IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WP(C).No. 27916 of 2008(W) -------------------------- PETITIONER: --------------- E.MERCY, JOINT CHEMICAL EXAMINER, REGIONAL CHEMICAL EXAMINER'S LABORATORY, KOZHIKODE. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. ADDL.CHIEF SECRETARY TO GOVERNMENT, HOME (E) DEPARTMENT, THIRUVANANTHAPURAM. 3. CHIEF CHEMICAL EXAMINER TO GOVERNMENT CHEMICAL EXAMINER'S LABORATORY, THIRUVANANTHAPURAM 4. JOSE M.PHILIP, JOINT CHEMICAL EXAMINER, CHIEF CHEMICAL EXAMINER'S LABORATORY, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ================= W.P(C).No.27916 of 2008 ===================== Dated this the 23rd day of September, 2008. JUDGMENT The petitioner is presently working as joint Chemical Examiner at Kozhikode. She is due to retire from service on 30.11.2009 on attaining the age of superannuation. The petitioner was posted as Joint Chemical Examiner at Kozhikode as per Ext.P1 order dated 8.12.2006. The petitioner's grievance is that though she is entitled to be posted at Thiruvananthapuram, taking note of her past service in northern parts of Kerala, her request was not favourably considered when general transfers were effected during the year 2008. The petitioner submits that she has submitted Ext.P7 representation dated 6.9.2008 before the Secretary to Government, Department of Home Affairs seeking a transfer to Thiruvananthapuram. 2. I have heard Sri.Kaleeswaram Raj, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. The learned counsel for the petitioner submitted that as the petitioner is due to retire from service on 30.11.2009, the official respondents may be directed to consider her request in Ext.P7 in the light of the guidelines governing transfer and posting of Government employees, untrammelled by the findings/ WP(C) 27916/08 -: 2 :- observations in Exts.P5 and P6. The learned Government Pleader appearing for the official respondents on the other hand contended that while considering the claim of the petitioner for a posting at Thiruvananthapuram, the claims of others who are eligible for a posting at Thiruvananthapuram will also have to be considered and that the petitioner cannot claim a posting at Thiruvananthapuram ignoring the claims of others. 3. I have considered the submissions made at the Bar by the learned counsel appearing on either side. Whether the petitioner can be accommodated at Thiruvananthapuram or not, having regard to the norms governing transfer and competing claims of others, is essentially a matter for the Government to decide. Though her request was once turned down by Ext.P6, in the light of the report submitted by the third respondent in Ext.P5, a reading of Ext.P6 indicates that her request was declined on the short ground that there is no vacancy to accommodate her at Thiruvananthapuram. In Ext.P6, the Government do not appear to have considered the claim of the petitioner in the light of the guidelines governing transfer. 4. In these circumstances, I dispose of the Writ Petition with a direction to the Secretary to Government, Department of Home Affairs, to consider the request made by the petitioner in Ext.P7 within six weeks from the date on which the petitioner produces a certified copy of this judgment, in the light of the norms governing transfer. While considering WP(C) 27916/08 -: 3 :- the request made by the petitioner in Ext.P7, the Secretary to Government, Department of Home Affairs shall also take note of and consider similar requests, if any, made by the fourth respondent or others holding the post of Joint Chemical Examiner. P.N.Ravindran, Judge. ess 23/9