IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16290 of 2009(E)
1. LOVELY BHASKER, HEALTH INSPECTOR
... Petitioner
2. TRIPUNITHURA MUNICIPLITY,
3. SRI. M.D.PRAKASAN, HEALTH INSPECTOR
Vs
1. THE DIRECTOR OF URBAN AFFAIRS AND OTHERS
... Respondent
For Petitioner :SRI.K.JAJU BABU
For Respondent :SRI.V.M.KURIAN
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :06/08/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P(C) Nos.16290/2009-E & 20291 of 2009-F
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Dated this the 6th day of August, 2009.
J U D G M E N T
Heard Sri.K.Jaju Babu, the learned counsel appearing for the
petitioner in W.P(C) No.16290 of 2009, Sri.Julian Xavier, the learned
counsel appearing for the petitioner in W.P(C) No.20291 of 2009 and
Smt.Anu Sivaraman, the learned Government Pleader appearing for the
official respondents in the writ petitions.
2. The petitioner in W.P(C) No.16290 of 2009 is the second
respondent in W.P(C) No.20291 of 2009 and the third respondent in W.P
(C) No.16290 of 2009 is the petitioner in W.P(C) No.20291 of 2009. The
petitioner in W.P (C) No.16290 of 2009 who is working as Health
Inspector Gr.I, in Tripunithura Municipality was transferred by Ext.P1
order dated 31.7.2008 issued by the Director of Urban Affairs from
Tripunithura to Aluva. She challenged the order transferring her from
Tripunithura to Aluva by filing W.P(C) No.24045 of 2008 in this Court. By
Ext.P2 judgment delivered on 30.9.2008 the said writ petition was
dismissed holding that there is no merit in the writ petition. This Court
however reserved liberty with the petitioner to prosecute the
representation filed by her before the Director of Urban Affairs seeking
cancellation of Ext.P1 order of transfer.
3. It appears that the Director of Urban Affairs informed the
W.P(C) No.16290/2009-E & 20291 of 2009-F 2
petitioner in W.P.(C) No.16290 of 2009 by Ext.P3 letter dated 20.2.2009
that her representation will be considered when general transfers are
effected for the year 2009 and that till then the existing state of affairs
will continue. The petitioner accordingly continued in Tripunithura
Municipality. Thereafter, Ext.P4 draft transfer order for the year 2009
was issued by the Director of Urban Affairs on 4.5.2009. By Ext.P4, the
Director of Urban Affairs proposed to transfer the petitioner to Trissur
and the third respondent based on his request to Tripunithura.
Aggrieved by the proposal to transfer her to Trissur, the petitioner in W.P
(C) No.16290 of 2009 has filed Ext.P6 representation requesting that she
may be transferred and posted either in Perumbavoor, Aluva,
Muvattupuzha, Thodupuzha or Cherthala Municipalities. W.P.(C)
No.16290 of 2009 was thereafter filed contending interalia that in the
light of Ext.P2 judgment by which this Court upheld Ext.P1, the petitioner
is willing to serve at Aluva. She also contends that in any case, before
finalising Ext.P4, the request made by her in Ext.P6 should be considered
having regard to the fact that she will retire from service within the next
two years. The third respondent in W.P(C) No.16290 of 2009 has filed
W.P(C) No.20291 of 2009 seeking implementation of Ext.P4 draft transfer
order and to direct the official respondents to transfer and post him as
Health Inspector Gr.I in Tripunithura Municipality.
4. The learned Government Pleader appearing for the official
respondents submits on instructions that Ext.P4 draft transfer order has
W.P(C) No.16290/2009-E & 20291 of 2009-F 3
not been finalised in so far it relates to Health Inspectors Gr.I and that
under the guidelines governing transfer and posting of Government
employees and in terms of Ext.P4 order itself, the petitioners in these writ
petitions are entitled to put forward their objections against Ext.P4 order.
I am therefore of the opinion that both these writ petitions are
premature.
I accordingly dispose of these writ petitions with a direction to the
Director of Urban Affairs to consider the request made by the petitioners
in these writ petitions and to finalise Ext.P4 draft transfer order
expeditiously and in any event within six weeks from the date on which
either of the petitioners produces a certified copy of this judgment before
him. While considering the rival contentions, the Director of Urban
Affairs shall have due regard to the fact that in paragraph 3 of the writ
petition the petitioner in W.P(C) No.16290 of 2009 has expressed
willingness to serve at Aluva, the station to which she was transferred
during the previous year by Ext.P1 order passed by the Director of Urban
Affairs himself and also having regard to the fact that it was the Director
of Urban Affairs who kept Ext.P1 order of transfer in abeyance, though
this Court had upheld the same. It will open to the petitioners in these
writ petitions to file detailed representations setting out their grievances,
claims and contentions before the Director of Urban Affairs.
The writ petitions are disposed of as above. No costs.
Sd/-
ab P.N.RAVINDRAN, JUDGE