IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 36828 of 2008(H) ---------------------------------------- PETITIONER(S): ------------------------ I.B.CLEMENT, MUSEUM GUIDE KOLLAMKODE PLALACE, MURAL ARTS CENTRE),CHEMPUKAVU PO., THRISSUR-20. BY ADV. SMT.M.SINDHU THANKAM SMT.O.H.NAZEEBA RESPONDENT(S): ---------------------------- 1. DIRECTOR OF ARCHEOLOGY, DEPARTRMENT OF ARCHEOLOGY SREEPADAM PALACE EAST FORT P.O. THIRUVANANTHAPURAM. 2. PUBLICATION OFFICER, ARCHEOLOGICAL MUSEUM, HILL PALACE, THIRUVANANTHAPURAM-695023. 3. DOCUMENTATION OFFICER, KOLLAMKODE PALACE (MURAL ARTS CENTRE) CHEMPUKAVU PO., THRISSUR-20. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No.36828 of 2008 ====================================== Dated this the 17th day of December 2008 JUDGMENT Heard Smt.Sindhu Thankam, 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 Museum Guide in the Department of Archaeology. He is aggrieved by his transfer from Sakthan Thampuran Museum at Thrissur to the Hill Palace Museum at Thripunithura. The pleadings disclose that the petitioner was formerly employed as a Guide in the Hill Palace Museum at Thiruvananthapuram. He was temporarily deputed to the Sakthan Thampuram Museum for a period of six months as per order dated 3.5.2008 issued by the Director of Archaeology Department. On the expiry of the said period, by Ext.P4 order dated 19.11.2008, he was transferred back to the Hill Palace Museum at Thripunithura. In this Writ Petition, the petitioner challenges Ext.P4 and prays for a writ in the nature of mandamus commanding the respondents to retain him at Thrissur. 3. The petitioner is a native of Thrissur. He submits that though he was deputed to Thrissur for a period of six months after serving at Thrissur for a period of two months, he was deputed to work at Kollamgode. Seeking a transfer back either to Kollamgode or to Thrissur, he has moved the Director of W.P.(C)No.36828 of 2008 2 Archaeology in Ext.P5 representation dated 2.12.2008. 4. Ext.P4 does not disclose that a substitute has been appointed in the petitioner’s place at Thrissur. The question whether the petitioner can be accommodated at Thrissur or at Kollamgode, is primarily a matter for the Director to decide, having regard to the exigencies of service. Since the petitioner has already moved the Director in that regard, it is for that authority to consider the said question and take a decision thereon. The petitioner has in Ext.P5 inter alia pointed out that he has to look after his aged mother who is chronically ill. In these circumstances, I dispose of the Writ Petition with a direction to the first respondent to consider the request made by the petitioner in Ext.P5 and take a decision thereon, within a period of one month from the date of receipt of a copy of this judgment. Needless to say, the Director shall sympathetically consider the matter, having regard to the grounds set out by the petitioner in Ext.P5. Until orders are passed on Ext.P5, the post of Museum Guide in the Sakthan Thampuran Museum at Thrissur shall not be filled up on a regular basis. P.N.RAVINDRAN, JUDGE css/ W.P.(C)No.36828 of 2008 3