IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 27776 of 2011(V) ------------------------------------ PETITIONER : - ---------------------- STELLA JACOB, W/O JOSEPH, KAITHAKAL HOUSE, PALAI.P.O., KOTTAYAM DISTRICT. WORKING AS ASST. DIRECTOR OF AGRICULTURE, THODANNUR, KOZHIKODE. BY ADVS. SRI.JOHNSON MANAYANI SRI.BENHUR JOSEPH MANAYANI SRI.JEEVAN MATHEW MANAYANI RESPONDENTS : - ------------------------- 1. ROSELINE SEBASTIAN, ASSISTANT DIRECTOR-AGRICULTURE, ERATTUPETTA, RESIDING AT KULAMAKKAL HOUSE, MARYLAND.P.O., KOTTAYAM DISTRICT - 686 652. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, AGRICULTURE (EA) DEPARTMENT, SECRETARIAT, TRIVANDRUM-695 001. 3. UNDER SECRETARY TO AGRICULTURE (EA) DEPARTMENT, SECRETARIAT, TRIVANDRUM-695 001. 4. MINI K. NAIR, ASSISTANT SOIL CHEMIST, DISTRICT SOIL TESTING LABORATORY, KOTTAYAM - 686 001. BY Sr. GOVT. PLEADER SRI. LIJU STEPHEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27776 of 2011(V) APPENDIX PETITIONER'S EXHIBITS: EXT P1 : COPY OF THE ORDER PASSED BY THE 2nd RESPONDENT DATED 23.09.2011. EXT P2 : COPY OF THE CERTIFICATE ISSUED BY THE S.J. AYURVEDIC PHARMACY DATED 28.09.2011. EXT P3 : COPY OF THE PETITIONER'S TRANSFER APPLICATION. EXT P4 : COPY OF THE LETTER OF THE PRINCIPAL AGRICULTURAL OFFICER, KOTTAYAM TO THE DIRECTOR OF AGRICULTURE, TRIVANDRUM, DATED 27.09.2011. EXT P5 : COPY OF THE ORDER DATED 11.10.2011 OF THE 2nd RESPONDENT. RESPONDNETS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE DMR/- K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 27776 OF 2011 ----------------------------------------------------------- Dated this the 19th October, 2011. JUDGMENT The petitioner, an Assistant Director of Agriculture, Thodannur, Kozhikode was transferred to Erattupetta by the second respondent as per Ext.P1 order dated 23-9-2011 on her request. The transfer was granted considering that the petitioner is a chronic asthma patient, facing a lot of hardships and difficulties by her present posting at a place far away from her home station. However, the said transfer order has been cancelled by the second respondent issuing Ext.P5, in which she is serial No:1. Thereafter, she has been transferred back to Thodannur in Kozhikode district. The transfer granted to the petitioner has been cancelled for the reason that another transfer that was granted to one Regimol Mathew as per serial No: 2 has been stayed by this Court. Consequently, certain adjustments had to be effected to accommodate the person who has been granted the benefit of stay by this Court. 2. According to the petitioner Ext.P3 is her request for transfer. In the said request, she has listed six places to one of WPC 27776/2011 2 which she had requested for a posting. According to her, it was only her bad luck that she had been posted to Erattupetta instead of one of the other places indicated by her. Since the transfer that is granted to her by Ext.P2 has been cancelled, the petitioner seeks the issue of appropriate directions for the consideration of her request Ext.P3 afresh so as to enable her to get a posting to one of the places of her choice. 3. I have heard the learned Govt. Pleader also. 4. On an anxious consideration of the rival contentions, I am of opinion that this writ petition can be disposed of directing the second respondent to consider the request of the petitioner contained in Ext.P3 representation, without further delay. 5. This writ petition is accordingly disposed of directing the second respondent to consider the request of the petitioner, evidenced herein by Ext.P3 in accordance with law and to pass appropriate orders thereon as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a copy of this judgment, after hearing the petitioner also. 6. The counsel for the petitioner submits that the petitioner has already been relieved, pursuant to the order of stay granted by WPC 27776/2011 3 this Court but that she has not been able to join duty thereafter. The petitioner shall be permitted to join duty at Thodannur, Kozhikode district without any break in service. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 27776/2011 4