IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WP(C).No. 4715 of 2008(J) -------------------------------------- PETITIONER: ---------------------- M.PRADEEP KUMAR, SPECIAL GRADE SECRETARY, CHOKKAD GRAMA PANCHAYATH, P.O.CHOKKAD, (VIA) KALIKAVU, MALAPPURAM DISTRICT. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI, J ------------------- W.P.(C).4715/2008 -------------------- Dated this the 10th day of March, 2008 JUDGMENT Petitioner, on being promoted as Secretary, Special Grade Panchayat, was transferred from Kannur to Malappuram District. He challenged the transfer and approached this Court earlier in Writ Petition No.35799/2007. Petitioner had raised a claim that he has a preferential right to get a posting in a place where his spouse is working. He therefore, requested for a posting either in Dharmadam or Ulikkal. Writ Petition No.35799/2007 was disposed of under Ext.P7 judgment, directing the petitioner's claim to be considered. According to the petitioner, the vacancy in Ulikkal was filled up under Ext.P9 order but it is now admitted that the person who was posted as per Ext.P9 retired on 31.1.2008. It is therefore possible, noting his short tenure left in service, that he be given a posting in a place of his choice. Later Ext.P10 order was passed rejecting the claim of the petitioner. This has been challenged in this writ petition. W.P.(C).4715/2008 2 2. Learned senior Government Pleader, on instructions, submits that the petitioner was transferred consequent on a promotion. He cannot therefore, insist that he should be retained in a place of his choice. 3. Learned counsel for the petitioner submits that there is now a vacancy in Ulikkal which is remaining unfilled. Learned Government Pleader submits that no further posting will be done in the Department till 31.3.2008. Option of transfer is currently available upto 31.3.2008. Submission is recorded. In the result, writ petition is disposed of directing the second respondent to consider the petitioner's claim for posting in Ulikkal Grama Panchayat in the existing vacancy before the said vacancy is filled up, at any rate on or before 15.4.2008 and orders may be passed in this regard, along with the case of other eligible applicants, if any. V.GIRI, Judge mrcs