IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 WP(C).No. 27532 of 2008(C) -------------------------- PETITIONER: ------------ P.S.NARAYANAN EXTENSION OFFICER (HOUSING) GRADE II BLOCK DEVELOPMENT OFFICE,TANUR, MALAPPURAM DISTRICT. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENTS: ------------- 1. SECRETARY TO GOVERNEMTN LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695001 2. COMMISSIONER FOR RURAL DEVELOPMENT COMMISSIONERATE OF RURAL DEVELOPMENT, L.M.S. COMPOUND,THIRUVANANTHAPURAM, PIN 695033. 3. SENIOR ADMINISTRATIVE OFFICER COMMISSIONERATE OF RURAL DEVELOPMENT, L.M.S. COMPOUND,THIRUVANANTHAPURAM, PIN 695033. BY GOVT.PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No.27532/2008 ====================================== Dated this the 16th day of September 2008 JUDGMENT The petitioner, who is a General Extension Officer in the Rural Development Department, is presently working as Extension Officer (Housing) Grade II, in Block Development Office, Thanur. He was posted in the Block Development Office at Thanur by order dated 7.6.2007. His wife is employed as a Village Extension Officer in Block Development Office, Vadavucode in Ernakulam District. The petitioner claims that he is entitled to the benefit of Ext.P2 government order as he has married a woman belonging to another community. The petitioner contends that even at the time of his posting at Thanur, he had sought for a posting in Ernakulam District. The petitioner further submits that a vacancy of General Extension Officer will arise at Vazhakkulam on 30.9.2008 on the retirement of Sri.P.M.Abdul Khader and that he has in Ext.P3 representation requested the Principal Secretary to Government, Local Self Government Department to give him a posting in the said vacancy. 2. I have heard Sri.S.P.Aravindakshan Pillay, the learned counsel appearing for the petitioner and Sri.P.Nandakumar, the learned Government Pleader appearing for the official respondents. The question whether the petitioner is entitled to W.P.(C)27532/2008 2 the benefit of Ext.P2 government order by reason of his marriage to a woman belonging to another community and is entitled to be posted in Ernakulam District, is essentially a matter for the first respondent to decide. As the petitioner has pointed out in Ext.P3 that a vacancy of General Extension Officer will arise at Vazhakulam on 30.9.2008, when the incumbent Sri.P.M.Abdul Khader retires from service and Ext.P3 is pending before the first respondent, it is for that authority to consider the request made by the petitioner in Ext.P3 and take a decision thereon having regard to the claims made by other eligible persons as well. In the result, I dispose of this writ petition with a direction to the first respondent to consider the request made by the petitioner in Ext.P3 in the light of the guidelines governing transfer and taking note of the claims, if any, made by others for a posting on that vacancy. Orders on Ext.P3 shall be passed before the vacancy which arises on 30.9.2008 at Vazhakulam is filled up. P.N.RAVINDRAN, JUDGE css/