IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WP(C).No. 22614 of 2009(V) ------------------------------------------ PETITIONERS: -------------------- ALEYAMMA NINAN, ASSISTANT DISTRICT PLANNING OFFICER, DISTRICT PLANNING OFFICE, CIVIL STATION, PALAKKAD. (AGED 37, W/O. WINSTON ALDRIN JOSE, SREE VISHNU APARTMENT, CHINMAYA NAGAR, MELAMURI, PALLIPPURAM P.O., PALAKKAD). BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENT(S): ------------------------ STATE OF KERALA, REP. BY THE SECRETARY, PLANNING AND ECONOMIC AFFAIRS (B) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. R1 BY GOVERNMENT PLEADER MR. P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22614 of 2009(V) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1. COPY OF THE PROMOTION AND POSTING ORDER- G.O.(RT) 52/09/PLG DATED 3/2/2009. EXT.P2. COPY OF THE JUDGMENT IN WP(C) NO.5566/2009 DATED 19/2/2009. EXT.P3. COPY OF THE ORDER, NO.2845/B2/2009/PLG DATED 23/3/2009 EXT.P4. COPY OF THE PROMOTION ORDER OF PETITIONER'S HUSBAND, NO.65/2009 DATED 30/6/2009 EXT.P5. COPY OF THE TRANSFER ORDER OF PETITIONER'S HUSBAND TO PALAKKAD, NO.30/2009 DATED 10/7/2009 EXT.P6. COPY OF REPRESENTATION DATED 25/7/2009 EXT.P6(a) COPY OF THE LETTER FORWARDING REPRESENTATION, NO.E2-516/2009/DPO/PKD DATED 25/7/2009 EXT.P7. COPY OF G.O.(MS) 459/80/GAD DATED 3/10/1980 EXT.P8. COPY OF G.O.(P) NO.22/92/P&ARD DATED 18/4/1992 RESPONDENT'S EXHIBITS:- NIL //TRUE COPY// PA TO JUDGE K.SURENDRA MOHAN, J - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No.22614 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of January, 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - J U D G M E N T The petitioner is working as a Research Officer at the District Planning Board at Palakkad. She had been transferred to the said place from Ernakulam, as per Ext.P1 order, by which she was also promoted to the post of Assistant Director. At that time, her husband who also belongs to a Scheduled Tribe was working at Kottayam. Therefore, she filed a writ petition No.5566/2009 challenging her transfer. The writ petition was disposed of by Ext.P2 Judgment, directing her to submit a representation to the respondents, setting out her grievances, which was directed to be considered within a period of 3 weeks therefrom. Accordingly,though the petitioner submitted a representation to the respondents, her request was declined. 2. In the meanwhile, the petitioner's husband has got a transfer to Palakkad district, where he has taken charge as the Superintendent of the Customs and Central Excise 2 W.P.(C)No.22614 of 2009 Department. In view of the above change in circumstances, the petitioner requests that she may be retained at Palakkad. This writ petition was filed because she apprehended that she would be transferred to either Malappuram or Kozhikode. 3. The Government has filed a counter affidavit. In paragraph 2 of the counter affidavit, it has been stated that there is no move to transfer the petitioner from Palakkad. The same assertion has been repeated in paragraph 5 also. In view of the above statement, this writ petition can be closed, recording the statement of the respondent that there is no move to transfer her from Palakkad. 4. Accordingly, this writ petition is closed recording the statement of the respondent in the counter affidavit, that there is no move to transfer the petitioner from Palakkad,at present. K.SURENDRA MOHAN (JUDGE) nl