IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 22479 of 2009(D) -------------------------- PETITIONER(S): --------------- A.SUBASH BABU, PROJECT DIRECTOR, POVERTY ALLEVIATION UNIT, DISTRICT PANCHAYATH AT KASARGOD. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF LOCAL SELG GOVERNMENT, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE COMMISSIONER FOR RURAL DEVELOPMENT LMS COMPOUND, THIRUVANANTHAPURAM. SENIOR GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. `````````````````````````````````````````````````` W.P.(C) No. 22479 of 2009 D `````````````````````````````````````````````````` Dated this the 6th day of October, 2009 J U D G M E N T Petitioner is the Deputy Development Commissioner in the Local Self Government Department. He is at present working as a Project Director in the Poverty Alleviation Unit, District Panchayat, Kasaragod. While working as the Principal, Extension Training Centre, Taliparamba, wherein the petitioner joined in July 2008, he was transferred to Kasaragod as per Ext.P2 order, which was challenged by him in W.P.(C) No.6631 of 2009. This Court by Ext.P3 judgment, after considering the case of the parties, required the petitioner to file a representation before the first respondent seeking accommodation in an appropriate vacancy. The personal difficulties faced by the third respondent therein was taken into account and he was permitted to join at Taliparamba. The petitioner was to be given a convenient posting. 2. The representation filed by the petitioner was rejected as per Ext.P4 order. This has been challenged in this writ petition. In the meanwhile, the petitioner has filed Ext.P5 representation before the Government. Paragraph 9 of Ext.P5 reads as follows:- WPC.22479/09 : 2 : “ 9. In this circumstance it is prayed that your goodself may be pleased to pass a favourable orders transferring the petitioner to any of the following stations as and when vacancies arise in the said stations. i. Principal, ETC, Kottarakkara. ii. Commissionerate, Thiruvananthapuram (as Deputy Development Commissioner - Administration).” 3. This Court passed a detailed interim order on 07-08- 2009 when the writ petition came up for admission. It reads as follows:- “ The learned Government Pleader to ascertain and submit whether Sri.M.Santhosh who is presently working as Principal, Extension Training Centre, Kottarakkara is due for promotion as Joint Development Commissioner and is liable to be transferred out from Extension Training Centre, Kottarakkara in the near future. The learned Government Pleader also to ascertain whether Sri.G.Chandrasekharan Nair, Deputy Commissioner(Administration) in the office of the Commissioner of Rural Development, Thiruvananthapuram is due for promotion as Joint Development Commissioner. The learned WPC.22479/09 : 3 : Government Pleader to ascertain whether the petitioner can be accommodated against the vacancies thus likely to arise as claimed in Ext.P5.” 4. Pursuant thereto, the Commissioner for Rural Development has apparently intimated that the petitioner will be accommodated in Kollam or Thiruvananthapuram districts as and when a vacancy of Deputy Development Commissioner arises due to promotion or retirement. 5. Mr.P.Nandakumar, learned senior Government Pleader, affirms this position. The submission is recorded. In the result, the writ petition is disposed of directing the first respondent to see that the petitioner is accommodated in an appropriate vacancy in the post of Deputy Development Commissioner as and when the next vacancy arises either in Kollam or Thiruvananthapuram District, either by way of promotion or retirement. (V.GIRI, JUDGE) aks