IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 22476 of 2008(A) -------------------------- PETITIONER: ------------------ T.P.MOHAMMED IQBAL, 44 YEARS, S/O.THAYYIL MOIDEEN, DRIVER GR.II, I.C.D.S.PROJECT OFFICE, AREACODE, MALAPPURAM. R/AT.CHOLAYIL HOUSE, KUNIYIL PO., KEEZHUPARAMBU, AREACODE, MALAPPURAM. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: ---------------------- 1. DIRECTOR OF SOCIAL WELFARE, VIKAS BHAVAN, THIRUVANANTHAPURAM 2. DISTRICT SOCIAL WELFARE OFFICER MALAPPURAM 3. THE PROJECT OFFICER ICDS, PROJECT OFFICE, AREACODE 4. K.C.SADANANDAN, PROJECT OFFICER, I.C.D.S.PROJECT OFFICE, WANDOOR MALAPPURAM. BY SR.GOVERNMENT PLEADER SMT. M.R. SREELATHA FOR R1-R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ------------------------- W.P ( C) No.22476 of 2008 -------------------------- Dated this the 14th August, 2008 J U D G M E N T The petitioner is working as Driver Gr.II in the Department of Social Welfare. The grievance voiced by the petitioner in this writ petition is that while he was working as Driver Gr.II in I.C.D.S. Project Office in Areacode in Malappuram district, the vehicle was condemned fraudulently with a view to transfer him out of that office. When this writ petition came up for admission on 25.7.2008, this Court passed the following order: “Smt.Sumathi Dandapani, learned senior counsel for the petitioner submits that recommendation by the fourth respondent as regards the sale of the vehicle bearing registration No.KLM-7919 was apparently motivated by extraneous reasons, particularly with a desire to compell to transfer the petitioner. She further submits that R4 has also been transferred and that the new incumbent could be required to assess the need of a vehicle in the ICDS office at Arecode. Since the transfer of the petitioner going by Exhibit-P7 is only a consequence of non-availability of the vehicle in the ICDS office at Arecode, the W.P ( C) No.22476 of 2008 2 question as to whether a vehicle is being requisitioned for the office at Arecode, may also be looked into. Statement shall be filed on or before 11.8.2008. Post on 12.8.2008. “ 2. This petitioner had in I.A No.10456 of 2008 pointed out that a vacancy of Driver Gr.II exists in the ICDS Project Office at Perinthalmanna and that petitioner has sought for a transfer to said office in Exhibit-P8 representation dated 26.7.2008. Taking note of the said fact, this Court had directed the learned Government Pleader to get instructions from the second respondent as to whether a vacancy of Driver exists in the ICDS Project at Perinthalmanna. Today when the case was called on for hearing, Smt. M.R Sreelatha, the learned Senior Government Pleader appearing for respondents 1 to 3 submitted that a vacancy of Driver exists in the ICDS Project Office at Perinthalmanna and that the respondents are willing to accommodate the petitioner in that vacancy. In the light of the said submission, I dispose of this writ petition with a direction to respondents 1 and 2 to forthwith post the petitioner as Driver in the ICDS Project office at Perinthalmanna. The petitioner was relieved from W.P ( C) No.22476 of 2008 3 the ICDS Project Office at Areacode on 28.7.2008 and is stated to be on leave. It will be open to the petitioner to move the first respondent for regularisation of the period from 28.7.2008 till the date on which he joins duty in the ICDS Project Office at Perinthalmanna. (P.N.RAVINDRAN, JUDGE) ma W.P ( C) No.22476 of 2008 4 W.P ( C) No.22476 of 2008 5