IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 WP(C).No. 34394 of 2008(T) -------------------------- PETITIONER(S): --------------- MOHANAN.M.T, FIRST GRADE OVERSEER, BLOCK DEVELOPMENT OFFICE, VYTTILA, ERNAKULAM. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN:695 001. 2. CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM, PIN:695 001. BY GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No. 34394 of 2008 ====================================== Dated this the 21st day of November 2008 JUDGMENT Heard Sri.S.P.Aravindakshan Pillai, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner was transferred and posted as First Grade Overseer in the office of the Assistant Executive Engineer, Local Self Government Department Sub Division, Vyttila while he was working in the Block Development Office at Pattanakkad. Ext.P1 is the order of transfer issued in that regard on 9.9.2008. The order has taken effect and the petitioner has joined duty at Vyttila. The petitioner is a resident of Pallippuram Grama Panchayat in Cherthala Taluk. He is also a member of a Scheduled Caste Community. Pointing out that a vacancy of Overseer will arise shortly in the Block Development Office at Pattanakkad, the petitioner has submitted Ext.P4 representation before the Secretary to Government, Local Self Government Department wherein he has also claimed that as a member of a Scheduled Caste Community he is entitled to be given a posting either in his home district or in a station of his choice. In this writ petition, the petitioner prays for a direction to the first respondent to consider the request made by him in Ext.P4 for transfer and posting to Block Development Office, Pattanakkad. W.P.(C)34394/2008 2 3. The petitioner has in Ext.P4 pointed out that a vacancy of Overseer will shortly arise in Pattanakkad. Whether going by the guidelines governing transfer, as a member of the Scheduled Caste Community, the petitioner is entitled to preference for a posting to Pattanakkad, is primarily a matter for the Government to decide. In these circumstances, the Secretary to Government, Local Self Government Department is directed to consider the request made by the petitioner in Ext.P4 before the vacancy of Overseer arising shortly in the Block Development Office at Pattanakkad is filled up. The claim of others shall also be considered along with that of the petitioner. P.N.RAVINDRAN, JUDGE css/