IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 16290 of 2009(E) --------------------------------------- PETITIONER: ------------------- LOVELY BHASKER, HEALTH INSPECTOR GRADE-I, TRIPUNITHURA MUNICIPALITY, TRIPUNITHURA. BY ADVS. MR.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI, MR.BRIJESH MOHAN, MR.T.R.SADEESAN. RESPONDENTS: ------------------------ 1. THE DIRECTOR OF URBAN AFFAIRS, TRIVANDRUM. 2. TRIPUNITHURA MUNICIPLITY, TRIPUNITHURA, REP. BY ITS SECRETARY. 3. SRI. M.D.PRAKASAN, HEALTH INSPECTOR GRADE-I, TIRUR MUNICIPALITY, TIRUR, MALAPPURAM DIST. R1 BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN, R2 BY MR.V.M.KURIAN, S.C, R3 BY ADVS. MR.J.JULIAN XAVIER, MR.FIROZ K.ROBIN, SMT.M.S.SOUJATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2009, ALONG WITH W.P.(C). NO. 20291 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16290/2009-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. E5-5801/08 DTD. 31/07/08 ISSUED BY THE R.1. EXT.P.2: COPY OF THE JUDGMENT DTD. 30/09/08 IN W.P.(C).NO.24045/08 OF THIS HONOURABLE COURT. EXT.P.3: COPY OF THE APPELLATE ORDER NO. G1-364/09 DTD. 20/02/09 ISSUED BY THE R.2. EXT.P.4: COPY OF THE ORDER NO. E5/9410/2009 DTD. 04/05/09 ISSUED BY THE R.1. EXT.P.5: COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE ORTHOPAEDIC SURGEON OF GENERAL HOSPITAL, ERNAKULAM TO THE PETITIONER ON 06/05/09. EXT.P.6: COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE R.1. ON 07/05/09. RESPONDENTS' EXHIBITS: EXT.R3.1: COPY OF THE APPLICATION DTD. 24/02/2009 FILED BY THE R.3. WHICH WAS FORWARDED WITH THE COVERING LETTER OF THE SECRETARY, TIRUR CORPORATION. EXT.R3.2: COPY OF THE REPRESENTATION DTD. 18/04/2009. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. ---------------------------------------- W.P(C) Nos.16290/2009-E & 20291 of 2009-F ----------------------------------------- Dated this the 6th day of August, 2009. J U D G M E N T Heard Sri.K.Jaju Babu, the learned counsel appearing for the petitioner in W.P(C) No.16290 of 2009, Sri.Julian Xavier, the learned counsel appearing for the petitioner in W.P(C) No.20291 of 2009 and Smt.Anu Sivaraman, the learned Government Pleader appearing for the official respondents in the writ petitions. 2. The petitioner in W.P(C) No.16290 of 2009 is the second respondent in W.P(C) No.20291 of 2009 and the third respondent in W.P (C) No.16290 of 2009 is the petitioner in W.P(C) No.20291 of 2009. The petitioner in W.P (C) No.16290 of 2009 who is working as Health Inspector Gr.I, in Tripunithura Municipality was transferred by Ext.P1 order dated 31.7.2008 issued by the Director of Urban Affairs from Tripunithura to Aluva. She challenged the order transferring her from Tripunithura to Aluva by filing W.P(C) No.24045 of 2008 in this Court. By Ext.P2 judgment delivered on 30.9.2008 the said writ petition was dismissed holding that there is no merit in the writ petition. This Court however reserved liberty with the petitioner to prosecute the representation filed by her before the Director of Urban Affairs seeking cancellation of Ext.P1 order of transfer. 3. It appears that the Director of Urban Affairs informed the W.P(C) No.16290/2009-E & 20291 of 2009-F 2 petitioner in W.P.(C) No.16290 of 2009 by Ext.P3 letter dated 20.2.2009 that her representation will be considered when general transfers are effected for the year 2009 and that till then the existing state of affairs will continue. The petitioner accordingly continued in Tripunithura Municipality. Thereafter, Ext.P4 draft transfer order for the year 2009 was issued by the Director of Urban Affairs on 4.5.2009. By Ext.P4, the Director of Urban Affairs proposed to transfer the petitioner to Trissur and the third respondent based on his request to Tripunithura. Aggrieved by the proposal to transfer her to Trissur, the petitioner in W.P (C) No.16290 of 2009 has filed Ext.P6 representation requesting that she may be transferred and posted either in Perumbavoor, Aluva, Muvattupuzha, Thodupuzha or Cherthala Municipalities. W.P.(C) No.16290 of 2009 was thereafter filed contending interalia that in the light of Ext.P2 judgment by which this Court upheld Ext.P1, the petitioner is willing to serve at Aluva. She also contends that in any case, before finalising Ext.P4, the request made by her in Ext.P6 should be considered having regard to the fact that she will retire from service within the next two years. The third respondent in W.P(C) No.16290 of 2009 has filed W.P(C) No.20291 of 2009 seeking implementation of Ext.P4 draft transfer order and to direct the official respondents to transfer and post him as Health Inspector Gr.I in Tripunithura Municipality. 4. The learned Government Pleader appearing for the official respondents submits on instructions that Ext.P4 draft transfer order has W.P(C) No.16290/2009-E & 20291 of 2009-F 3 not been finalised in so far it relates to Health Inspectors Gr.I and that under the guidelines governing transfer and posting of Government employees and in terms of Ext.P4 order itself, the petitioners in these writ petitions are entitled to put forward their objections against Ext.P4 order. I am therefore of the opinion that both these writ petitions are premature. I accordingly dispose of these writ petitions with a direction to the Director of Urban Affairs to consider the request made by the petitioners in these writ petitions and to finalise Ext.P4 draft transfer order expeditiously and in any event within six weeks from the date on which either of the petitioners produces a certified copy of this judgment before him. While considering the rival contentions, the Director of Urban Affairs shall have due regard to the fact that in paragraph 3 of the writ petition the petitioner in W.P(C) No.16290 of 2009 has expressed willingness to serve at Aluva, the station to which she was transferred during the previous year by Ext.P1 order passed by the Director of Urban Affairs himself and also having regard to the fact that it was the Director of Urban Affairs who kept Ext.P1 order of transfer in abeyance, though this Court had upheld the same. It will open to the petitioners in these writ petitions to file detailed representations setting out their grievances, claims and contentions before the Director of Urban Affairs. The writ petitions are disposed of as above. No costs. Sd/- ab P.N.RAVINDRAN, JUDGE