IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 6073 of 2009(D) ------------------------- PETITIONER(S): --------------- C.HARIDHARAN, AGED 48, S/O.CHAMIKUTTY ACHARI, EXTENSION OFFICER (PLANNING & MONITORING), BLOCK DEVELOPMENT OFFICER, MUVATTUPUZHA, ERNAKULAM DISTRICT. NOW TRANSFERRED AS EXTENSION OFFICER, (PLANNING & MONITORING),BLOCK DEVELOPMENT OFFICER, THODUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE SRI.PAUL ABRAHAM VAKKANAL SRI.BIJIMON C.CHERIAN SRI.DIJO SEBASTIAN SRI.SABU JOSE RESPONDENT(S): --------------- 1. THE DIRECTOR OF ECONOMICS & STATISTICS, VIKAS BHAVAN, TRIVANDRUM. 2. THE ADMINISTRATIVE OFFICER, DIRECTORATE OF ECONOMICS & STATISTICS, VIKAS BHAVAN, TRIVANDRUM. 3. MRS.P.AMBIKA, RESEARCH ASSISTANT, ECONOMIC & STATISTICS, DISTRICT OFFICE, MUTHALAKODAM P.O., THODUPUZHA, IDUKKI DISTRICT. BY GOVERNMENT PLEADER SRI. P.NANDAKUMAR FOR R1 & R2 ADV. SRI.ELVIN PETER P.J. FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.6073/09 APPENDIX PETITINER'S EXHIBITS: EXT.P1. COPY OF THE MEDICAL CERTIFICATE OF THE PETITIONER EXT.P2. COPY OF THE TREATMENT CERTIFICATE EXT.P3. COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXT.P4. COPY OF THE JUDGMENT IN W.P.(C) NO.14193/07 EXT.P5. COPY OF THE REPLY GIVEN BY THE 1ST RESPONDENT TO THE PETITIONER EXT.P6. COPY OF THE INTERIM ORDER IN W.A. NO.872/08 EXT.P7. COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXT.P8. COPY OF THE LETTER OF THE 1ST RESPONDENT EXT.P9. COPY OF THE REPLY GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT EXT.P10. COPY OF LAWYER NOTICE SENT TO 1ST RESPONDENT EXT.P11. COPY OF G.O.(P)NO.13/2000 EXT.P12. COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO PETITIONER EXT.P13. COPY OF THIS PETITION GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT EXT.P14. COPY OF THE PETITION GIVEN BY K.C.KURIACHAN FOR A POSTING TO MOOVATTUPUZHA EXT.P15. COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT EXT.P16. COPY OF THE LATEST MEDICAL CERTIFICATE OF THE PETITIONER EXT.P17. COPY OF THE INTERIM ORDER IN W.P.(C) NO.23608/08 EXT.P18. COPY OF THE REQUEST SENT BY PETITIONER UNDER RTI ACT EXT.P18(a). COPY OF THE REPLY RECEIVED BY PETITIONER TO THE REQUEST MADE UNDER THE RTI ACT EXT.P19. COPY OF THE JUDGMENT IN W.P.(C) NO.1204/09 EXT.P20. COPY OF THE REPRESENTATION BY THE PETITIONER TO THE 1ST RESPONDENT EXT.P21. COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT. PA TO JUDGE /TRUE COPY/ C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 6073 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of March, 2010 J U D G M E N T The grievance of the petitioner, who is presently working as Extension Officer (Planning & Monitoring) is that despite his repeated requests, he has not been given a posting as Research Assistant in the vacancy in District Office of Economics & Statistics Department, Thodupuzha. It is submitted that a vacancy in the category of Research Assistant would arise in the said office on 1.4.2010. In the circumstances, petitioner submits that in view of Exts.P4 and P17, the respondents are bound to consider his claim for a posting in the vacancy, which is due to occur on 1.4.2010 in the said office. It is his grievance that despite the specific direction in Ext.P17 order to the first respondent to consider his request on compassionate ground, the first respondent is not considering the same in a sympathetic manner. He has also produced Ext.P16 medical certificate in support of his contention raised in Ext.P20. According to him, he has explained the circumstances warranting such a consideration WPC. No.6073/09 : 2 : on compassionate ground in Ext.P20. Without making any observation as to the merits of the contentions of the petitioner, the first responder is directed to consider the request of the petitioner for posting him as Research Assistant in the District office of Economics & Statistics Department, Thodupuzha in the vacancy which is due to occur on 1.4.2010, while taking up the claims of other eligible applicants for such a posting as against the said vacancy. It is made clear that the order in Ext.P21 shall not stand in the way of such consideration of the claim of the petitioner. The writ petition is disposed of as above. C.T. RAVIKUMAR, JUDGE vps