ALOSIOUS Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner who is presently working as Health Supervisor in North Paravur Municipality has filed this writ petition challenging Ext.P8 order dated 18.12.2012 passed by the State Government, rejecting his request for an immediate transfer to Cochin Corporation but with the observation that in the vacancy which will arise on 30.11.2013 in Cochin Corporation his request for transfer should be considered.

(2.) THE petitioner belongs to Mattancherry. He was promoted as Health Inspector Grade-I in April 2010 while he was working in Cochin Corporation and was transferred and posted in Manjeri Municipality in Malappuram District. He was thereafter transferred and posted as Health Inspector Grade-I in Vatakara Municipality and later as Health Inspector Grade-I in North Paravur Municipality in May, 2011. Long after joining duty in North Paravur Municipality (the distance from Mattancherry to North Paravur-via-Vypin is 35-38 Kms) he submitted Ext.P1 representation dated 3.7.2012 to the Director of Urban Affairs, Thiruvananthapuram, requesting for a transfer to Cochin Corporation or Tripunithura Municipality. In that representation he stated that on the retirement of Sri.James P. Thomas on 31.05.2012 a vacancy has arisen in Cochin Corporation and on the retirement of Sri.P.S.Sundar Raj on 3.6.2012, a vacancy has arisen in Tripunithura Municipality. He also brought to the notice of the Director of Urban Affairs the fact that he will be retiring from service on 31.5.2014. The said representation was forwarded by the Secretary, North Paravur Municipality to the Director of Urban Affairs along with Ext.P2 letter dated 4.07.2012.

(3.) W .P.(C) No.19783 of 2012 came up for hearing before a learned single Judge of this Court on 21.8.2012. After hearing the learned Government Pleader appearing for the official respondents, this Court disposed of the said writ petition with a direction to the State of Kerala to consider Ext.P5 representation and pass orders thereon after affording the petitioner and respondents 3 and 4 an opportunity of being heard. The Government accordingly heard the petitioner and respondents 3 and 4 on 7.6.2012. At the time of hearing, the petitioner submitted Ext.P7 statement dated 7.12.2012. He contended that it was without considering his request for transfer in Ext.P1 representation that respondents 3 and 4 were transferred and posted in Cochin Corporation and Tripunithura Municipality respectively He also pointed out that Sri.P.K. Thampi, who is presently working as Health Supervisor in Cochin Corporation will retire from service on 30.11.2013, that he is a native of Perumbavoor that a vacancy of Health Supervisor exists in Perumbavoor Municipality and that he can be accommodated in Cochin Corporation by transferring Sri.P.K.Thampi to Perumbavoor, his home town. The Government after considering the rival contentions issued Ext.P8 order dated 18.12.2012 whereby the Government directed the Director of Urban Affairs to consider the petitioner's claim for transfer to Cochin Corporation in the vacancy which will arise in Cochin Corporation on 30.11.2013. Ext.P8 is under challenge in this writ petition.