IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 WP(C).No. 24149 of 2010(P) ---------------------------------------- PETITIONER(S): ------------------------ M.SHANMUGHAVEL, S/O.S.M.SWAMY, CR-153, CAMP FOLLOWER (SWEEPER), DISTRICT ARMED RESERVE, KOTTAYAM. BY ADVS. SRI.ASOK M.CHERIAN, SRI.T.R.RENJITH. RESPONDENT(S): --------------------------- 1. SUPERINTENDENT OF POLICE, KOTTAYAM - 686 001. 2. DEPUTY INSPECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM REGION, THIRUVANANTHAPURAM-695 001. 3. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM - 695 001. 4. STATE OF KERALA REPRESENTED BY SECRETARY TO ITS GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 5. ANANDAN, CF-2999, CAMP FOLLOWER(DHOBY) KERALA ARMED POLICE 5TH BATTALION, MANIAR, PATHANAMTHITTA - 689 645. R1 TO R4 BY GOVERNMENT PLEADER SMT. SUDHADEVI R5 BY ADVS.SRI.B.GOPAKUMAR, SMT.CHINCY GOPAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.24149/2010 P APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE MEDICAL CERTIFICATE DTD. 1/02/2010 ISSUED BY THE ASSISTANT SURGEON, POLICE HOSPITAL, KOTTAYAM. P2: COPY OF THE COVERING LETTER DTD. 6/03/2010 OF THE 1ST RESPONDENT ADDRESSED TO THE 3RD RESPONDENT. P3: COPY OF THE RECOMMENDATION OF THE 1ST RESPONDENT ADDRESSED TO THE 3RD RESPONDENT. P4: COPY OF THE LETTER OF THE 1ST RESPONDENT ADDRESSED TO THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: R5(A): COPY OF THE APPLICATION FOR INTER DISTRICT TRANSFER SUBMITTED BY THE 5TH RESPONDENT DTD. 7/12/2001. R5(B): COPY OF THE APPLICATION DTD. 30/08/2002 SUBMITTED BY THE 5TH RESPONDENT. R5(C): COPY OF THE PROVISIONAL WAITING LIST FOR INTER DISTRICT TRANSFER TO AR KOTTAYAM DTD.28/02/2008. R5(D): COPY OF THE PROVISIONAL WAITING LIST FOR INTER DISTRICT TRANSFER TO AR KOTTAYAM DTD. 1/1/2009. R5(E): COPY OF THE ORDER DTD. 22/06/2010 ISSUED BY THE DIRECTOR GENERAL OF POLICE. R5(F): COPY OF THE TRANSFER ORDER DTD. 28/07/2010 ISSUED BY THE SUPERINTENDENT OF POLICE, KOTTAYAM. R5(G): COPY OF THE GASTROSCOPY REPORT OF THE 5TH RESPONDENT. R5(H): COPY OF RELIEVING ORDER NO.ARK/1761/11AC DTD. 14/06/2011 OF ASSISTANT COMMANDANT, AR KOTTAYAM. /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J. = = = = = = = = = = = = = WP(C).No.24149 of 2010-P. = = = = = = = = = = = = = = Dated this the 23rd August, 2011. J U D G M E N T The petitioner is a Camp Follower (Sweeper) in the Police Department presently working, as such, in the District Armed Reserve Camp, Kottayam. It is contended that he is suffering from 'Allergic Rhiaitis' as well as allergy induced 'Bronchospasm' and that he is undergoing treatment. In the circumstances, he submitted an application for a category change as Dhobi. Ext.P3 would reveal that the first respondent had recommended for granting the category change as requested by the petitioner to the 3rd respondent. At that point of time a representation for inter-district transfer of the 5th respondent, virtually for his accommodation as Dhobi in District Armed Reserve Camp, Kottayam was made by his wife. Only one post of Dhobi was available then. Therefore, essentially the claim of the petitioner as also the fifth respondent was against one and WP(C).No.24149/2010-P. 2 the same vacancy available in the post of Dhobi. Subsequently, another vacancy also occurred in the post of Dhobi on account of the retirement of the incumbent holding the said post. Pursuant to the occurrence of the said vacancy the fifth respondent was accommodated against it, it is contended. While admitting this writ petition this Court passed an interim order on 2.8.2010 restraining the respondents from transferring the fifth respondent against the then available vacancy in the post of Dhobi in District AR Camp, Kottayam. Later, the interim order was modified on 15.10.2010 as hereunder:- “Heard on the question of interim orders. After hearing the learned counsel for the petitioner, the learned counsel for the fifth respondent and the learned Govt.Pleader, I pass the following interim order: The third respondent shall provisionally give category change to the petitioner as Camp Follower Dhobi and retain the petitioner at AR Camp Kottayam, in the vacancy of Dhobi available. The fifth respondent shall be posted as Camp Follower Sweeper in the vacancy arising on the petitioner being given category change as WP(C).No.24149/2010-P. 3 Dhobi at AR Camp, Kottayam, for which for the present the 5th respondent agrees. The above arrangement shall be purely provisional and subject to final orders in the writ petition.” Thereafter, the 5th respondent filed I.A.No.9746 of 2011. It was prayed therein for a clarification that the interim orders rendered earlier, would not stand in the way of respondents 1 to 4 in implementing Ext.R5(f) order during the pendency of the writ petition on account of occurrence of one more vacancy of Camp Follower pursuant to Ext.R5(h). Ext.R5(f) is the order dated 28.7.2010 transferring and posting the 5th respondent to AR Camp, Kottayam in the existing vacancy of Dhobi. It is its implementation that was stayed as per interim order dated 2.8.2010. On 14.6.2011 the aforementioned vacancy of Camp Follower occurred in District AR Camp, Kottayam when one Mr.Gangadharan was relieved as per Ext.R5(h) pursuant to his transfer and posting to Forensic Science Laboratory, Thiruvananthapuram. Accordingly, on 24.6.2011 an order was passed thereon as hereunder:- “It is clarified that the interim order in this WP(C).No.24149/2010-P. 4 writ petition will not stand in the way of implementation of Ext.R5(f) order without disturbing the petitioner in the writ petition.” Subsequent to the said order, the 5th respondent was accommodated against the said vacancy, it is submitted. In view of the above subsequent developments there is no impediment at all to accommodate the petitioner in the already existing vacancy of Dhobi, it is contended. However, the respondents are not taking any action for considering his request for category change. The learned counsel for the petitioner submitted that in view of subsequent developments it is only proper for the competent authority to consider the request of the petitioner for category change that was duly recommended by the first respondent. 2. I have heard the learned counsel appearing for the petitioner, the learned Government Pleader appearing for the respondents 1 to 4 and also the learned counsel appearing for the 5th respondent. In view of the position obtained in this case I am of the view that this writ petition can be disposed of with directions. Evidently, the request of the petitioner for WP(C).No.24149/2010-P. 5 category change was duly recommended by the first respondent and the same was forwarded to the 3rd respondent. The fifth respondent was already accommodated against the second vacancy that occurred during the pendency of this writ petition on account of Ext.R5(h). In the said circumstances the vacancy in the post of Dhobi against which the petitioner was ordered to be accommodated provisionally by giving category change is available. The 3rd respondent shall, therefore, consider the request of the petitioner for category change on a regular basis, taking note of the recommendation made by the 3rd respondent as per Ext.P2 and take a decision in the matter, expeditiously, at any rate, within one month from the date of receipt of a copy of this judgment. This writ petition is disposed of, accordingly. C.T. RAVIKUMAR, (Judge) Kvs/-