IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 WP(C).No. 20495 of 2010(J) -------------------------- PETITIONER(S): --------------- P.S.USHAKUMARI PUBLIC WORKS OVERSEER GRADE I THRISSUR CORPORATION,THRISSUR. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 2. THE CHIEF ENGINEER LOCAL SELF GOVERNMENT DEPARTMENT THIRUVANANTHAPURAM . GOVT. PLEADER SRI. ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.20495 OF 2010 (J) -------------------------------------------------- Dated this the 1st day of July, 2010 J U D G M E N T While working in the Cochin Corporation petitioner was promoted as Overseer Grd.I and was posted to Trissur Corporation. On the ground that she is contracted intercaste marriage and that her son is a cancer patient, petitioner submitted Exts.P4 and P6 representations requesting for a posting at Cochin Corporation or at Thrippunithura Municipality. However, by Ext.P7 she has been posted at Koovapady on compassionate ground. Counsel for the petitioner submits that the posting now given to the petitioner is highly inconvenient and she cannot look after her ailing child. It is stated that, having contracted an inter-caste marriage, petitioner is entitled to be posted at the place where her husband is working, which according to the counsel, is in Ernakulam. 2. However, any such accommodation can be claimed by an employee only if there is an existing vacancy to which the employee concerned can be accommodated. There is nothing on record to WPC.No. 20495/2010 :2 : indicate that there is a vacancy available either in Ernakulam or in Thrippunithura to which the petitioner could have been posted. In such a situation if the places opted by her are not allotted to the petitioner, this court will not be justified in finding fault with the authorities. Therefore, at this stage the only clarification that can be given is, if and when a vacancy is available in any of the places opted by the petitioner, it will be open to the petitioner to make an appropriate representation to the 2nd respondent, in which event needful shall be done by him without delay. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/