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