IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 20719 of 2008(N) ------------------------------------- PETITIONER : ------------------ M.K.DEVARAJ, 47 YEARS S/O.M.K.GOPALAKRISHNAN NAMBIAR TELEPHONE EXCHANGE, BSNL, PERIYA, MAMANTHAVADY, WAYANAD, NOW WORKING AS TELECOM MECHANIC AT PERIYA TELEPHONE EXCHANGE IN MANANTHAVADY. BY ADV. SRI.P.V.KUNHIKRISHNAN SMT.BINDU GEORGE RESPONDENTS : ---------------------- 1. THE PRINCIPAL GENERAL MANAGER, BHARAT SANCHAR NIGAM LIMITED, KOZHIKODE 2. THE DIVISIONAL ENGINEER, TELECOM, MANANTHAVADY, WAYAND BY ADV.SRI.JAYASANKAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 20719 of 2008 -------------------------- Dated this the 10th July, 2008 J U D G M E N T Petitioner is a Telecom Mechanic presently stationed at Periya Telephone Exchange in Mananthavady. He is a permanent resident of Kozhikode. Apparently, he was originally appointed in Kozhikode Secondary Switching Area in 1992. Then he sought for a transfer to Kannur Exchange which was given to him. He again sought a transfer back to Kozhikode district which was also given to him. Thereafter, the petitioner was transferred to Thirumeni Telephone Exchange and he again made a request for a transfer to Kozhikode district in terms of Rule 38 of the P & T Manual Volume which provides forfeiture of seniority on transfer. Petitioner’s request was directed to be considered by the Department as per the Judgment of this Court in WP(C) No.6521 W.P ( C) No. 20719 of 2008 2 of 2008. It ultimately resulted in Exhibit P4 order. Exhibit P4 order is an elaborate order that deals with the contentions of the petitioner. It refers to the fact that petitioner had misrepresented the facts before this Court and he filed earlier writ petition alleging that his wife was no more. It is now seen that his wife Sobha Devarajan had actually moved the Judicial First Class Cherthala for maintenance from the petitioner. Learned counsel for the petitioner submits that the averment is that his first wife is no more and second wife is apparently not staying with him. 2. I am not inclined to interfere with Exhibit P4 order as such. Nevertheless taking note of the fact that petitioner is looking after his son, the respondents may sympathetically consider the case of the petitioner for a posting in Kozhikode, if it is made again after a period of six months. I say so because learned counsel for the respondents submit that there are already several persons in the waiting list seeking a posting in Kozhikode district. But the respondents may W.P ( C) No. 20719 of 2008 3 nevertheless consider the case of the petitioner in the manner aforementioned provided the petitioner renews his request after a period of six months and in such a case decision on his request may be taken without reference to Exhibit P4 order as such. The writ petition is disposed of as above. (V.GIRI, JUDGE) ma W.P ( C) No. 20719 of 2008 4 W.P ( C) No. 20719 of 2008 5