IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 WP(C).No. 7094 of 2011(J) ------------------------- PETITIONER(S): --------------- SONA O.T., FIRST GRADE OVERSEER, KODUNGALLUR MUNICIPALITY, THRISSUR DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM-33. 3. BHAGIRATHY C.S., FIRST GRADE OVERSEER, ELOOR MUNICIPALITY, ERNAKULAM DISTRICT, PIN-683501. GOVT. PLEADER SHRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 7094/11 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER DTD.21.12.10 BY R2. P2. COPY OF THE Q-LIST DTD.20.1.2011. P3. COPY OF THE ORDER DTD.26.2.2011 BY R2. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 7094 of 2011 ================== Dated this the 29th day of March, 2011 J U D G M E N T Pursuant to advice by the Public Service Commission, the petitioner was appointed as 1st Grade Overseer at Kodungallur Municipality. But that posting was with a specific condition that the place of posting is liable to be changed depending on the seniority in the advice list. Therefore, subsequently, by the impugned order, the petitioner was shifted to Kozhikode Corporation and the 3rd respondent was posted to the petitioner's place. The petitioner is challenging the same. According to the petitioner, what is stated in Ext.P1 is a re- arrangement in accordance with the seniority and there is no question of seniority in this case since all the persons are appointed for the first time in Government service. Therefore, the petitioner's place of posting is not liable to be changed, is the contention of the petitioner. A statement has been filed by the 2nd respondent submitting that the transfer is in accordance with the original posting order itself insofar as it specifically stipulates that the place of posting is liable to be changed in accordance with the seniority in the advice list, which the petitioner has misconstrued as seniority in service. But they would further submit that since the corresponding posts at Ponnani Municipality, Kanjirapuzha/Thachampara and Sreekrishnapuram Block w.p.c.7094/11 2 Panchayat are occupied by the juniors of the petitioner, if any of the said stations is convenient to the petitioner, the petitioner's claim can be considered for posting to any of those places. The learned counsel for the petitioner submits that the petitioner would be satisfied with a posting at Ponnani Municipality. In the above circumstances, this writ petition is disposed of with a direction to the 2nd respondent to consider the claim of the petitioner for posting at Ponnani Municipality, which shall be done, after hearing the petitioner as well as the person posted at Ponnani Municipality, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge