IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 32980 of 2008(A) --------------------------------------- PETITIONER(S): ------------------------- E.K.SUDHEER, HEAD SURVEYOR, RE-SURVEY SUPERINTENDENT'S OFFICE, KASARAGOD. BY ADV. SRI.P.I.DAVIS RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARAIT, THIRUVANANTHAPURAM. 2. DIRECTOR OF SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P.(C) NO:32980 of 2008 ----------------------------- Dated this 10th day of November, 2008 J U D G M E N T Heard Sri.P.I.Davis, the learned counsel appearing for the petitioner and Sri.P.Nandakumar, the learned Government Pleader appearing for the respondents. 2. The petitioner, who belongs to Thrissur District, is presently working as Head Surveyor at Kasargod. He was promoted as Head Surveyor by order dated 8-8-2007 and transferred to Kasargod district. After joining at Kasargod he submitted Ext.P1 application seeking a transfer to Thrissur district during the year 2008. His grievance is that Smt.K.G.Jancy, his junior, who was promoted and transferred to Malappuram by order dated 14-01-2008 was transferred back to Thrissur, her home district as per order dated 31-10-2008 while his claim was not considered at all. The petitioner has a further grievance that many of his other juniors who belong to Pathanamthitta district were also likewise transferred from Kasargode to Pathanamthitta. Reference is made to these facts in paragraphs 4 and 6 of the writ petition. He submits that he has filed Ext.P3 W.P.(C) NO:32980 of 2008 2 representation before the Director of Survey and Land Records and Ext.P4 representation before the Secretary to Government seeking transfer to Thrissur. The petitioner has in this writ petition inter alia prayed for a direction to the respondents to consider and pass orders on Exts.P3 and P4 representations within a time limit to be fixed by this Court. 3. When the writ petition came up for hearing today, Sri.P.I.Davis, the learned counsel appearing for the petitioner submitted that without going into the merits of the contentions raised by the petitioner, the writ petition may be disposed of with a direction to the Director of Survey and Land records to consider the request made in Ext.P3, especially the request for a posting in the office of the Cochin Devaswom Board at Thrissur as Head Surveyor, which post is presently lying vacant. The learned counsel further submitted that when transfers for the year 2008 were effected, the petitioner's juniors were posted back to their home districts. Sri.P.Nandakumar, the learned Government pleader submitted that the request made by the petitioner in Ext.P3 will be looked into by the Director of Survey and Land Records and appropriate orders passed thereon having regard to W.P.(C) NO:32980 of 2008 3 the guidelines governing transfer and posting of Government servants. In the light of the submissions made at the Bar, I dispose of the writ petition with the following directions: (i) The Director of Survey and Land records shall consider the request made by the petitioner in Ext.P3 in accordance with the guidelines governing transfer and posting of Government employees and take a decision thereon at the earliest and in any case within one month from today. If as stated by the petitioner a vacancy of Head Surveyor exists in the office of the Special Tahasildar, Cochin Devaswom Board, Thrissur, the request in Ext.P3 shall be considered before the said vacancy is filled up. If for any reason the petitioner cannot be accommodated against the vacancy in the Cochin Devaswom Board at Thrissur his claim in Ext.P3 shall be considered, against the next arising vacancy in Thrissur district. The Director, Survey and Land Records shall also take note of the petitioner's grievance that persons ranked below him in the seniority list, have been posted back to their home districts soon after they were posted at Kasargod district. W.P.(C) NO:32980 of 2008 4 (ii) The petitioner shall with a view to enable the Director of Survey and Land Records to comply with the directions issued herein, produce a copy of the writ petition along with a copy of this judgment before the said officer. P.N.RAVINDRAN, JUDGE bps