IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 15027 of 2010(C) -------------------------- PETITIONER(S): --------------- V.MURALEEDHARAN PILLAI, ASSISTANT TALUK SUPPLY OFFICER, TALUK SUPPLY OFFICE, KARUNAGAPPALLY, (UNDER ORDER OF TRANSFER TO TALUK SUPPLY OFFICE, KOLLAM). BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF CIVIL SUPPLIES, OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF CIVIL SUPPLIES, OFFICE OF THE DIRECTOR OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 4. A.SHAJAHAN, JUNIOR SUPERINTENDENT, KOLLAM(UNDER ORDER OF TRANSFER TO TALUK SUPPLY OFFICE, KARUNAGAPPALLY. MR.ANTONY MUKKATH, GOVERNMENT PLEADER FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.15027/2010 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF DISABILITY CERTIFICATE ISSUED BY THE MEDICAL BOARD. P2 : COPY OFGO(P) NO.22/2009/P & ARD DATED 10/12/2009. P3 : COPY OF PROCEEDIGNS DATED 29/04/2010 ISSUED BY THE DISTRICT SUPPLY OFFICER, KOLLAM. P4 : COPY OF PROCEEDIGNS OF THE COMMISSIONER OF CIVIL SUPPLIES DATED 11/05/2010. P5 : COPY OF COVERING LETTER FORWARDING THE INTERIM ORDER ISSUED BY THIS HONOURABLE COURT DATED 19/05/2010. P6 : COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DIRECTOR OF CIVIL SUPPLIES. P7 : COPY OF REPRESENTATION DATED 19/07/2010. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.15027 of 2010 (C) --------------------------------- Dated, this the 28th day of July, 2010 J U D G M E N T Petitioner is working as Assistant Taluk Supply Officer. From Ext.P1 medical certificate, it is seen that the petitioner has 40% permanent disability. According to the petitioner, he is entitled to preference in the matter of transfer and posting on account of Ext.P2 Government Order. 2. Petitioner was posted at Kollam. From there by Ext.P3 order dated 29/04/2010 he was transferred and posted to Karunagappally, where he joined on 30/04/2010. Immediately thereafter on 11/05/2010, Ext.P4 order was issued transferring the petitioner again to Kollam. It was thereupon that this writ petition has been filed. 3. Although this Court by order dated 18/05/2010 stayed Ext.P4 to the extent it transfers the petitioner, it would appear that by that time, the transfer order has already been taken effect. Accordingly, the petitioner has joined at Kollam. Subsequently, the WP(C) No.15027/2010 -2- petitioner has filed Ext.P7 representation before the 2nd respondent requesting for retransfer to Karunagappally, where according to the petitioner, his wife is also working. Now all that the petitioner seeks is a direction to the 2nd respondent to consider Ext.P7 representation. 4. Having regard to the facts as stated above, and also on account of Ext.P1 medical certificate and Ext.P2 Government Order, it is directed that the 2nd respondent shall consider Ext.P7 with notice to the petitioner and the 4th respondent. This shall be done as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment along with a copy of this writ petition. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 2nd respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg