IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 2376 of 2009(G) ------------------------- PETITIONER(S): --------------- B.VANAMALI, PREVENTIVE OFFICER, CHITTAR RANGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN SRI.M.S.NISHAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY, EXCISE DEPARTMENT,GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ADDITIONAL COMMISSIONER OF EXCISE, COMMISSIONERATE OF EXCISE,THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE COMMISSIONER, PATHANAMTHITTA DISTRICT, PATHANAMTHITTA GOVERNMENT PLEADER, ADV.SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2376/2009-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th day of February, 2009 J U D G M E N T The main relief sought for in the writ petition is for a direction to the third respondent to post the petitioner in any place under him where field duty is not involved. The petitioner is relying on Ext.P1, which was passed by the Additional Commissioner of Excise after considering his leave applied for on medical grounds, directed that the Assistant Excise Commissioner may avoid him from field unit postings until his physical efficiency before the Medical Board was proved. According to the petitioner, ignoring the same, he was transferred as per Ext.P2 to the Excise Range Office, Chittar which is a hazardous area being surrounded by Forest Hilly Terrains etc.. According to him, he was posted in the Excise Enforcement and Anti-Narcotics Special Squad, Pathanamthitta later, which again is a field unit and which was ordered ignoring the directions contained in Ext.P1. By Ext.P3 he was retransferred to Chittar again. By Ext.P4, he has submitted a representation before the Assistant Excise Commissioner to avoid him from any field duty posting. He has followed it by submitting Ext.P5 before the Joint Excise Commissioner. 2. The learned Government Pleader on instructions submits that W.P.(C) No.2376/2009 -:2:- he was posted at Chittar Range after considering various aspects including administrative exigencies. It is also submitted that the Medical Board has not examined him further. 3. It is pointed out by the learned counsel for the petitioner that there are seven vacancies in Pathanamthitta Division Office and if he is posted in any of the vacancies, he will be exempted from field duty. Since there are no materials here regarding the existence of the said vacancies and, since the petitioner has approached the competent authority by filing Ext.P5 representation, there will be a direction to the Joint Commissioner to consider Ext.P5 in the light of Ext.P1 and, if sufficient vacancies are available in Pathanamthitta his case will be considered sympathetically. Appropriate orders will be passed within a period of one month from the date of receipt of the copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms