(1.) THE challenge is against Exhibit P3 order whereby the 3rd respondent is transferred and posted as Assistant Drugs Controller in Ernakulam in an existing vacancy.
(2.) THE petitioner has been included in the select list published as per Exhibit P1 for promotion to the post of Assistant Drugs Controller. Exhibit P1 is dated 31.3.2009. One Shri M.D. Gopalan, Assistant Drugs Controller, Ernakulam, retired from service on 31.3.2009 and a consequent vacancy arose at Ernakulam. It is the case of the petitioner that on coming to know of the vacancy, he filed a representation as per Exhibit P2. But, ignoring the petitioner's claim, the 3rd respondent has been transferred to fill up the vacancy at Ernakulam.
(3.) HEARD the learned Senior Counsel Shri N. Nandakumara Menon, appearing for the petitioner, the learned Senior Counsel Shri O.V. Radhakrishnan appearing for the 3rd respondent and the learned Government Pleader.