IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 WP(C).No. 18165 of 2006(K) -------------------------- PETITIONER(S): --------------- MATHEW .P. MATHEW, CONFIDENTIAL ASSISTANT GR.II, TREASURY DIRECTORATE, POWER HOUSE ROAD, THIRUVANANTHAPURAM. BY ADV. SRI.JOHN VARGHESE SRI.K.S.SAJEEV KUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TREASURIES, THIRUVANANTHAPURAM. 3. THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, KOTTAYAM. 5. KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R5 GOVERNMENT PLEADER SRI.P.NANDA KUMAR FOR R1TO4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.18165/06 2 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ADVISE MEMO DT 18-1-2001 ISSUED R5 P2 COPY OF THE APPOINTMENT ORDER DT 30-1-2001 P3 COPY OF THE GOVERNMENT ORDER DT 8.6.1962. P4 COPY OF THE ORDER DT 28.9.2001 P5 COPY OF THE JUDGMENT DT 27-1-2003 P6 COPY OF THE OBJECTION DT 16-4-2003 P7 COPY OF THE GOVERNMENT ORDER DT 2.12.1991 P8 COPY OF THE GOVERNMENT ORDER DT 26-9-1980 P9 COPY OF THE ORDER OF R4 DT 30-04-2003 P10 COPY OF THE JUDGMENT DT 17-3-2006 P11 COPY OF THE ORDER OF R4 DT 17-5-2006 // True Copy // P.A. To Judge C.T.RAVIKUMAR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 18165 of 2006 K ``````````````````````````````````````````````````````` Dated this the 18th day of March, 2010 J U D G M E N T The petitioner was appointed as Confidential Assistant Grade-II in the Directorate of Treasuries, Thiruvananthapuram. In fact, he was a rank holder in the list prepared for appointment to the post of Confidential Assistant Grade-II in the said department in Kottayam district published by the Public Service Commission. It was on account of non-availability of vacancies to accommodate the petitioner in Kottayam district that he was accommodated in the Head Quarters vacancy, even without obtaining his willingness. Thereupon, the petitioner, who is a native of Kottayam district, represented before the authorities for getting a transfer and posting in Kottayam district. Since the prospects of getting such a posting was bleak, he sought for a posting in any other department, i.e., in effect, an inter departmental transfer. The said fact is evident from the prayer made by the petitioner in the writ petition, which reads thus: WPC.18165/2006 : 2 : “ To declare that the petitioner is entitled for a transfer as a Confidential Assistant Grade- II in the next arising vacancy in any of the departments in Kottayam district inclusive of the Revenue department, Kottayam.” 2. The learned Government Pleader, on instructions, submitted that during the pendency of the writ petition, the petitioner has obtained appointment in the Education department and presently working at Thiruvalla from 01-01-2008 onwards. 3. In view of the subsequent developments, I am of the view that the petitioner is not entitled to get relief sought for in the writ petition based on his appointment as Confidential Assistant under the Treasuries department. The learned counsel for the petitioner also endorses the submission made by the learned Government Pleader that during the pendency of the writ petition, the petitioner had obtained appointment in Education department and he is working in the Education department at Thiruvalla from 01-01-2008 onwards. WPC.18165/2006 : 3 : In the said circumstances, I am of the view that the petitioner is not entitled to any of the reliefs sought for in the writ petition. Accordingly, the writ petition is dismissed. Sd/- (C.T.RAVIKUMAR, JUDGE) aks // True Copy // P.A. To Judge