IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 20012 of 2009(V) ------------------------------------- PETITIONER: ------------------- V.K.MOHANDAS, TOWN PLANNER, TOWN PLANNING OFFICE, KANNUR. BY ADV. SRI.M.CHATHUKUTTY NAMBIAR RESPONDENTS: ---------------------- 1. PRINCIPAL SECRETARY TO GOVT., LOCAL SELF GOVT., STATE OF KERALA, THIRUVANANTHAPURAM. 2. CHIEF TOWN PLANNER, CHIEF TOWN PLANNING OFFICE, STATE OF KERALA, THIRUVANANTHAPURAM. 3. K.M.GOPAKUMAR, TOWN PLANNER, OFFICE OF THE TOWN PLANNER, MALAPPURAM. R1 & R2 BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP (C) NO.20012 OF 2009-V APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF THE GUIDELINES DATED 4.4.2007 EXT.P2 PHOTOCOPY OF THE POSTING ORDER DATED 6.6.2009 EXT.P3 PHOTOCOPY OF THE REQUEST MADE BY THE PETITIONER DATED 13.2.2009. / TRUE COPY / ANTONY DOMINIC, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 20012 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December, 2009 JUDGMENT Petitioner is working as Town Planning Officer at Kannur District. He has requested for a transfer to Trichur. 2. In this Writ Petition, this Court passed an order dated.19.08.09 directing the 1st respondent to consider the request made by the petitioner in Ext.P3, for transfer to Trichur. Pursuant to that order, by order dated 17.11.09 the petitioner has now been transferred and posted to Malappuram District. In so far as the vacancy at Trichur is concerned, it is stated that the incumbent who is presently working there will retire only on 31.03.2010 and therefore his claim cannot be considered at this stage. 3. As already stated, petitioner has requested for a transfer to Trichur and that was considered by order dated 17.11.09. It would appear that what stand in the way of the respondents from considering the request of the petitioner is that the present incumbent will retire only on 31.03.2010. WPC : 20012 of 2009 -:2:- 4. In that view of the above, the writ petition is disposed of with the following directions. Petitioner shall join at Malappuram in pursuance to the order dated 17.11.09. However it is directed that after the retirement of the present incumbent working in Trichur, petitioner's claim will be considered and it is made clear that the fact that the petitioner has joined at Malappuram pursuant to this judgment will not be treated as a disqualification, standing in the way of the respondents from considering the claim of the petitioner. The Writ Petition is disposed of as above. Petitioner shall produce a copy of this judgment before the respondent for compliance. ANTONY DOMINIC, JUDGE ttb