IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16265 of 2009(C)
1. L.R.MURALY
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.K.JAJU BABU
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :18/08/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.16265 OF 2009(C)
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Dated this the 18th day of August, 2010
J U D G M E N T
Petitioner is presently working as Agricultural Officer.
According to him, he is liable to be promoted to the post of
Assistant Director of Agriculture. He submitted Ext.P5
representation requesting that he be posted as Assistant Director in
a Linquesting Minority Area. That representation was rejected by
Ext.P6 order passed by the first respondent stating that there was
no vacancy in Palakkad District. It is challenging Ext.P6 that this writ
petition is filed.
2. It is the specific case of the petitioner that there are 9
vacancies in the notified districts of Thiruvananthapuram, Idukki
and Palakkad districts. It is also his case that juniors to him are
occupying those posts. Counsel relying on the judgment in Baburaj
V. Govt. of Kerala (20005(2)KLT 451) and states that if he is
otherwise eligible, his claim shall not be overlooked.
3. If as stated by the petitioner there are 9 vacancies in the
three notified districts his claim for posting to one of those
WPC.No.16265 /09
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vacancies is liable to be considered, in the light of the judgment
referred to above. Therefore I am satisfied that the claim of the
petitioner needs to be reconsidered in the manner as stated
above.
4. Therefore I quash Ext.P6 and direct the first respondent to
consider Ext.P5 representation filed by the petitioner. Orders shall
be passed as possible and at any rate within 3 months from the
date of production of a copy of the judgment.
Writ Petition is disposed of as above.
(ANTONY DOMINIC)
JUDGE
vi/