IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 36046 of 2008(N) -------------------------- PETITIONER(S): --------------- S.SHAJAHAN, KUZHUVELIL VEEDU MYTHIRI JUNCTION, PURAKKULAM,KOTTIYAM PO KOLLAM WORKING AS CARETAKER, GOVERNMENT OBSERVATION HOUSE, PALAKKAD. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF SOCIAL WELFARE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF SOCIAL WELFARE SOCIAL WELFARE DEPARTMENT, THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 5/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No. 36046 of 2008 ====================================== Dated this the 5th day of December 2008 JUDGMENT Heard Smt.Preethi Ramakrishnan, the learned counsel appearing for the petitioner and Sri.P.Nandakumar, the learned Government Pleader appearing for the respondents. 2. The petitioner was appointed as Caretaker on 30.6.2003 on advice by the Kerala Public Service Commission, hereinafter referred to as `Commission' for short. He was first posted in the Government Observation House at Thiruvananthapuram. The petitioner's wife suffers from Glaucoma and is undergoing treatment at the Sankar Netralaya, Chennai. The petitioner belongs to Kollam. He therefore sought a transfer to Kollam on the ground that during his absence, his parents can look after his ailing wife and their children. That request was granted by Ext.P1 order dated 13.6.2005. Later by Ext.P2 order dated 27.5.2008 he was transferred to Palakkad. 3. Seeking transfer and posting in Kollam District, he moved the Secretary to Government, Social Welfare Department in Ext.P3 representation. That request was rejected by Ext.P5letter dated 24.9.2008 stating that he was transferred from Kollam for the reason that he had completed the normal tenure of three years at Kollam. The petitioner submits that he has in Ext.P4 representation submitted to the Director of Social Welfare W.P.(C)No.36046/2008 2 Department pointed out that Sri.M.P.Muhammed Hussain, Caretaker at Thiruvananthapuram, who was transferred from Palakkad, is willing for a mutual transfer to Palakkad and that if that request is accepted, he can be accommodated at Thiruvananthapuram. In this Writ Petition, filed challenging Exts.P2 and P5, the petitioner inter alia prays for a direction to the second respondent to consider the request made by him in Ext.P4 and pass orders thereon within a time limit to be fixed by this Court. The learned Government Pleader appearing for the respondents submits that the mutual transfer is prohibited under the guidelines governing the transfer and posting of government employees. Reference is made to paragraph-21 of G.O.(P) No.12/04/P&ARD dated 10.9.2004. 4. In the light of the stipulations in paragraph-21 of the Government Order referred to above, the request made by the petitioner in Ext.P4 to mutually transfer him and Sri.M.P.Muhammed Hussain cannot be granted. However, if a vacancy of Caretaker arises either in Kollam or Thiruvananthapuram or in any other neighbouring districts, the request made by the petitioner in Ext.P4 shall be considered as a request for transfer to the said vacancy and a decision taken thereon, having regard to the claims made by others as well. Orders on Ext.P4 shall be passed before the vacancies, if any thus W.P.(C)No.36046/2008 3 arise. 5. The petitioner submits that besides the post occupied by Sri.M.P.Muhammed Hussain, three other vacancies of Caretaker exist in Thiruvananthapuram District. If what the petitioner states represents the correct factual position, the second respondent shall before the said vacancies are filled up, sympathetically consider whether the petitioner can be accommodated against any one of the said vacancies, taking note of the fact that his wife suffers from a serious eye ailment and requires constant medical care and attention. The Writ Petition is disposed of as above. P.N.RAVINDRAN, JUDGE css/