IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WP(C).No. 66 of 2008(G) ----------------------- PETITIONER: ------------ P. MAMMED KOYA, SPECIAL GRADE SECRETARY, VANDOOR GRAMA PANCHAYAT, P.O. VANDOOR, MALAPPURAM. BY ADV. SMT.I.SHEELA DEVI SMT.M.SINDHU THANKAM RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM-1. 3. THULASI BAI, BEYPORE GRAMA PANCHAYAT, KOZHIKODE. 4. P. AJITHARANI, PUTHUPADI GRAMA PANCHAYAT, KOZHIKODE. 5. C. MURALEEDHARAN, KODANCHERY GRAMA PANCHAYAT, KOZHIKODE. BY GOVERNMENT PLEADER SRI.P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).66/2008 -------------------- Dated this the 14th day of January, 2008 JUDGMENT On promotion to the post of Special Grade Secretary, petitioner was posted to Vandoor Grama Panchayath in Malappuram District. Petitioner resides along with his wife within the Kozhikode corporation. He is due to retire on 30.6.2009. Petitioner is aggrieved that he is compelled to stay away form his residence. 2. According to the petitioner, his wife is completely dependant on him as she is suffering from deep vain thrombosis. Therefore, she requires somebody to look after her, petitioner contends. Though he had submitted an option for a posting in Kozhikode District, the same has been overlooked in favour of his juniors. They have been accommodated in Kozhikode District. 3. Learned counsel for the petitioner refers to Ext.P1 W.P.(C).66/2008 2 guidelines, particularly the clause relating to the acceptance of place of posting on compassionate grounds. The personal difficulties faced by a dependant spouse is one of the factors that could be taken note of by the head of the department to accept the choice of place of posting, made by an employee. 4. After having heard the learned Government Pleader also and having perused the averments in the writ petition, I am of the view that the Director should bestow serious consideration on the request made by the petitioner and contained in Ext.P8. The medical certificate evidencing the health condition of the petitioner's wife is also made available, as is indicated in Ext.P8, along with the representation. 5. In the circumstances, writ petition is disposed of directing the second respondent to consider the petitioner's request for a posting in Kozhikode District as contained in Ext.P8 and take a decision thereon at the W.P.(C).66/2008 3 earliest at any rate within four weeks from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs