IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 2018 of 2009(M) ----------------------------------- PETITIONER(S): ---------------------- SHIJU.V, LIVESTOCK INSPECTOR GRADE II, VETERINARY HOSPITAL, CHALAKUDY. BY ADV. MR.KKM.SHERIF MR.A.A.ZIYAD RAHMAN MR.LAL K.JOSEPH SMT.SHEENA SAMUEL RESPONDENT(S): ------------------------ 1. THE DIRECTOR, DIRECTOR OF ANIMAL HUSBANDRY, TRIVANDRUM. 2. THE DISTRICT ANIMAL HUSBANDRY OFFICER, ALAPPUZHA. R1 & R2 BY GOVT.PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dkr P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 2018 of 2009-M ------------------------------ Dated this the 22nd day of May, 2009. J U D G M E N T Heard Smt.Sheena Samuel, the learned counsel appearing for the petitioner and Sri.Antony Mukkath, the learned Government Pleader appearing for the respondent. 2. The petitioner who is presently working as Livestock Inspector Gr.II in Veterinary Hospital, Chalakkudy, Thrissur district, has filed this writ petition seeking implementation of Ext.P1 order dated 15.3.2007 passed by the Director of Animal Husbandry, transferring him to Alappuzha District. The petitioner submits that Smt.R.Thulasi, who was working as Livestock Inspector in Sulthanbathery was posted to Alappuzha District pursuant to a similar order issued by the Director, Animal Husbandry, as directed by this Court in Ext.P6 judgment. 3. The respondents have filed a counter affidavit pointing out that Smt.R.Thulasi was posted at Mavelikkara pursuant to the directions issued by this Court in Ext.P6 judgment and that all available vacancies of Livestock Inspector Gr.II in Alappuzha District have been reported to the Kerala Public Service Commission. The respondents contend that the petitioner cannot therefore be accommodated in Alappuzha District. 4. The respondents do not dispute the fact that the Director of Animal Husbandry has permitted the petitioner's transfer from Thrissur District to Alappuzha District. Ext.P1 order issued by the Director has not W.P(C) No. 2018 of 2009-M 2 so far been varied or set aside. Further the pleadings disclose that Smt.R.Thulasi who was transferred to Alappuzha District from Wynad District was Sl.No.6 in the list of persons who had applied for and was granted inter district transfer to Alappuzha District. The petitioner is Sl.No.3 therein. Therefore, I find no justification in the stand taken by the respondents that the petitioner is not entitled to be posted in Alappuzha District. The mere fact that the vacancies in Alappuzha district have been reported to the Commission is not a reason to deny the petitioner the benefit of Ext.P1. The vacancies were admittedly reported after Ext.P1 order was issued. I accordingly dispose of this writ petition with a direction to the first respondent to issue orders giving the petitioner a posting in Alappuzha District in implementation of Ext.P1order issued by him. Orders in that regard shall be passed within one month from the date on which the petitioner produces a certified copy of this judgment before the first respondent. If the posting order has to be issued by any other officer, the Director of Animal Husbandry shall issue necessary instructions in that regard and the said officer shall comply with the directions issued herein, within the time limit stipulated above. The writ petition is allowed as above. Sd/- P.N.RAVINDRAN ab JUDGE //True Copy//