IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 WP(C).No. 36726 of 2008(V) ------------------------------------ PETITIONER : ---------------- M.N.MOHANAN NAIR HEALTH INSPECTOR (1ST GRADE) MALAPPURAM MUNICIPALITY MALAPPURAM. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENTS : ------------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. DIRECTOR, URBAN AAFFAIRS, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ===================== W.P(C).No.36726 of 2008 ===================== Dated this the 12th day of December, 2008. JUDGMENT Heard Sri.M.V.Bose, the learned counsel appearing for the petitioner and Smt.T.B.Remani, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Health Inspector, Grade I In Malappuram Municipality. He submits that he has less than two years to retire from service. He further states that he is undergoing treatment in the Amritha Institute of Medical Sciences, Kochi and that his wife recently suffered a stroke and is undergoing treatment. The petitioner seeks a transfer to Ernakulam district on these grounds. He submits that vacancies of Health Inspector, Grade I will shortly arise in Ernakulam District, especially in the Kochi Corporation and that seeking a transfer and posting to Ernakulam district he has moved the Director of Urban Affairs in Ext.P8 representation dated 25.4.2008. 3. When the Writ Petition came up for hearing today, the learned counsel for the petitioner submitted that the Writ Petition may be disposed of with a direction to the Director of Urban Affairs to consider the petitioner's request in Ext.P8 representation for a posting to Ernakulam district in the next arising vacancy, especially the vacancy which is likely to arise in the Kochi Corporation. The question whether WP(C) 36726/08 -: 2 :- having regard to the past service rendered by the petitioner in the northern districts, he can be given a suitable posting in Ernakulam district is essentially a matter for the Director of Urban Affairs to decide having regard to the exigencies of service and the stipulations in the Government orders governing transfer and posting of Government employees. Since the petitioner submits that vacancies of Health Inspector Grade I are likely to arise in the Kochi Corporation shortly, I dispose of the Writ Petition with a direction to the Director of Urban Affairs to consider the request made by the petitioner in Ext.P8 and take a decision thereon at the earliest and in any event, within one month from the date of receipt of a certified copy of this judgment. P.N.Ravindran, Judge. ess 12/12