IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 34667 of 2009(C) ------------------------------------- PETITIONER(S): ---------------------- ANEESH C., S/O. GOPALAN, AGED 30 YEARS, NOW WORKING AS 1ST GRADE DRAUGHTSMAN, P.W.D.ROAD SUB DIVISION, MANJERI, MALAPPURAM DISTRICT. BY ADV. MR.K.M.SATHYANATHA MENON RESPONDENT(S): ------------------------ 1. THE CHIEF ENGINEER, P.W.D. ADMINISTRATION, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, P.W.D.ROAD SUB DIVISION, MANJERI, MALAPPURAM DISTRICT. 3. THE ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, P.W.D.BUILDING SUB DIVISION, QUILANDY, KOZHIKODE DISTRICT. 4. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF PUBLIC WORKS, SECRETARIAT, THIRUVANANTHAPURAM. *5. A.ABDHURAHIMAN, AGED 54 YEARS, S/o. MOIDEEN, ANDIKATTIL HOUSE, KOZHIKKATTUKUNNU, POST KARUVAMBARAM, MANJERI, MALAPPURAM DISTRICT, (ADDL.R5:- IMPLEADED AS PER ORDER DT.8.1.2010 IN I.A.NO.16280/2009.) ADV. MR.K.SHIBILI NAHA FOR ADDL R SMT.A.LOWSY FOR ADDL R GOVERNMENT PLEADER SRI. ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.34667 of 2009 (C) --------------------------------- Dated, this the 14th day of June, 2010 J U D G M E N T The petitioner is a First Grade Draftsman at PWD Roads Sub Division, Manjeri. By Ext.P1 order, he was transferred from Manjeri to Koyilandy in an open vacancy and the additional 5th respondent was posted in his place. It is this order, which is under challenge. 2. At the stage of admission, this Court granted an interim order enabling the petitioner to continue at Manjeri itself. Subsequently, the additional 5th respondent got himself impleaded and filed I.A.No.16281/2009 seeking to vacate the interim order. That I.A was heard and order dated 03/03/2010 was passed declining to vacate the order. In that order, this Court has recorded the submission of the learned Government Pleader that in the next arising vacancy in Manjeri or nearby station, either the petitioner or the additional 5th respondent can be accommodated. 3. Today, both the petitioner and the additional 5th respondent submitted that despite the availability of vacancies, this WP(C) No.34667/2009 -2- undertaking has not been complied with. 4. As already seen, on behalf of the official respondents it was undertaken that the petitioner or the additional 5th respondent will be accommodated either in Manjeri or in the nearby places. If as stated by the petitioner and the additional 5th respondent, vacancies have arisen subsequently, necessarily, orders posting either the petitioner or the additional 5th respondent to those vacancies should have been passed. 5. Having regard to the complaint of the parties that such order has not been passed, I direct the 1st respondent to pass orders as undertaken before this Court accommodating the petitioner or the additional 5th respondent in any one of the vacancies in and around Manjeri. Orders in this behalf shall be passed as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. The petitioner or the additional 5th respondent may produce a copy of this judgment before the 1st respondent, who shall pass orders as above. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg