IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 11081 of 2009(E) -------------------------- PETITIONER: --------------- SMT.ANITHA M.K., ATTENDANT, VETERINARY DISPENSARY, EDARIKKODE, MALAPPURAM. BY ADV. SRI.JAGADEESH LAKSHMAN SRI.K.R.RAJKUMAR SRI.A.R.GANGADAS RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO MINISTRY OF ANIMAL HUSBANDRY, GOVT. SECRETARY, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF ANIMAL HUSBANDRY, THIRUVANANTHAPURAM. 3. THE DISTRICT ANIMAL HUSBANDRY OFFICER, ALAPPUZHA. 4. THE DISTRICT ANIMAL HUSBANDRY OFFICER, MALAPPURAM. BY SR. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.11081 of 2009-E ------------------------------ Dated this the 30th day of June, 2009. J U D G M E N T Heard Sri.Jagadeesh Lakshman, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Attendant in the Veterinary Dispensaryat at Edarikkode in Malappuram district. She applied for and she was granted inter district transfer to Alappuzha district by the Director of Animal Husbandry by Ext.P1 order dated 25.8.2008. The petitioner’s grievance is that till date Ext.P1 order has not been implemented. 3. A statement dated 5.6.2009 has been filed on behalf of the second respondent wherein it is stated that at present there are no vacancies of Attendant in Alappuzha district in the quota earmarked to be filled up by inter district transfer. It is also stated that the petitioner cannot not be accommodated against vacancies earmarked to be filled up by promotion. 4. When the writ petition came up for hearing on 15.6.2009, this Court directed the learned Government Pleader to ascertain and submit whether vacancies of Attendant exist in Kottayam/Ernakulam W.P(C) No.11081 of 2009-E 2 districts and whether the petitioner can be accommodated in one of such vacancies. Today when the writ petition came up for further hearing, the learned Government Pleader submitted that four vacancies of Attendant exist in Kottayam District against which the petitioner can be appointed by inter district transfer, if there is no better claimant aspiring for such inter district transfer and if there is no other person eligible to be promoted as Attendant. In view of the said submission, I am of the opinion that the petitioner should move the Director of Animal Husbandry seeking modification of Ext.P1. I accordingly dispose of this writ petition with the direction that in the event of the petitioner filing an appropriate representation before the Director of Animal Husbandry, the Director of Animal Husbandry shall within one month from the date of receipt of the representation, transfer the petitioner to Kottayam District, if there is no better claimant than the petitioner for transfer and posting to Kottayam District and no one in the feeder category eligible for promotion is awaiting promotion. The Director shall in the event of the petitioner being found eligible for inter district transfer to Kottayam district, also issue necessary instructions to the District Officer concerned to give the petitioner a suitable posting. The writ petition is disposed of as above. No costs. Sd/- P.N.RAVINDRAN ab JUDGE //True Copy//