IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(C).No. 20491 of 2008(M) -------------------------- PETITIONER: ------------ GEETHA.A, L.D.TYPIST, REGIONAL TRANSPORT OFFICE, MALAPPURAM. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS: ----------------- 1. THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM. 2. THE REGIONAL TRANSPORT OFFICER, MALAPPURAM. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, MALAPPURAM. STANDING COUNSEL ADV.SRI.ALEXANDER THOMAS FOR R3 GOVERNMENT PLEADER ADV.SMT.M.R.SREELATHA FOR R1&R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 20491 of 2008 -------------------------- Dated this the 8th July, 2008 J U D G M E N T Petitioner is working as L.D. Typist in the Regional Transport Officer in Malappuram. She was appointed as L.D. Typist in the office of the Transport Commissioner pursuant to the advice of the Public Service Commission on 21.6.2004. Apparently since there was no vacancy of L.D. Typist in Malappuram District at that point of time, petitioner was posted against the Headquarters vacancy. This posting at Trivandrum was temporary. Later, petitioner was allotted to Malappuram District and posted at the office of the R.T.O, Malappuram. Her probation has been declared as evidenced by Exhibit-P3 as an L.D. Typist in the office of the Regional Transport Office, Malappuram. 2. Three vacancies in the post of L.D. Typist were reported to the Public Service Commission and two persons have been appointed in terms of Exhibit-P5. There is no vacancy as such at present available in the W.P ( C) No. 20491 of 2008 2 post of L.D. Typist in the office of the Regional Transport Officer in Malappuram District and therefore to accommodate the direct recruits against the third vacancy, petitioner is proposed to be transferred. By Exhibit-P5, Regional Transport Commissioner had clearly intimated that he is not in a position to provide three Typists in Malappuram District since only two posts are lying vacant. Petitioner then sought for an order from the Transport Commissioner apprehending that she may be transferred out of Malappuram district to create a third vacancy to accommodate the direct recruits. Petitioner has brought this to the notice of the Transport Commissioner vide Exhibit-P6 and thereafter she has approached this Court. 3. I heard learned counsel for the petitioner and learned Government Pleader. 4. If the petitioner is allotted to Malappuram district and her probation has been declared while continuing in the post in Malappuram district, it may not be justified in creating a vacancy to accommodate the direct recruits by shifting the petitioner out of Malappuram W.P ( C) No. 20491 of 2008 3 district. In my view, this is a matter to be considered by the Transport Commissioner. Accordingly, the writ petition is disposed of directing the 1st respondent to consider Exhibit-P6 and pass an order thereon dealing with the request of the petitioner. This shall be done in the light of Exhibit-P5 sent by the Regional Transport Transport Officer, Malappuram. Orders may be passed within two months from the date of receipt of a copy of this judgment. It is made clear that petitioner shall not be transferred out of Malappuram district merely to accommodate the direct recruits, by enforcement of the rank list for the post of L.D. Typist in Malappuram District currently in force. But if any vacancy otherwise arises in Malappuram district, direct recruits can be accommodated therein without disturbing the petitioner. This judgment will not stand in the way of steps being taken in that regard. (V.GIRI, JUDGE) ma W.P ( C) No. 20491 of 2008 4 W.P ( C) No. 20491 of 2008 5