is a native of Kollam District. His wife who is a Government servant working in the Health Services Department is presently under orders of transfer to Palakkad District. In this writ petition, the petitioner challenges Ext.P1 order transferring him to Wayanad District. The petitioner contends that as he had served in difficult stations in Palakkad and Kasaragode Revenue Districts, he is entitled to preference in the matter of transfer. He contends that on the terms of Ext.P2 guidelines he ought to have been given a posting either in Kollam District or Thiruvananthapuram District as requested by him in Ext.P3 application for transfer. 3. Ext.P1 discloses that the petitioner stands transferred from Alappuzha to Wayanad in the place of the fourth respondent who has been transferred from Wayanad to Thrissur in the place of the WP(C).No.15484/2009 2 third respondent. The third respondent is the substitute appointed in the petitioner's place at Alappuzha. Ext.P1 also discloses that all the three persons have been transferred taking note of their request. 4. In Ext.P3 application submitted by the petitioner he had opted for (1) Kollam (2) Thiruvananthapuram and (3) Alappuzha. The petitioner states that as per the orders passed by the Director of Health Services, his wife has been transferred and posted to Palakkad District. He has also stated that as his wife is away at Palakkad, he has to look after his ailing father and his three girl children who are studying in Standards 6, 8 and 10 respectively at Paravoor in Kollam District. Though the petitioner had pointed out the fact that his wife is also employed as Government servant and is presently posted at Palakkad and had opted for a posting in Kollam and Thiruvananthapuram Districts when the order of transfer was passed, he has been posted to Wayanad District. In my opinion, the posting of the petitioner at Wayanad and his wife at Palakkad would result inconsiderable injustice to their children who are studying in Kollam District. I am therefore of the opinion that the Government should sympathetically consider the petitioner's request for transfer and posting either in Kollam or Thiruvananthapuram District. WP(C).No.15484/2009 3 I accordingly dispose of this writ petition with the direction that in the event of the petitioner moving the Secretary to Government, Agriculture Department within one week from today, seeking a transfer and posting either at Kollam/Thiruvananthapuram District, the Secretary to Government shall consider the same and take a decision thereon bearing in mind the fact that the petitioner's wife who is a Government servant is serving at Palakkad District. I make it clear that the transfer of respondents 3 and 4 to their respective stations need not be disturbed and that the Government need only consider whether the petitioner can be accommodated without disturbing respondents 3 and 4 at Kollam/Thiruvananthapuram Districts. Final orders in the matter shall be passed within two weeks from the date on which the petitioner moves the Government. Till then, the petitioner shall be permitted to go on leave if he reports for duty at Wayanad and thereafter applies for leave which he is eligible to apply for. P.N.RAVINDRAN Judge TKS