IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 17766 of 2010(U) -------------------------- PETITIONER(S): --------------------- CHANDRA BABU.C, IIND GRADE DRAFTS MAN, ROAD SUB DIVISION, PUBLIC WORKS DEPARTMENT, THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.WILSON URMESE RESPONDENT(S): ------------------------- 1. THE CHIEF ENGINEER, P.W.D.ADMINISTRATION, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, ROADS SUB DIVISION, P.W.D, THODUPUZHA. 3. GEETHA.P.K, IIND GRADE DEAFTSMAN, BUILDINGS SUB DIVISION, P.W.D, THODUPUZHA. 4. RADHAKRISHNAN NAIR.M, IIND GRADE DEAFTSMAN, KHRI, KARIYAVATTOM, THIRUVANANTHAPURAM. GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 17766 OF 2010 (U) ===================== Dated this the 9th day of June, 2010 J U D G M E N T Petitioner is a Second Grade Draftsman in the Public Works Department. By Ext.P1, he has been transferred from Thodupuzha to Trivandrum. Counsel submits that as can be seen from Ext.P3 letter of the Assistant Executive Engineer, there is one vacancy of Second Grade Draftsman in Thodupuzha itself, against which he ought to have been accommodated. It is also contended that his wife is sick. Further, counsel for the petitioner submits that the petitioner has only 17 months service left and therefore, in terms of the Government Order dated 22/5/1989, he ought to have been posted in a place of his choice. 2. Admittedly, the petitioner holds a transferable post and therefore, petitioner is liable to be transferred. The Government Order relied on by the counsel for the petitioner at best is only a guideline and when a departure is made on the exigencies of service, unless malafides are proved, this Court will not be justified in interfering with the order of transfer. Therefore, deviation from the Government Order, by itself cannot be a WPC No. 17766/10 :2 : ground for interference in this writ petition. 3. Be that as it may, as indicated in Ext.P3 letter of the Assistant Executive Engineer, there is a vacancy, it is open to the petitioner to make an appropriate representation to the 1st respondent, in which event, it is for the 1st respondent to consider whether the petitioner could be accommodated in that post. Therefore, I direct that if the petitioner makes an appropriate representation within 10 days from today, the 1st respondent will consider the claim of the petitioner to be posted at Thodupuzha in the vacancy indicated in Ext.P3 and orders thereon will be passed as expeditiously as possible, at any rate within three weeks thereafter. 4. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp