IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 38227 of 2008(A) -------------------------- PETITIONER: ------------------ K.P.LEELAMANI, AGED 53 YEARS, W/O.T.S.SUKUMARAN, RESIDING AT CHITHIRATHERACKAL, UDAYAMPEROOR, WORKING AS SENIOR SUPDT., OFFICE OF THE DEPUTY DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT, KOTTAYAM. BY ADV. MR. T.A.UNNIKRISHNAN MR. P.P.BIJU RESPONDENTS: --------------------- 1. THE GOVERNMENT OF KERALA, REP. BY SECRETARY, AGRICULTURAL DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT, ERNAKULAM. 4. SHRI. THOMAS MATHEW, SENIOR SUPDT. (UNDER SUSPENSION), KUDUKKACHIRA HOUSE, VAZHAKULAM P.O., MUVATTUPUZHA. R1 TO R3 BY3 BY MR. NANDA KUMAR, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 38227 of 2008(A) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REQUEST DAATED 7.11.2008 TO THE 2ND RESPONDENT. P2: COPY OF THE ORDER DATED 20.12.2008 ISSUED BY 2ND RESPONDENT. P3: COPY OF THE ORDER DATED 20.05.2009 ISSUED BY 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL // TRUE COPY // P.A. TO JUDGE kkms/ V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 38227 OF 2008 = = = = = = = = = = = = = == = = = = = = = Dated this the 15th day of October 2009. JUDGMENT Petitioner is a Senior Superintendent working in the Diary Development Department. She is currently stationed in the Office of the Deputy Director in Kottayam. She is a native of Ernakulam District. She suffers serious health problems. One of her sons passed away and the younger son is in Army at Hyderabad. Her husband is a retired Government Servant. Petitioner and her husband reside at Udayamperoor. 2. Vacancy of Senior Superintendent arose in the Office of the Deputy Director at Ernakulam. Petitioner made Ext.P1 request. It was not considered, while so, the 4th respondent who was placed under suspension was reinstated and directed to be posted in the Office of the 3rd respondent. It is in these circumstances that the petitioner approached this Court. 3. 4th respondent did not appear in spite of service. This Court passed a detailed interim order on 06.04.2009 requiring the second respondent to consider the petitioner's request. An order has been passed by the Director rejecting the request of W.P.(C). No. 38227 OF 2008 2 the petitioner. The same has been produced as Ext.P3 along with I.A.No.12511/2009. One of the reasons given for not disturbing the 4th respondent is that he is due to retire on 31.03.2010, whereas the petitioner, who will attain the age of superannuation only in July 2011 will continue in service upto March 2012. 4. I am not in a position to say that the reasons given in Ext.P3 are completely irrelevant or untenable. But, I also take note of the personal problems suffered by the petitioner and she herself is due to retire by March 2012. 5. In the circumstances, the second respondent shall ensure that the petitioner is posted as a Senior Superintendent in the Office of the Deputy Director of Diary Development Department, Ernakulam, the 3rd respondent, in the vacancy, that will arise on the retirement of the 4th respondent with effect from 31.03.2010. Writ petition is disposed of as above. (V.GIRI) JUDGE kkms/