IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 6644 of 2008(N) ------------------------- PETITIONER: ------------ RAMACHANDRAN V.C., S/O. CHEERAMBAN, AGED 53 YEARS, GARDNER, GOVERNMENT GUEST HOUSE, MALAMPUZHA, RESIDING AT VELLAZUTHAMBAKA, AADIVASI COLONY,SOUTH MALAMPUZHA, MALAMPUZHA DAM PO PALAKKAD. BY ADV. SRI.BINOY VASUDEVAN RESPONDENTS: ---------------- 1. ADMINISTRATIVE OFFICER, TOURISM DEPARTMENT, THIRUVANANTHAPURAM. 2. MANAGER, GOVERNMENT GUEST HOUSE, MALAMPUZHA, PALAKKAD. 3. MANAGER, GOVERNMENT GUEST HOUSE, KOZHIKODE. 4. K.N. SIVADASAN, GARDNER, GOVERNMENT GUEST HOUSE, KOZHIKODE. BY GOVERNMENT PLEADER SHRI BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).6644/2008 -------------------- Dated this the 28th day of February, 2008 JUDGMENT By Ext.P3 order of transfer, petitioner who is working as Gardener in the Government Guest House, Kozhikode, was transferred and posted at Malampuzha. Petitioner is a native of Palakkad District. Therefore, transfer under Ext.P3 suited him. Apparently, he had been seeking transfer to Palakkad District even earlier. 2. Though Ext.P3 is stated to be by way of administrative convenience, it seems that it was the result of Ext.P2, which recommended action against the fourth respondent for unauthorized absence and other irregularities. It seems that he had therefore, represented against Ext.P3 and it seems that his representation was accepted by the Administrative Officer. This resulted in Ext.P5, which reversed Ext.P3. 3. According to the petitioner, he was not heard before the passing of Ext.P5 and at any rate, he had been W.P.(C).6644/2008 2 urging for a posting in Palakkad District even earlier. Petitioner has less than two years to retire and he is entitled to a posting in a place of his choice, contends the learned counsel for the petitioner. 4. Learned Government Pleader submits that Ext.P5 was passed inter alia taking note of the fact that the fourth respondent is a physically handicapped person and that the same has been given effect to, and the fourth respondent has taken charge at Malampuzha. Submission is recorded. 5. In my view, even if the request of the fourth respondent was deemed acceptable by the Administrative Officer, this should not stand in the way of the petitioner’s request for a posting in Palakkad District being considered, essentially taking note of the fact that he is due to retire within a period of two years. In the result, writ petition is disposed of permitting the petitioner to move the Director of W.P.(C).6644/2008 3 Tourism with a representation. If it is so done within two weeks from today, the same shall be looked into and appropriate orders passed thereon within three weeks thereafter, untrammelled by Ext.P5. V.GIRI, Judge mrcs