IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 17503 of 2009(G) ----------------------------------------- PETITIONER(S): ------------------------- MOHAN SINGH V., ASST.EXECUTIVE ENGINEER, MINOR IRIGATION SUB DIVISION, ADOOR. BY ADV. MR.T.G.RAJENDRAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (ADMINISTRATION) WATER RESOURCES DEPARTMENT THIRUVANANTHAPURAM. 3. THE ADMINISTRATOR, COMMAND AREA DEVELOPMENT AUTHORITY, TRICHUR. 4. A.SANTHI, ASSISTANT EXECUTIVE ENGINEER, MINOR IRRIGATION SUB DIVISION, THRIUVALLA. SR. GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.17503 of 2009-G ------------------------------ Dated this the 24th day of June, 2009. J U D G M E N T Heard Sri.T.G.Rajendran, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for respondents 1 and 2. In the nature of the order that I propose to pass I do not deem it necessary to issue notice to or hear respondents 3 and 4. 2. The petitioner is presently working as Assistant Executive Engineer in the Minor Irrigation Sub Division at Adoor. He is due to retire from service on 31.3.2010. In this writ petition he challenges Ext.P1 order dated 19.6.2009 passed by the Government, transferring and posting him as Assistant Executive Engineer in Command Area Development Authority Sub Division, Adoor. The fourth respondent is the substitute appointed in the petitioner's place in the Minor Irrigation Sub Division at Adoor. 3. By Ext.P1 order the petitioner is retained in Adoor itself. Therefore he cannot have any grievance regarding the station in which he was posted. The petitioner's grievance is that Command Area Development Authority Sub Division is not a part of the Water Resources Department and if he is posted in the Command Area Development W.P(C) No.17503 of 2009-G 2 Authority Sub Division on the eve of his retirement, it will cause serious prejudice to him. The pleadings disclose that aggrieved by his posting in the Command Area Development Authority Sub Division, the petitioner has submitted Ext.P2 representation dated 23.6.2009 before the first respondent. In my opinion since the petitioner is not transferred to another station and is retained in Adoor itself he should pursue the representation filed before the Government instead of seeking the intervention of this Court. I accordingly dispose of this writ petition with a direction to the Principal Secretary to Government, Water Resources Department to consider the request made by the petitioner in Ext.P2 representation and take a decision thereon within one month from the date on which the petitioner produces a certified copy of this judgment. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab