IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 1588 of 2007(L)
1. K.M.YOUSEF, AGED 54 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE CHIEF ENGINEER,
3. THE EXECUTIVE ENGINEER,
For Petitioner :SRI.TPM.IBRAHIM KHAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.K.DENESAN
Dated :16/01/2007
O R D E R
K.K.DENESAN, J
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W.P.(C)NO. 1588 of 2007
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Dated this the 16th day of January, 2007
JUDGMENT
The petitioner feels aggrieved by the order of transfer causing
dislocation to him, when he has only a few months to retire from
service. As on the date of Ext.P1, he was working at Manjeri in the
office of the third respondent. Now he has been transferred to NH Sub
Division, Perinthalmanna for field work. It is stated that he suffers
from serious ailments and having regard to his health condition, the
respondents ought to have retained him in the same station.
Alternatively, it is stated that he could have been accommodated in a
nearby place. The petitioner has placed Ext.P2 application before the
second respondent requesting to post him in the existing open vacancy
under Roads Division, Manjeri. The above application was filed on
20.10.2006. It is seen from Ext.P5 letter written by the Executive
Engineer to the second respondent that on the retirement of
Sri.E.Muhammed Hussain, III Grade Overseer, one vacancy is likely to
arise.
2. Heard the counsel for the petitioner and the Government
pleader for the respondents.
W.P.(C)No.1588/2007 2
3. In the circumstances, there shall be an order directing the
second respondent to consider the request made by the petitioner in
Ext.P2, especially, in the light of the vacancy due to arise as reported
by the Executive Engineer in Ext.P5 letter, and to pass appropriate
orders, as early as possible, at any rate, before the vacancy referred
to in Ext.P5 is filled up. The petitioner shall produce a copy of the
judgment along with a copy of the writ petition before the second
respondent for information and compliance.
The writ petition is disposed of with the above directions.
K.K.DENESAN, JUDGE
css/
W.P.(C)No.1588/2007 3