High Court Kerala High Court

Shiju.V vs The Director on 22 May, 2009

Kerala High Court
Shiju.V vs The Director on 22 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2018 of 2009(M)


1. SHIJU.V, LIVESTOCK INSPECTOR,
                      ...  Petitioner

                        Vs



1. THE DIRECTOR,
                       ...       Respondent

2. THE DISTRICT ANIMAL HUSBANDRY OFFICER,

                For Petitioner  :SRI.KKM.SHERIF

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :22/05/2009

 O R D E R
                           P.N.RAVINDRAN, J.
                   -----------------------------
                      W.P(C) No. 2018 of 2009-M
                  ------------------------------
                Dated this the 22nd day of May, 2009.

                             J U D G M E N T

Heard Smt.Sheena Samuel, the learned counsel appearing for the

petitioner and Sri.Antony Mukkath, the learned Government Pleader

appearing for the respondent.

2. The petitioner who is presently working as Livestock Inspector

Gr.II in Veterinary Hospital, Chalakkudy, Thrissur district, has filed this

writ petition seeking implementation of Ext.P1 order dated 15.3.2007

passed by the Director of Animal Husbandry, transferring him to

Alappuzha District. The petitioner submits that Smt.R.Thulasi, who was

working as Livestock Inspector in Sulthanbathery was posted to

Alappuzha District pursuant to a similar order issued by the Director,

Animal Husbandry, as directed by this Court in Ext.P6 judgment.

3. The respondents have filed a counter affidavit pointing out

that Smt.R.Thulasi was posted at Mavelikkara pursuant to the directions

issued by this Court in Ext.P6 judgment and that all available vacancies of

Livestock Inspector Gr.II in Alappuzha District have been reported to the

Kerala Public Service Commission. The respondents contend that the

petitioner cannot therefore be accommodated in Alappuzha District.

4. The respondents do not dispute the fact that the Director of

Animal Husbandry has permitted the petitioner’s transfer from Thrissur

District to Alappuzha District. Ext.P1 order issued by the Director has not

W.P(C) No. 2018 of 2009-M 2

so far been varied or set aside. Further the pleadings disclose that

Smt.R.Thulasi who was transferred to Alappuzha District from Wynad

District was Sl.No.6 in the list of persons who had applied for and was

granted inter district transfer to Alappuzha District. The petitioner is

Sl.No.3 therein. Therefore, I find no justification in the stand taken by

the respondents that the petitioner is not entitled to be posted in

Alappuzha District. The mere fact that the vacancies in Alappuzha

district have been reported to the Commission is not a reason to deny the

petitioner the benefit of Ext.P1. The vacancies were admittedly reported

after Ext.P1 order was issued.

I accordingly dispose of this writ petition with a direction to the

first respondent to issue orders giving the petitioner a posting in

Alappuzha District in implementation of Ext.P1order issued by him.

Orders in that regard shall be passed within one month from the date on

which the petitioner produces a certified copy of this judgment before the

first respondent. If the posting order has to be issued by any other

officer, the Director of Animal Husbandry shall issue necessary

instructions in that regard and the said officer shall comply with the

directions issued herein, within the time limit stipulated above. The writ

petition is allowed as above.

Sd/-

                                     P.N.RAVINDRAN
ab                                         JUDGE
                         //True Copy//