IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 WP(C).No. 16265 of 2009(C) -------------------------- PETITIONER(S): --------------- L.R. MURALY, AGRICULURAL OFFICER, KRISHI BAVAN, PATTANCHERRY, CHITTUR BLOCK, PALAKKAD DISTRICT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.S.SHYAM PRASANTH SRI.T.R.SADEESAN RESPONDENT(S): --------------- 1. STATE OF KERALA REP. BY SECRETARY TO GOVT. AGRICULTURAL DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF AGRICULTURE, TRIVANDRUM. BY GOVT. PLEADER SRI. ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of relevant page of SSLC Book of the petitioner. Ext.P2. True copy of G.O(MS) 344/63 dated 7.7.1963 issued by the Ist respondent. Ext.P3. True copy of the Circular No.J.319 dated 16.3.1984 issued by the Government. Ext.P4. True copy of the Govt. Order dated 27.4.2005. Ext.P5. True copy of representation submitted by the petitioner before the Ist respondent. Ext.P6. True copy of the proceedings dated 2.1.2009 by the Ist respondent. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.16265 OF 2009(C) -------------------------------------------------- Dated this the 18th day of August, 2010 J U D G M E N T Petitioner is presently working as Agricultural Officer. According to him, he is liable to be promoted to the post of Assistant Director of Agriculture. He submitted Ext.P5 representation requesting that he be posted as Assistant Director in a Linquesting Minority Area. That representation was rejected by Ext.P6 order passed by the first respondent stating that there was no vacancy in Palakkad District. It is challenging Ext.P6 that this writ petition is filed. 2. It is the specific case of the petitioner that there are 9 vacancies in the notified districts of Thiruvananthapuram, Idukki and Palakkad districts. It is also his case that juniors to him are occupying those posts. Counsel relying on the judgment in Baburaj V. Govt. of Kerala (20005(2)KLT 451) and states that if he is otherwise eligible, his claim shall not be overlooked. 3. If as stated by the petitioner there are 9 vacancies in the three notified districts his claim for posting to one of those WPC.No.16265 /09 :2 : vacancies is liable to be considered, in the light of the judgment referred to above. Therefore I am satisfied that the claim of the petitioner needs to be reconsidered in the manner as stated above. 4. Therefore I quash Ext.P6 and direct the first respondent to consider Ext.P5 representation filed by the petitioner. Orders shall be passed as possible and at any rate within 3 months from the date of production of a copy of the judgment. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/