IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 29895 of 2008(H) ------------------------------------------ PETITIONER(S): ----------------------- BINDUMOL.C, PEON, SUB TREASURY OFFICE, KUNDARA. BY ADV. MR.D.KISHORE RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, INDUSTRIAL DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, INDUSTRIAL INSTITUTE, THYCAUD, THIRUVANANTHAPURAM. 3. THE ADMINISTRATIVE OFFICER, INDUSTRIAL TRAINING INSTITUTE, THYCAUD, THIRUVANANTHAPURAM. 4. SUB TREASURY OFFICER, KUNDARA, KOLLAM DISTRICT. 5. AMBILI, PEON, INDUSTRIAL TRAINING INSTITUTE, CHANDANATHOPPU, KOLLAM. R1 TO R4 BY GOVERNMENT PLEADER MR. ANTONY MUKKATH R5 BY ADV. MR.ELVIN PETER P.J. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss W.P.C.NO.29895/2008 H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION DTD. 20/01/06 SUBMITTED BY PETITIONER WITH FORWARDING LETTER. EXT.P2: COPY OF THE PROCEEDINGS DTD. 17/05/2008 OF THE 3RD RESPONDENT. EXT.P3: COPY OF THE PROCEEDINGS NO.A3/3559/07(3) DTD. 8/07/07 OF 3RD RESPONDENT. EXT.P4: COPY OF THE REPRESENTATION DTD. 10/12/2007 SUBMITTED BEFORE 3RD RESPONDENT. EXT.P5: COPY OF THE PROCEEDINGS NO.A3/3559/07 DTD.12/12/07 OF 3RD RESPONDENT. EXT.P6: COPY OF THE REPRESENTATION DTD. 28/07/2008 SUBMITTED BEFORE 2ND RESPONDENT. EXT.P7: COPY OF THE POSTAL ACKNOWLEDGMENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.29895 of 2008 -------------------------- Dated this the 24th March,2009 J U D G M E N T The petitioner is an applicant for inter-departmental transfer in the post of Peon. Presently she is working as Peon in the Sub Treasury, Kundara. By Exhibit-P1 she sought for a transfer to the Industrial Training Institute. In Exhibit-P2, the petitioner's name figures as first in the list of applicants who sought for interdepartmental transfer. Fifth respondent is a similar applicant and the name of the 5th respondent is placed as Sl. No.35 in Exhibit-P2. When Exhibit-P3 order was passed the petitioner's claim was overlooked and on making enquiries, the petitioner was informed that her application was missing. Thereafter, she filed Exhibit-P4 representation. Petitioner further submits that later an order was passed as per Exhibit-P5 wherein several persons have been absorbed ignoring the claim of the petitioner. In these circumstances, she has filed Exhibit- W.P ( C) No.29895 of 2008 2 P6 representation before the 2nd respondent. 2. The matter has to be considered by the 2nd respondent in the light of the seniority position of the applicants. 3. Accordingly, there will be a direction to the 2nd respondent to consider and pass orders on Exhibit-P6 after hearing the petitioner and the 5th respondent, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.29895 of 2008 3 W.P ( C) No.29895 of 2008 4