IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 21948 of 2008(K) PETITIONER: ---------------------- K.MOHANAN, AGED 49 YEARS, S/O.N.KUNJAN, ASSISTANT FOREMAN, GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, RESIDING AT “SRUTHI NIVAS”, SREEKARIYAM P.O., THIRUVANANTHAPURAM - 17. BY ADV. SRI.K.RAMAKUMAR (SR.) SMT.SMITHA GEORGE RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO DEPARTMENT OF HIGHER EDUCATION (H.1), GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR, PRINTING DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DEPUTY SUPERINTENDENT, GOVERNMENT PRESS, WAYANAD. 4. SMT.P.AMBIKA KUMARI, ASSISTANT FOREMAN, GOVERNMENT PRESS, WAYANAD. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.21948 of 2008 K ------------------------- Dated this the 30nd day of July, 2008. JUDGMENT While the petitioner was working as Assistant Foreman in the Government Press, Thiruvananthapuram, disciplinary proceedings were taken against the petitioner, as evidenced by Ext.P1. Subsequently, the petitioner was transferred under Ext.P3 order to Wayanad. This was challenged by him in W.P.(C)No.17059/08. The same was disposed of in Ext.P4 judgment. The material portion of the judgment reads as follows: “If the petitioner files a representation in that behalf, within one week from the date of receipt of a copy of this judgment, Government shall consider the same and if there is any vacancy in the post of Assistant Foreman in a place nearer to Thiruvananthapuram, petitioner may be accommodated in the said station. At any rate, orders may be passed by the Government, within three weeks from the date of receipt of a copy of a representation to be filed by the petitioner. The writ petition is disposed of as above.” 2. Pursuant thereto, the petitioner filed Ext.P5 representation before the Government. W.P.(C).NO.21948 of 2008 :: 2 :: But, by that time, the petitioner had already been transferred to Vazhoor. The order is produced herewith as Ext.P7. The same is also sought to be challenged in this writ petition. 3. Learned counsel for the petitioner Sri.Ramprasad Unni submits that on a reading of Ext.P7, it is clear that there has been a deliberate attempt to misconstrue the direction issued by this court. Apparently, the direction in Ext.P4 judgment is to be construed as one requiring the petitioner to be posted only at a place outside Thiruvananthapuram District. This, he contends, is a total misconstruction. 4. Suffice it to clarify that the direction to the Government is only to consider the petitioner for a posting in a place nearer to Thiruvananthapuram. In other words, if there is a vacancy even in Thiruvananthapuram where the petitioner can be accommodated, there is no reason why the Government shall treat Ext.P4 judgment as requiring the transfer of the petitioner to a place outside Thiruvananthapuram District. W.P.(C).NO.21948 of 2008 :: 3 :: In the result, the Government shall pass orders on Ext.P4 within one month from the date of receipt of a copy of this judgment and in doing so, the Government shall consider Ext.P5 as an appeal against Ext.P7 also. Subject to the above, the writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge