IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 2656 of 2009(N) ------------------------- PETITIONER: --------------- FIDY MATHEW,W/O.SONNY KURIAN,AGED 48, KALARIKKAL HOUSE,31/988 M, PANORAMA, LANE-2,' ELAMKULAM, ERNAKULAM.(WORKING AS ASST. ADMINISTRATIVE OFFICER,K.S.E.B.O/O.CHIEF ENGINEER, DISTRIBUTION,CENTRAL, ERNAKULAM). BY ADV. SRI.JOHNSON MANAYANI RESPONDENTS: --------------- 1. JESSY YOYAK,O/O.THE CHIEF ENGINEER, DISTRIBUTION CENTRAL, K.S.E.B,ERNAKULAM. 2. THE CHIEF ENGINEER (HRM),K.S.E.B, TRIVANDRUM. 3. THE CHIEF ENGINEER,DISTRIBUTION CENTRAL, K.S.E.B.,ERNAKULAM. 4. THE DEPUTY CHIEF ENGINEER,K.S.E.B, ELECTRICAL CIRCLE, PERUMBAVOOR. 5. THE KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY, PATTOM, TRIVANDRUM. ADV. SRI.K.S.ANIL, SC, KSEB FOR R2-5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.2656 of 2009 -------------------------- Dated this the 6th February,2009 J U D G M E N T Aggrieved by the frequent transfers being made by the respondents, the petitioner has filed this writ petition. She is working as Assistant Administrative Officer in the office of the Chief Engineer, Distribution Cell, Ernakulam from 31.12.1988. She was transferred as such by Exhibit-P2 order. She was working prior to her transfer at Kozhikode. Petitioner joined duty at Ernakulam on 6.1.2009. By Exhibit-P3 dated 12.1.2009 she was again transferred to the office at Perumbavoor. This is under challenge in this writ petition. In the place of the petitioner, the 1st respondent has been posted at Ernakulam. 2. Learned standing counsel has filed a statement on behalf of the 2nd respondent. It is submitted that the petitioner was promoted and posted as Assistant Accounts Officer in the office of the Chief Engineer (Distribution- W.P ( C) No.2656 of 2009 2 North), Kozhikode as per order dated 17.6.2008. Considering her request, she was transferred back as per Exhibit-P2. First respondent had submitted a representation dated 26.8.2008 while she was working as Assistant Accounts Officer, Electrical Circle, Tirur seeking for a transfer to Ernakulam. In the representation she had stated that she is a chronic diabetic patient and she is also suffering from Neuro related complications. Second respondent therefore submits that when the petitioner was posted at Ernakulam this request could not be considered and only to remedy the situation the 1st respondent was transferred back to Ernakulam. It is pointed out that there are no malafides in the order that is issued. 3. Learned counsel for the petitioner has filed a reply affidavit, wherein, Exhibit-P6 has been produced to show that the 1st respondent was promoted only by an order dated 31.7.2008 and therefore there could not have been a request for a transfer back to Ernakulam prior to that. W.P ( C) No.2656 of 2009 3 4. Learned standing counsel produced before me for perusal a representation submitted by the 1st respondent which is dated 26.8.2008 wherein anticipating the promotion, she has sought for a posting in Ernakulam. Therefore, it cannot be said that there was any irregularity in the matter. Learned counsel for the petitioner submitted that if any further vacancy arises in Ernakulam, the claim of the petitioner may be considered. 5. Therefore, the writ petition is disposed of in the following terms. Petitioner's request for a transfer to Ernakulam will be considered in the next arising vacancy. Exhibit-P3 order of transfer is not thus interfered with. The writ petition is disposed of as above. No costs. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.2656 of 2009 4 W.P ( C) No.2656 of 2009 5