IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WP(C).No. 20113 of 2009(H) -------------------------- PETITIONER(S): ------------------------ JOLLY VARGHESE, `ROSANNE' THACHIL HOUSE, VIDHYA NAGAR CROSS ROAD, KADAVANTHRA, KOCHI-20. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, DEPT.OF LOCAL SELF GOVERNMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. JOSE MICHAEL T.J., EXECUTIVE ENGINEER, THRISSUR CORPORATION, THRISSUR. 3. T.S.VELUSWAMY, EXECUTIVE ENGINEER, PALAKKAD MUNICIPALITY. ADV. SRI.K.JAJU BABU FOR R2 SRI.A.HAROON RASHEED FOR R2 SR.GOVT.PLEADER SRI.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.20113/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF GO(RT) NO.1573/2007/LSGD DT 1.6.07 ISSUED BY THE 1ST RESPONDENT. EXT.P2: TRUE COPY OF GO(RT) NO.1686/2009/LSGD DT 8.7.09 ISSUED BY THE 1ST RESPONDENT. EXT.P3: TRUE COPY OF THE PROCEEDING NO.G1-4484/2002 DT 9.7.09 ISSUED BY THE SECRETARY OF PALAKKAD MUNICIPALITY. EXT.P4: TRUE COPY OF THE INTERIM ORDER DT 10.7.09 IN WPC NO.19444/09 OF THIS HON'BLE COURT. EXT.P5: TRUE COPY OF THE REPRESENTATION DT 14.7.2009 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 20113 OF 2009 (H) ===================== Dated this the 26th day of May, 2010 J U D G M E N T Petitioner was working as an Executive Engineer in the Palakkad Municipality. While so, by Ext.P2 order, he was transferred and posted to Trichur, in the place to be vacated by the 2nd respondent, who was transferred from Trichur to Kozhikode. The 2nd respondent challenged the transfer by filing WP(C) No.19444/09 before this Court and Ext.P4 interim order of stay was obtained. With the result, he continued in Trichur. 2. At the same time, in pursuance to the order of transfer, petitioner got himself relieved from Palakkad and also had joined Trichur. However, in view of Ext.P4 interim order, he was not permitted to discharge his duties. It is in those circumstances the writ petition was filed by the petitioner and pursuant to the interim order dated 17/7/2009, petitioner continued at Palakkad. 3. As stated above, on the basis of Ext.P4 interim order, the 2nd respondent continued at Trichur, and on attaining the age of superannuation, retired from service on 31/3/2010. Petitioner states that now that the 2nd respondent has retired from service WPC No. 20113/2009 :2 : and as the post is still not filled up, he should be accommodated against the said post. 4. If as stated by the petitioner, vacancy is available, having regard to the fact that it was by virtue of the interim orders passed by this Court, the petitioner could not join at Trichur, it is only appropriate that the Chief Engineer should consider the subsequent developments and pass appropriate orders on this controversy. 5. Therefore, I dispose of this writ petition leaving it open to the petitioner to move the 1st respondent, pointing out the subsequent developments and the 1st respondent shall issue appropriate orders in the matter. It is directed that if an application as above is moved before the 1st respondent, the matter shall be considered and orders shall be passed, as expeditiously as possible, at any rate within 4 weeks of its receipt. It is directed that in the meanwhile, if as on date, the vacancy of Executive Engineer in Trichur Corporation is unfilled, none shall be appointed until the matter is considered as above. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC, JUDGE Rp