IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25555 of 2008(P)
1. V.K. MOHANDAS, TOWN PLANNER,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SMT.S.KARTHIKA
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :06/03/2009
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C). No.25555/2008-P
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Dated this the 6th day of March, 2009
J U D G M E N T
The petitioner is working as Town Planner since June 2003
after successive promotions from the post of Assistant Town Planner. He is
a native of Thrissur District. He had been working in other districts. Later
he was transferred to Kasaragod District in March 2007. The petitioner had
been seeking for transfer to a nearby station and on coming to know that
there is a vacancy in Kozhikode District, he filed Ext.P4 representation
before the respondent. Ext.P3 shows that there was an open vacancy in
Kozhikode District. Since no action was taken, this writ petition was filed.
2. This Court had passed an interim order on 24/09/2006,
directing the Secretary to Government, Local Self Government Department
to file an affidavit within two weeks stating whether the vacancy of Town
Planner, Kozhikode has been filled up. It was also directed to state whether
any one among the town planners in the service in State of Kerala has got a
better and superior claim than the petitioner for a posting at Kozhikode.
But the learned counsel for the petitioner submitted that the vacancy at
Kozhikode had been filled up by transferring another person from
Alappuzha District.
W.P.(C) No.25555/2008
-:2:-
3. The petitioner is now working at Kannur. The choice district is
Thrissur. The petitioner is seeking for a transfer either to Thrissur or to
Kozhikode. Already the petitioner has filed Ext.P5 representation before
the Government. Therefore, the claim of the petitioner for a choice station
will be considered along with the claims of others if any and appropriate
orders will be passed within a period of six weeks from the date of receipt
of the copy of this judgment. Petitioner will file a fresh representation
within a period of two weeks from today. The claim of the petitioner will
be considered in the next arising vacancy in Kozhikode or Thrissur
Districts.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
ms