IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 WP(C).No. 21607 of 2011(A) ----------------------------------------- PETITIONER(S): ------------------------ 1. P.MOHANRAJ,DRIVER GRADE II, MELADY BLOCK DEVELOPMENT OFFICE, MELADY, KOZHIKODE DISTRICT - PIN 673 522. 2. V.C.PRABHAKARAN,DRIVER GRADE 1, PERAMBRA BLOCK OFFICE,PERAMBRA, KOZHIKODE DISTRICT,PIN 673 527. BY ADVS. SRI.B.KRISHNAN, SRI.R.PARTHASARATHY. RESPONDENT(S): --------------------------- 1. THE ASSISTANT DEVELOPMENT COMMISSIONER (GEN),KOZHIKODE, PIN 673 014. 2. THE COMMISSIONER FOR RURAL DEVELOPMENT, L.M.S COMPOUND,THIRUVANANTHAPURAM - PIN 695 001. 3. BLOCK DEVELOPMENT OFFICER, PERMBRA,KOZHIKODE DISTRICT - PIN 673 525. 4. BLOCK DEVELOMENT OFFICER, MELADI, KOZHIKODE DISTRICT - PIN 673 522. 5. THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM PIN 695 004. R1 TO R4 BY GOVERNMENT PLEADER SRI. A.J.VARGHESE R5 BY ADV. SRI. P.C.SASIDHARAN, SC, PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21607/2011 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPOINTMENT ORDER DTD. 2/12/2003. P2: COPY OF THE REPLY RECEIVED BY SMT. NARAYANI FROM 'SUTHARYAKERALAM'. P3: COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER. P4: COPY OF THE LETTER DTD. 19/01/2009 BY THE 1ST RESPONDENT TO 2ND RESPONDENT. P5: COPY OF THE ORDER DTD. 23/05/2009. P6: COPY OF THE ORDER DTD. 6/06/2009 ISSUED BY 1ST RESPONDENT APPOINTING 1ST PETITIONER AT THODANNUR. P7: COPY OF THE APPOINTMENT ORDER DTD. 30/10/2001. P8: COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER. P9: COPY OF THE ORDER DTD. 10/08/2009 ISSUED BY SENIOR ADMINISTRATIVE OFFICER, OFFICE OF RURAL DEVELOMENT COMMISSIONER, THIRUVANANTHAPURAM. P10: COPY OF THE ORDER DTD. 5/08/2011 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.21607 of 2011 ---------------------------------------- Dated 20th August, 2011 JUDGMENT The first petitioner is a Grade-II Driver and the second petitioner is a Grade-I Driver under the Rural Development Department. The first petitioner was initially appointed in Kasaragode District and the second petitioner was initially appointed in the Local Self Government Department. The first petitioner came to the present station on getting an inter-district transfer and the second petitioner came to the present station on getting an inter-departmental transfer. This writ petition has been filed mainly challenging Ext.P10 order. As per Ext.P10, the petitioners were surrendered to the Rural Development Commissionerate to accommodate direct recruits advised by the Public Service Commission for appointment under the Rural Development Department. 2. When this matter came up for admission on 10.8.2011 this Court directed the respondents to file a statement and directed that the petitioners should not be relieved pursuant to Ext.P10 order till such time. A statement has been filed on behalf of the second respondent in this writ petition. In paragraph 2 thereunder the second WP(C).No.21607/2011 2 respondent has explained the circumstances that necessitated the issuance of Ext.P10. The Assistant Development Commissioner already reported 10 vacancies to the Kerala Public Service Commission. Pursuant to the same, the Public Service Commission had advised 10 candidates out of which eight were already given appointment and consequential posting in Kozhikode District itself. It is only to accommodate the remaining two candidates that the petitioners are ordered to be surrendered to the Commissionerate of Rural Development for a suitable posting. In paragraph 2 it is stated thus:- “The Kerala Public Service Commission accordingly has advised 10 candidates and 8 were given postings in Kozhikode District. The remaining two are to be given posting in Kozhikode District itself as they could not be returned to KPSC. It was in this circumstances that the junior most two Drivers in Kozhikode District were surrendered to the Commissionerate of Rural Development for suitable posting. They will be posted suitably to the existing vacancies in the nearby Districts of Kozhikode. The petitioners will be retransferred to Kozhikode District against the first arising vacancies in the district without loss to their seniority. Moreover the petitioners are not recruited by KPSC in Kozhikode DRB and are working in the district on getting inter district transfer from DRB concerned.” It is obvious from the above extracted portion from the statement that the petitioners would be retransferred to Kozhikode District against the first arising vacancies in the District without loss to their seniority. In view of the said specific statement I am of the view that Ext.P10 WP(C).No.21607/2011 3 invites no interference. Therefore, recording the aforesaid statement, this writ petition is closed. Sd/- C.T.RAVIKUMAR Judge TKS