IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 WP(C).No. 18127 of 2009(I) ------------------------------------ PETITIONER(S): ----------------------- N.J.PADMARAJAN, 1ST GRADE SURVAYOR, RE-SURVEY SUPERINTENDENT'S OFFICE, VADAKARA, KOZHIKODE. BY ADVS.MR.M.V.BOSE MR.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): -------------------------- 1. THE DIRECTOR OF SURVEY AND LAND RECORDS, VAZHUTHACAUD P.O., PATTOM, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOZHIKODE. 3. THE DEPUTY COLLECTOR (VIGILANCE), NORTH ZONE, KOZHIKODE. 4. THE DISTRICT SURVEY SUPERINTENDENT, KOZHIKODE. 5. SHRI.MUHAMMED AZHRAF, DISTRICT HEAD SURVEYOR, DISTRICT SURVEY SUPERINTENDENT'S OFFICE, KOZHIKODE. R1 TO R4 BY GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 18127 of 2009 - I =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 8th day of July, 2009 JUDGMENT Heard Sri. M.V.Bose, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents. 2. The petitioner is a First Grade Surveyor. While he was working as Additional Taluk Surveyor at Kunnamangalam, one Aboobacker submitted a complaint about him before the Director of Survey. The Deputy Collector (Vigilance) conducted an enquiry into the said complaint and recommended that the petitioner should be transferred and posted in an office where he does not have to interact with the public. The Deputy Collector (General), Kozhikode thereupon sent Ext.P2 letter dated 13-10-2008 to the District Survey Superintendent. The matter was brought to the notice of the Director of Survey who passed Ext.P3 order dated 1-11-2008 transferring the petitioner from Kozhikode District Establishment to the Re-survey Office in Kasaragod district. The Assistant Director (Re-Survey), Kasargod was directed to give a suitable posting to him. The petitioner thereupon filed W.P.(C) No. 18127/09 2 W.P.(C) No. 33894 of 2008 in this Court. By Ext.P4 order passed on 18-11- 2008 this Court stayed the order transferring the petitioner to Kasaragod. It was clarified that it will be open to the respondents to post the petitioner in any office in Kozhikode district. 3. Pursuant to the said interim order, the Director of Survey issued Ext.P5 order dated 18-12-2008 transferring the petitioner to Kozhikode Survey Range. Thereupon, by Ext.P6 order dated 24-12-2008 the petitioner was relieved from the District Establishment of the Survey department at Kozhikode and asked to report before the Assistant Director of Survey, Kozhikode Range. The petitioner reported before the Assistant Director of Survey, Kozhikode Range and thereupon Ext.P7 order dated 1-1-2009 was passed posting him in the office of the Superintendent of Re-Survey, Vadakara. The petitioner thereupon filed Ext.P9 representation before the Director of Survey and Land Records requesting that he may be posted in the office where he was initially working in the Kozhikode District Establishment. Thereafter W.P.(C) No. 33894 of 2008 came up for hearing on 23-1-2009. Taking note of Ext.P7 order and the fact that the petitioner has been retained in Kozhikode district itself, that writ petition was disposed of by Exhibit P10 judgment with a direction to the Director of Survey and Land Records to consider Ext.P9 representation and pass orders W.P.(C) No. 18127/09 3 thereon. As directed by this Court in Ext.P10 judgment, the Director of Survey passed Ext.P11 order dated 13-3-2009 rejecting the petitioner's request in Ext.P9. Ext.P11 is under challenge in this writ petition wherein the petitioner seeks a writ in the nature of mandamus commanding the respondents to post him in Kozhikoode District Establishment as requested in Ext.P9 representation. 4. Shorn of details, the petitioner's claim is that as the complaint was withdrawn by the complainant, he ought to have been posted in the very same office where he was working when Ext.P3 order of transfer was passed. In the alternative, he would contend that he has to be posted in an office attached to the Kozhikode District Establishment and not in the Re- survey Range. In my opinion, the petitioner cannot insist that he should be posted in a particular office or in a particular city. The petitioner had earlier moved this Court aggrieved by his transfer to Kasaragod District. That order was stayed by this Court and pursuant to the interim order passed by this Court, he was retained in Kozhikode district itself by posting him at Vadakara. Vadakara is not far away from Kozhikode. It is also well connected by rail and road. As a public servant, the petitioner is bound to serve wherever he is posted. The petitioner does not, in my opinion, have a vested right to be posted in a particular office. It is for the W.P.(C) No. 18127/09 4 Government/Head of the Department to decide where an employee should be posted. I am therefore not persuaded to agree with the petitioner that as the complaint filed against him has been withdrawn, he is entitled to be posted in the Kozhikode District Establishment. For the reasons stated above, I hold that there is no merit in this writ petition. The writ petition petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE. mn.