IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 WP(C).No. 17230 of 2008(A) -------------------------- PETITIONER: ------------ K.K.PRADEEP, ASSISTANT EXECUTIVE ENGINEER (ON LEAVE), XX/225, "REVATHY", KADUNGALLORE ROAD, THOTTAKKATTUKARA, ALUVA 683 108 BY ADV. SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) SRI.LUIZ GODWIN D'COUTH SRI.K.P.CHANDRASEKHAR RESPONDENTS: ------------- 1. THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER,P.W.D. ADMINISTRATION THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).17230/2008 -------------------- Dated this the 10th day of June, 2008 JUDGMENT Petitioner, who is working as Assistant Executive Engineer in the PWD, is aggrieved by Ext.P2 order under which he has now been posted in the Kerala House, New Delhi in the existing vacancy. Petitioner submits that by Ext.P1 order, a punishment of barring increment for three years without cumulative effect was imposed on him, as a culmination of the disciplinary proceedings initiated against him. Even in Ext.P1, it is made clear that orders regarding requisition of leave without allowance/period of absence will be issued separately. Apparently, when the petitioner was permitted to re-join duty, Government has posted him as such in the Kerala House, New Delhi, in the existing vacancy. It cannot be said that the Government has acted illegally in passing Ext.P2 order. But learned counsel for the petitioner points out that there are other vacancies wherein the petitioner can be accommodated. Petitioner is any way due to retire in two years and three months. W.P.(C).17230/2008 2 2. In my view, if the petitioner wants a change of posting, it is upto him to approach the Government and Government should take appropriate decision in this regard, taking note of the fact that the petitioner is due to retire in 2010. 3. In the result, writ petition is disposed of in the following terms:- 4. If the petitioner files a representation before the first respondent within two weeks from today, seeking a change of posting and a transfer from New Delhi, it shall be considered by the Government, taking note of the fact that he is due to retire in September, 2010, within four weeks thereafter. V.GIRI, Judge mrcs