IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 28437 of 2011(D) -------------------------- PETITIONER(S): ---------------------- ANITHA.P.K,DEPUTY DIRECTOR OF AGRICULTURE (NWDPRA OFFICE OF THE PRINCIPAL AGRICULTURAL OFFICER,KASARAGOD 671 123. BY ADV. SRI.M.C.GOPI RESPONDENT(S): ------------------------ 1. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,AGRICULTURE DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR OF AGRICULTURE,OFFICE OF THE DIRECTOR OF AGRICULTURE,VIKAS BHAVAN, THIRUVANANTHAPURAM 695 001. 3. THE PRINCIPAL AGRICULTURAL OFFICER, KASARAGOD 671 123. BY GOVERNMENT PLEADER SRI.E.M.ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 28437 of 2011(D) -------------------------------------- APPENDIX ---------------- PETITIONER(S) EXHIBITS ------------------------------------ EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 5/7/2011 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT EXHIBIT P2 TRUE COPY OF GO(RT) NO.1739/11/AD DATED 23/9/2011 EXHIBIT P3 TRUE COPY OF GO(RT) NO.1780/11/AD DATED 28/9/2011 EXHIBIT P4 TRUE COPY OF THE REMINDER REPRESENTATION DATED 26/9/2011 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT RESPONDENT'S EXHIBITS: NIL ------------------------------------- / TRUE COPY / P.A. T JUDGE VK P.R. RAMACHANDRA MENON, J. .............................................. W.P.(C).NO.28437 OF 2011 ............................................. Dated this the 2nd day of November, 2011. JUDGMENT The petitioner is working as Deputy Director of Agriculture at Kasaragod, having been transferred and posted with effect from 30.7.2010. In view of the hardships with regard to the service and placement, the petitioner has preferred Ext.P1 representation to have a convenient posting to Trichur. 2. The case of the petitioner is that, without considering the claim of the petitioner, vacancies available in Trichur were filled up, by giving posting to persons having lesser credentials than the petitioner, as borne by Exts.P2 and P3. Subsequently, a new vacancy of Deputy Director at Trichur has been filled up as per G.O.(MS)No.232/11/AD dated 18.10.2011 and even before the creation of the vacancy as above, the petitioner had preferred a further representation dated 26.9.2011, a copy of which has been produced as Ext.P4. The case of the petitioner is that, in view of the creation of the new vacancy as per G.O.(MS) No.232/11/AD dated 18.10.2011, the claim of the petitioner W.P.(C).NO.28437 OF 2011 : 2 : to have a posting at Trichur as requested for vide Exts.P1 and P4 representations is liable to be considered. 3. Heard learned Government Pleader as well. 4. Considering the facts and circumstances, the first respondent is directed to consider Exts.P1 and P4 with reference to the vacancy newly created as per G.O.(MS) No.232/11/AD dated 18.10.2011 and pass appropriate orders at the earliest, at any rate, within one month from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent for further steps. Sd/- P.R. RAMACHANDRA MENON, JUDGE. cl