IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 WP(C).No. 5945 of 2011(P) ----------------------------------- PETITIONER: ---------------------- REMA AMBAN, CONFIDENTIAL ASSISTANT GRADE-II, PWD (ROADS DIVISION), KANNUR. BY ADVS. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (ADMINISTRATION), THIRUVANANTHAPURAM- 695 001. 3. THE ADMINISTRATIVE OFFICER, O/O.CHIEF ENGINEER, PWD ADMINISTRATION, THIRUVANANTHAPURAM- 695 001. 4. THE EXECUTIVE ENGINEER, O/O.THE EXECUTIVE ENGINEER, PWD (ROADS DIVISION), KANNUR- 670 001. R1 BY GOVERNMENT PLEADER SHRI. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 5945 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of February, 2011 J U D G M E N T The petitioner is working as a Confidential Assistant in the office of the 4th respondent, since December, 2009. The petitioner came to Kannur in the 4th respondent's office pursuant to Ext.P1 order, which shows that there is an existing post of Confidential Assistant in that office. Now, the petitioner is sought to be transferred to Thiruvananthapuram on the ground that the post occupied by the petitioner has been shifted to Thiruvananthapuram. The petitioner contends that, as is evident from Ext.P4 letter from the 4th respondent to the second respondent, the post of Confidential Assistant is absolutely necessary in the 4th respondent's office and, therefore, it is necessary to create the post of Confidential Assistant if the present post is to be shifted to Thiruvananthapuram. As evidenced by Ext.P5, the second respondent has taken steps to address the Government regarding the proposal to create a post of Confidential Assistant in the 4th respondent's office, when the present post occupied by the petitioner is to be transferred to Thiruvananthapuram. The petitioner submits that in the above circumstances, it is unjust to transfer the petitioner now to W.P.(C)No.5945 of 2011 -2- Thiruvananthapuram. The petitioner, therefore, seeks the following reliefs:- “(i) issue a writ in the nature of Mandamus or or (sic) such other writ direction or order commanding the respondents 2 to 4 to permit the petitioner to continue in the office of the 4th respondent. (ii) issue a writ of Mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 3 to take a decision on Ext.P4 proposal forwarded by the 4th respondent. (iii) issue a writ of Mandamus or such other writ or direction commanding the 2nd respondent to consider and pass orders on Ext.P3 representation taking into consideration of the proposal made in Ext.P4 communication.” 2. The learned Government Pleader on instructions submits that once the post is shifted from Kannur to Thiruvananthapuram, petitioner cannot continue there. He further submits that unless and until the Government sanctions a post of Confidential Assistant in the office of the 4th respondent, the petitioner cannot aspire to continue there. 3. Having heard both sides, I am of opinion that the Government should take a decision on the question of either creating a post of Confidential Assistant in the 4th respondent's office or retaining the post occupied by the petitioner at Kannur itself. In the above circumstances, I direct the 2nd respondent to forward Ext.P4 to the 1st respondent as contemplated by Ext.P5 within two weeks from the date of receipt of a copy of this judgment. The first respondent W.P.(C)No.5945 of 2011 -3- shall thereafter pass final orders regarding either creation of the new post of Confidential Assistant in the 4th respondent's office or retaining the present post occupied by the petitioner in the office of the 4th respondent, as expeditiously as possible. Till orders are passed by the 1st respondent, petitioner shall be allowed to continue in the 4th respondent's office. The Government shall pass orders within three weeks from the date of receipt of Ext.P4 from the 2nd respondent. The writ petition is disposed of as above. S. SIRI JAGAN JUDGE //TRUE COPY// P.A TO JUDGE KRK