IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 15957 of 2008(Y) -------------------------- PETITIONER: ------------ MEHROOF.M.K., U.D.CLERK (HIGHER GRADE), INTEGRATED TRIBAL DEVELOPMENT PROJECT, KANNUR. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF SCHEDULED TRIBES DEVELOPMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR FOR SCHEDULED TRIBES DEVELOPMENT, THIRUVANANTHAPURAM. 3. THE ADMINISTRATIVE OFFICER, SCHEDULED TRIBE DEVELOPMENT, THIRUVANANTHAPURAM. 4. C.M.MUHAMMED KUNJU, WARDEN, PREMETRIC HOSTEL, KELAKAM. BY SPL.GOVERNMENT PLEADER SRI.C.T.RAVIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXHIBITS EXT.P1- TRUE COPY OF G.O.(rT) NO.4676/91/GAD DATED 8.5.91 EXT.P2- TRUE COPY OF THE ORDER DATED 3.7.91 ISSUED BY THE 2ND RESPONDENT EXT.P3- TRUE COPY OF THE ORDER DTED 5.8.91 EXT.P4- TRUE COPY OF THE ORDER DATED 19.5.08 EXT.P5- TRUE COPY OF G.O.(Rt).911/2006 DATED 14.11.06 EXT.P6- TRUE COPY OF THE REPRESENTATION DTED 24.5.08 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).15957/2008 -------------------- Dated this the 6th day of June, 2008 JUDGMENT Petitioner, who is working as U.D.Clerk (Higher Grade) currently posted at the Integrated Tribal Development Project, is aggrieved by his transfer from Kannur to Kelakam, as per Ext.P4 order. One of the contentions taken up by the petitioner in challenging Ext.P4 is that under Ext.P4 he has been transferred and posted as a Warden which, under the Special Rules is considered as interchangeable to the post of U.D.Clerk. Normally, U.D.Clerk can be posted as a warden. But petitioner submits that it may not be possible in this case because he was recruited prior to the amendment of the Special Rules as such. 2. Learned Government Pleader, on instructions, submits that the petitioner has been continuing in Kannur for several years. This is one of the reasons for his transfer to Kelakom. W.P.(C).15957/2008 2 3. I do not propose to consider the correctness of Ext.P4 transfer order in so far as the petitioner is concerned or for that matter to consider the petitioner’s contention that he cannot be posted as a Warden, on merits. 4. Learned counsel for the petitioner submits that yet another vacancy of U.D.Clerk has arisen in the Integrated Tribal Development Project, Kannur. There is no reason why the petitioner may not be considered against the said vacancy. Ext.P7 has been filed before the Director of Scheduled Tribes Development Department. 5. I heard learned counsel for the petitioner Mr.Kaleswaram Raj and the learned Special Government Pleader. In the circumstances, what is necessary at this stage is only a direction to the second respondent to consider Ext.P7. W.P.(C).15957/2008 3 6. In the result, writ petition is disposed of directing the second respondent to consider the petitioner’s claim as raised under Ext.P7, before the existing vacancies are filled up. V.GIRI, Judge mrcs