IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 12310 of 2010(K) -------------------------- PETITIONER(S): --------------- DILEEP KUMAR.K, UPPER DIVISION CLERK, REGIONAL TRANSPORT OFFICE, KOLLAM. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SRI.C.R.RAMESH RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETRIAT,THIRUVANANTHAPURAM-695 001. 2. TRANSPORT COMMISSIONER, HEAD OFFICE, MOTOR VEHICLES DEPARTMENT,TRANS TOWERS, VAZHUTHACADU,THIRUVANANTHAPURAM-695 014. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, PATTOM,THIRUVANANTHAPURAM-695 004. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R3 GOVT. PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.12310 OF 2010 (K) -------------------------------------------------- Dated this the 28th day of May, 2010 J U D G M E N T Petitioner is an upper Division Clerk in the Motor VehicleS Department. He submits that, under the special rules he is eligible to be appointed in the post of Assistant Motor Vehicle Inspector in the by transfer category. By Ext.P2 he applied for such appointment. However, in the meanwhile disciplinary proceedings were initiated and for that reason his claim was overlooked. Subsequently by Ext.P3 order of the Transport Commissioner dated 27.5.2009, the disciplinary action was closed. Petitioner submits that since his claim for appointment in the by transfer category as Assistant Motor Vehicle Inspector was declined only for the reason that disciplinary action was pending, as is now he has been exonerated of the charges by Ext.P3, his claim is to be reconsidered. He also asserts for the reason that even as of now vacancies in the by transfer category is still available. Having regard to the facts as stated above, it is only appropriate that the 2nd respondent shall consider Ext.P2 application made by the petitioner in the light of Ext.P3. This the 2nd respondent shall do as expeditiously as possible and at any WPC.No.12310 /2010 :2 : rate within 4 weeks from the date of production of a copy of the judgment along with a copy of this writ petition. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/