IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 WP(C).No. 27887 of 2009(E) -------------------------- PETITIONER(S): --------------- P.V.RAMACHANDRAN UNNI, RATIONING INSPECTOR, TIRURANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): --------------- 1. THE DISTRICT SUPPLY OFFICER, MALAPPURAM. 2. SRI.T.P.ALAVIKUTTY, RATIONING INSPECTOR, TIRURANGADI, MALAPPURAM DISTRICT. BY GOVT.PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the proceedings NO.C.SI/266/2009/ DATED 25.6.2009 Ext.P2. True copy of the proceedings No.E/13/05-06 DATED 13.8.2009 Ext.P3. True copy of the request dated 15.8.09 and medical certificate. Ext.P4. True copy of the proceedings No.CSI/266/2009 dated 17.8.2009. Ext.P5. True copy of the proceedings No.C.SI/266/2009 dated 30.9.2009 // TRUE COPY // P.A to Judge. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.27887 OF 2009 (E) -------------------------------------------------- Dated this the 23rd day of October, 2009 J U D G M E N T Petitioner is working is a Rationing Inspector. Petitioner was working at Tirurangadi. While so by Ext.P1 order dated 25.6.2009 he was transferred to Vengara. Ext.P1 order was implemented by Ext.P2 dated 13.8.2009. Pointing out his ill health particularly renal failure that he suffered, petitioner submitted Ext.P3 application to the first respondent enclosing medical certificate. It is stated in Ext.P3 that in view of his ill health he is not in a position to undertake journey and on that basis, he sought cancellation of Exts.P1 and P2. Considering his ill heath as pointed out in Ext.P3, by Ext.P4 issued by the first respondent on 17.8.2009, canceling the petitioner's transfer was cancelled and he was retained in Tirurangadi. It was also ordered that the 2nd respondent shall be posted at Vengara. Accordingly, the petitioner was posted back to Tirurangadi and the 2nd respondent assumed charge at Vengara. 2. While so, Ext.P5 order was issued. From Ext.P5 it would appear that due to certain allegations, 2nd respondent was placed under suspension and consequently the petitioner was directed to WPC .NO.27887/09 :2 : assume charge at Vengara. Still later, the suspension of the 2nd respondent was also recalled. But however, he was posted at Tirurangadi. As a result of which the petitioner, whose transfer to Vengara was cancelled is posted at Vengara and the 2nd respondent who was posted to Vengara is now posted at Tirurangadi. It is with this grievance particularly because of the petitioner's ill health that writ petition is filed. 3. Learned Government Pleader also confirmed that the suspension of the 2nd respondent has been revoked. If that be so, particularly having regard to the facts which are brought out before the first respondent as per Ext.P3 which were appreciated as is seen from Ext.P4, there is no reason why the first respondent shall not take an appropriate decision in the matter, reconsidering Ext.P5. Therefore the writ petition is disposed of directing that on the production of a copy of the judgment, the first respondent shall reconsider the request of the petitioner for posting back at Tirurangadi. Appropriate orders in this regard shall be passed without any delay. (ANTONY DOMINIC) JUDGE vi/ WPC .NO.27887/09 :3 :