IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17766 of 2010(U)
1. CHANDRA BABU.C,
... Petitioner
Vs
1. THE CHIEF ENGINEER,
... Respondent
2. THE ASSISTANT EXECUTIVE ENGINEER,
3. GEETHA.P.K,
4. RADHAKRISHNAN NAIR.M,
For Petitioner :SRI.WILSON URMESE
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :09/06/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 17766 OF 2010 (U)
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Dated this the 9th day of June, 2010
J U D G M E N T
Petitioner is a Second Grade Draftsman in the Public Works
Department. By Ext.P1, he has been transferred from
Thodupuzha to Trivandrum. Counsel submits that as can be seen
from Ext.P3 letter of the Assistant Executive Engineer, there is
one vacancy of Second Grade Draftsman in Thodupuzha itself,
against which he ought to have been accommodated. It is also
contended that his wife is sick. Further, counsel for the petitioner
submits that the petitioner has only 17 months service left and
therefore, in terms of the Government Order dated 22/5/1989, he
ought to have been posted in a place of his choice.
2. Admittedly, the petitioner holds a transferable post and
therefore, petitioner is liable to be transferred. The Government
Order relied on by the counsel for the petitioner at best is only a
guideline and when a departure is made on the exigencies of
service, unless malafides are proved, this Court will not be
justified in interfering with the order of transfer. Therefore,
deviation from the Government Order, by itself cannot be a
WPC No. 17766/10
:2 :
ground for interference in this writ petition.
3. Be that as it may, as indicated in Ext.P3 letter of the
Assistant Executive Engineer, there is a vacancy, it is open to the
petitioner to make an appropriate representation to the 1st
respondent, in which event, it is for the 1st respondent to consider
whether the petitioner could be accommodated in that post.
Therefore, I direct that if the petitioner makes an appropriate
representation within 10 days from today, the 1st respondent will
consider the claim of the petitioner to be posted at Thodupuzha in
the vacancy indicated in Ext.P3 and orders thereon will be passed
as expeditiously as possible, at any rate within three weeks
thereafter.
4. Petitioner shall produce a copy of this judgment before
the 1st respondent for compliance.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp