IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 20965 of 2009(M) --------------------------------------- PETITIONER(S): --------------------- P. SUBHASH, U.D.CLERK,VADAKARA MUNICIPALITY RESIDING AT "NELLIKUNNIL VEEDU",ALAMCODE, NEAR ATTINGAL,THIRUVANANTHAPURAM DISTRICT. BY ADV. MR.M.SREEKUMAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY,LOCAL SELF GOVERNMENT DEPARTMENT, SECRTARIAT,THIRUVANANTHAPURAM. 2. DIRECTOR OF URBAN AFFAIRS,PUBLIC OFFICE, THIRUVANANTHAPURAM. R1 & R2 BY SR.GOVERNMENT PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.20965 of 2009-M ------------------------------ Dated this the 27th day of July, 2009. J U D G M E N T Heard Sri.M.Sreekumar, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for respondents. 2. The petitioner, who is presently working as Upper Division Clerk in Vadakara Municipality has filed this writ petition seeking a writ in the nature of mandamus commanding the Director of Urban Affairs to consider the request made by him in Ext.P8 representation and to take a decision thereon within a time limit to be fixed by this Court. 3. The petitioner entered service as Lower Division Clerk in the Varkala Municipality. By Ext.P1 order dated 20.5.2008, he was promoted to the category of Upper Division Clerk and posted in Vadakara Municipality. The petitioner joined duty at Vadakara as directed in Ext.P1. Thereafter, during the general transfer for the year 2009 he applied for transfer to Thiruvananthapuram District or to the neighbouring Kollam District. That request was not considered. Aggrieved thereby the petitioner has moved the W.P(C) No.20965 of 2009-M 2 Director of Urban Affairs by filing Ext.P8 representation dated 12.6.2009 wherein he has pointed out that two vacancies of Upper Division Clerk exist in Kollam Corporation and requested that taking note of the facts set out therein, he may be transferred and posted in one of the said vacancies. 4. The question whether vacancies exist in Kollam Corporation as claimed by the petitioner in Ext.P8 representation and whether he can be accommodated in one of the said vacancies is primarily a matter for the Director of Urban Affairs to decide. The Director of Urban Affairs is yet to take a decision in the matter. If vacancies exist as claimed by the petitioner in Ext.P8, the vacancies will have to be necessarily filled up. While filling up the said vacancies, in view of the facts set out in Ext.P8, it is only desirable that the request made by the petitioner is also considered . I accordingly dispose of this writ petition with a direction to the Director of Urban Affairs to consider the request made by the petitioner in Ext.P8 representation expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment before him. In any case orders on Ext.P8 shall be passed before the vacancies of Upper Division Clerk W.P(C) No.20965 of 2009-M 3 existing in Kollam District are filled up, if as on today, the said vacancies have not been filled up. While passing orders as directed above, the Director of Urban Affairs shall have due regard to Ext.P7 letter sent to him by the Kollam Corporation. To enable the Director of Urban Affairs to act as directed above, the petitioner shall produce before him a copy of this writ petition along with a certified copy of this judgment. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab W.P(C) No.20965 of 2009-M 4