IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 WP(C).No. 22274 of 2010(H) -------------------------- PETITIONER(S): ----------------------- R.RAGINI, W/O.GIRISHKUMAR K.G. FORMERLY WORKING AT AGRICULTURAL OFFICER, KRISHI BHAVAN, ARUVIKKARA, THIRUVANANTHAPURAM, RESIDING AT GNA-172, GANDHI NAGAR, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. PRINCIPAL AGRICULTURAL OFFICER, THIRUVANANTHAPURAM DISTRICT. GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 22274 OF 2010 (H) ===================== Dated this the 23rd day of July, 2010 J U D G M E N T Petitioner is an Agricultural Officer. By Ext.P1 order, along with others, she is transferred and posted to Alleppey. Representations were filed for retaining her at Trivandrum District and pursuant to the directions of this Court, the claim for retention was considered and has been rejected by Ext.P6 order. The main contention raised by the counsel for the petitioner is that the petitioner having contracted an inter caste marriage and as her husband is stationed at Trivandrum, under the guidelines issued by the Government of Kerala, she is entitled to be retained in Trivandrum District itself. 2. A reading of Ext.P6 order issued by the 2nd respondent shows that he has considered this claim of the petitioner in detail. He has referred to Government Order dated 01/04/76 clarifying that no person shall be disturbed solely for accommodating an inter caste married employee. It is also stated that the Government have reiterated that an inter caste married employee can be transferred only against another inter WPC No. 22274/10 :2 : caste married employee. It is stated that none of such situations are available in Trivandrum District atleast for the present. It is also rightly stated that the fact that an inter caste marriage has been contracted do not amount to permanent exemption for a Government servant from transfer. It is also seen from Ext.P6 that since 12/7/03, petitioner has been continuously working in Trivandrum district, and that as present, there is no open vacancy of Agricultural Officer to accommodate the petitioner. 3. In the light of the facts as stated in Ext.P6, I am not persuaded to think that the view taken by the 2nd respondent is illegal for any reason warranting interference. 4. Be that as it may, petitioner requests that her claim be considered against the next arising vacancy. If any vacancy arises in Trivandrum District, in which the petitioner could be accommodated, it will be open to the petitioner to move the 2nd respondent, in which event, the matter will be considered in accordance with the Rules. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp