IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35146 of 2008(H)
1. S.PRAMEELA KUMARI
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE SECRETARY
... Respondent
2. DIRECTOR OF URBAN AFFAIRS
For Petitioner :SRI.M.SREEKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :28/11/2008
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No.35146 of 2008
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Dated this the 28th November, 2008.
J U D G M E N T
The petitioner is presently working as Health
Inspector Grade-I in the Manjeri Municipality. While she was
working as Health Inspector Grade II, she was promoted as
Health Inspector Grade I and transferred to and posted in the
Thiruvalla Municipality in February, 2008. Later, at the time of
general transfer, by Ext.P1 order dated 9.5.2008, she was
transferred to and posted as Health Inspector Grade I in the
Manjeri Municipality. The petitioner submits that retirement
vacancies of Health Inspector Grade I will arise shortly in Kollam
Corporation and Attingal Municipality and that in Kollam
Corporation, yet another vacancy will arise on the promotion of
Sri.Sukumaran Pillai as Food Inspector. The petitioner submits
that seeking transfer and posting to any one of the said
vacancies, she has submitted Ext.P4 representation to the
Director of Urban Affairs, the second respondent herein. In this
W.P.(C) No.35146 of 2008
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writ petition, the petitioner prays for a direction to the Director of
Urban Affairs to consider the request made by her in Ext.P4
representation and pass orders thereon, within a time limit to be
fixed by this Court.
2. The pleadings disclose that in a span of about
three months, the petitioner was transferred twice. The
petitioner belongs to Thiruvananthapuram District. She has in
Ext.P4 representation requested the second respondent to
transfer and post her in the retirement vacancies that will arise
in Kollam/Attingal, or in the vacancy that will arise in the Kollam
Corporation due to the promotion of Sri.Sukumaran Nair.
Whether the vacancies as claimed by the petitioner will arise or
have arisen, and whether the petitioner can be accommodated
against any one of the said vacancies is primarily a matter for
the second respondent to decide, at least in the first instance.
However, as the petitioner has already moved the second
respondent in that regard, I feel that the request made by the
petitioner should be considered by the second respondent.
W.P.(C) No.35146 of 2008
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In these circumstances, I dispose of the Writ
Petition with a direction to the second respondent to consider the
request made by the petitioner in Ext.P4 representation before
the retirement vacancies/promotion vacancies, if any, arising in
Kollam Corporation/Attingal Municipality are filled up. Needless
to say, the claims of others who are eligible shall also be
considered.
P.N.RAVINDRAN,
JUDGE
nj.