IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 23888 of 2009(E) -------------------------- PETITIONER: --------------- S.K.PANKAJAKSHAN,U,D.CLERK,MUNICIPAL OFFICE,KASARAGOD. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,LOCAL ADMINISTRATION DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR,URBAN AFFAIRS DIRECTORATE, THIRUVANANTHAPURAM. 3. THE JOINT DIRECTOR,(ADMINISTRATION)URBAN AFFAIRS DIRECTORATE,THIRUVANANTHAPURAM. 4. MANJU.R,.L.D.CLERK,CORPORATION OF THIRUVANANTHAPURAM. BY SR.GOVT.PLEADER SMT.ANU SIVARAMAN FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 23888 OF 2009 -------------------------- Dated this the 20th day of August, 2009 J U D G M E N T Heard Smt. Nisha Bose, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman the learned Senior Government Pleader appearing for respondents 1 to 3. 2. The petitioner is presently working as Upper Division Clerk in Kasaragode Municipality. He joined duty in Kasaragode Municipality on 22.5.2005. The petitioner's grievance is that though he has completed more than four years of service at Kasaragode and he belongs to a Scheduled Caste community, his request for transfer to a station nearer to his home town has not so far been considered. The petitioner submits that as his wife is a Government servant working at Kottayam, as a member of a Scheduled Caste community, he is entitled to be transferred and posted in his home town or in a station of his choice. The petitioner submits that when the general transfer order for the year 2009 was issued and when open vacancies of Upper Division Clerks were filled up by promotion, his request was not considered. W.P.(C) No. 23888/09 2 3. In my opinion, if the petitioner is aggrieved by the denial of transfer to a station of his choice or to his home town, he ought to have moved the Government by filing an appropriate representation. The Government can ascertain whether vacancies exist either in his home district or in a station of his choice. The Government can also transfer out other employees in order to accommodate the petitioner. This Court exercising jurisdiction under Article 226 cannot undertake such an exercise. In such circumstances, I dispose of this writ petition with a direction that in the event of the petitioner filing an appropriate representation setting out his claims and contentions before the Secretary to Government, Local Self Government Department, the Government shall consider the same and take a decision thereon expeditiously, and in any event, within two months from the date on which such a representation is received from the petitioner. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 23888/09 3