IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 WP(C).No. 35478 of 2004(W) ---------------------------------------- PETITIONER(S): ------------------------ KAVITHA.N., THAZHATHOTTIYIL HOUSE, THODUPUZHA EAST P.O., IDUKKI DISTRICT, (PRESENTLY WORKING AS PEON M.V.I.P. SUB DIVISION, VAZHAKKULAM). BY ADV. MR.O.D.SIVADAS RESPONDENT(S): -------------------------- 1. THE CHIEF ENGINEER, IRRIGATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, M.V.I.P. DIVISION, III, MUVATTUPUZHA. GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.35478/2004 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE RELEVANT PORTION OF APPOINTMENT ORDER DT. 9.10.2002 ISSUED TO THE PETITIONER. P2:- COPY OF THE PROCEEDINGS DT. 15.01.2003 ISSUED BY THE IST RESPONDENT. P3:- COPY OF THE COMMUNICATION DT. 30 09.2004 ISSUED TO THE PETITIONER BY THE IST RESPONDENT. TRUE COPY P.A. TO JUDGE TSS T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.35478/2004-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 13th day of March, 2009 J U D G M E N T Aggrieved by the order passed by the first respondent in transferring the petitioner from the Irrigation Department to the Health Department in another district, this writ petition was filed. The petitioner was included in the ranked list published by the P.S.C for the appointment of Last Grade Servants in Idukki District. Accordingly, she was appointed as Peon and Lascar in the Minor Irrigation Department, Idukki-Kattappana. By Ext.P3, she was redeployed to the Health Department stating that there is an excess of last grade servants working in the Irrigation Department. Accordingly, she was posted in Ernakulam District. Even though, an interim order was passed on 07/12/2004, on 07/04/2005 it was extended by three months. Thereafter, it was not extended further. 2. The learned Government Pleader on instructions submits that eight posts of Peons were abolished in the Irrigation Department and it is for that reason the petitioner was accommodated in the Health Department. Therefore, it cannot be said that Ext.P3 order is illegal. The writ petition is accordingly, dismissed. (T.R. Ramachandran Nair, Judge.) ms