FRANCIS JOSEPH MALIYEKKAL Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) THE petitioner, who is working as an Operator in a Pump House, has approached this Court seeking for a direction to be given to the first respondent to re-consider Ext.P2 and to give a placement at Nellikkunnu from where the petitioner was ordered to be shifted as per Ext. P1 or in the alternative, to accommodate the petitioner in the existing vacancy at Puthukkadu.

(2.) THE learned Standing Counsel for the respondent Water Authority submits, referring to the sequence of events, that the petitioner had approached this Court earlier by filing W.P.(C) 18595 of 2012 , which culminated in Ext.P3 judgment, directing the first respondent therein (i.e. Superintending Engineer, Kerala Water Authority, Thrissur) to consider the representation preferred by the petitioner and dispose it of. It was accordingly that the matter was considered and Ext.P4 order dated 10.09.2012 was issued, whereby the difficulty to accommodate the petitioner at the place concerned, was pointed out, however making it clear that the respondents were ready to give a posting to a nearer location at Mulayam Pump House .

(3.) THIS Court finds considerable force in the submissions made from the part of the respondents and it is not open for any employee to claim posting at a particular place of his choice and there is no specific allegation of malafides so as to intercept the transfer.