IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 35146 of 2008(H) -------------------------- PETITIONER(S): --------------- S.PRAMEELA KUMARI HEALTH INSPECTOR GRADE-1, MANJERI MUNICIPALITY, MANJERI, R/AT.TC 50/11, PLAVADI MUDUMBIL VEEDU KARAMANA PO., KALADY, THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF URBAN AFFAIRS THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.35146 of 2008 ------------------------------- Dated this the 28th November, 2008. J U D G M E N T The petitioner is presently working as Health Inspector Grade-I in the Manjeri Municipality. While she was working as Health Inspector Grade II, she was promoted as Health Inspector Grade I and transferred to and posted in the Thiruvalla Municipality in February, 2008. Later, at the time of general transfer, by Ext.P1 order dated 9.5.2008, she was transferred to and posted as Health Inspector Grade I in the Manjeri Municipality. The petitioner submits that retirement vacancies of Health Inspector Grade I will arise shortly in Kollam Corporation and Attingal Municipality and that in Kollam Corporation, yet another vacancy will arise on the promotion of Sri.Sukumaran Pillai as Food Inspector. The petitioner submits that seeking transfer and posting to any one of the said vacancies, she has submitted Ext.P4 representation to the Director of Urban Affairs, the second respondent herein. In this W.P.(C) No.35146 of 2008 2 writ petition, the petitioner prays for a direction to the Director of Urban Affairs to consider the request made by her in Ext.P4 representation and pass orders thereon, within a time limit to be fixed by this Court. 2. The pleadings disclose that in a span of about three months, the petitioner was transferred twice. The petitioner belongs to Thiruvananthapuram District. She has in Ext.P4 representation requested the second respondent to transfer and post her in the retirement vacancies that will arise in Kollam/Attingal, or in the vacancy that will arise in the Kollam Corporation due to the promotion of Sri.Sukumaran Nair. Whether the vacancies as claimed by the petitioner will arise or have arisen, and whether the petitioner can be accommodated against any one of the said vacancies is primarily a matter for the second respondent to decide, at least in the first instance. However, as the petitioner has already moved the second respondent in that regard, I feel that the request made by the petitioner should be considered by the second respondent. W.P.(C) No.35146 of 2008 3 In these circumstances, I dispose of the Writ Petition with a direction to the second respondent to consider the request made by the petitioner in Ext.P4 representation before the retirement vacancies/promotion vacancies, if any, arising in Kollam Corporation/Attingal Municipality are filled up. Needless to say, the claims of others who are eligible shall also be considered. P.N.RAVINDRAN, JUDGE nj.