IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 WP(C).No. 25097 of 2008(K) -------------------------- PETITIONER: ------------ SASIDHARAN NAIR.V, BUILDING INSPECTOR, MUNICIPAL OFFICE, KOTTAYAM. BY ADV. SRI.S.ABDUL RAZZAK RESPONDENT: ------------- THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT ENGINEERING SERVICE, PUBLIC OFFICE BUILDING, MUSEUM JN. THIRUVANANTHAPURAM 01. BY SR GP SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).25097/2008 -------------------- Dated this the 20th day of August, 2008 JUDGMENT The petitioner is presently working as Building Inspector in Kottayam Municipality. He was formerly working in Thiruvananthapuram Corporation. The petitioner was transferred to the Kottayam Municipality in the year 1996. Thereafter he was transferred to Thiruvananthapuram Corporation and later to Guruvayoor Municipality. By Ext.P5 order dated 16.6.2007, he was transferred to Kottayam Municipality. The petitioner submits that as he has to attend to his sick and aged parents , he is forced to commute every day from Thiruvananthapuram where he resides, to Kottayam. The petitioner submits that two vacancies of Building Inspector exist, one in the Nedumangad Municipality and the other in the Corporation of Thiruvananthapuram. The petitioner also submits that he has submitted Ext.P6 representation dated 7.6.2008 to the respondent pointing out these aspects and seeking a transfer either to Nedumangad Municipality or to the Corporation of W.P.(C).25097/2008 2 Thiruvananthapuram. The petitioner has in this writ petition prayed for a writ in the nature of mandamus commanding the respondent to consider Ext.P6 and pass appropriate orders thereon. 2. I have heard Sri.S.A.Razzak, the learned counsel appearing for the petitioner and Smt.M.R.Sreelatha, the learned Senior Government Pleader appearing for the respondent. The learned counsel for the petitioner submitted that as early as on 22.7.2006, even while he was working in Guruvayur Municipality, the petitioner had made a similar request and the said request was not considered when he was transferred and posted in Kottayam Municipality. It is also submitted that as two open vacancies exist in the Nudumangad Municipality and in the Corporation of Thiruvananthapuram, no one will be prejudiced if the petitioner's request is considered on sympathetic grounds. The learned Senior Government Pleader appearing for the respondent on the other hand contended that the petitioner's claim can be considered only along with the claim of others who W.P.(C).25097/2008 3 have made similar requests. 3. After hearing the learned counsel on either side, I am of the opinion that in the facts and circumstances of the case and having regard to the facts set out in Ext.P6, the request made by the petitioner in Ext.P6 deserves to be considered by the first respondent. The first respondent is therefore, directed to consider the request made by the petitioner in Ext.P6 and pass appropriate orders thereon within one month from the date of receipt of a copy of this judgment. If any similar request is pending before the first respondent in respect of the vacancies set out in Ext.P6, first respondent shall consider the said claims also, while passing orders on Ext.P6. With the above observation, the writ petition is disposed of. P.N.RAVINDRAN, Judge mrcs