Thomas P.L. vs State of Kerala, Civil Supplies Commissioner and J. Muralikrishna

S. Siri Jagan, J.—The Petitioner is now working as a Taluk Supply Officer. He was originally posted in Udumbanchola Taluk. But, by Ext.P4 order dated 2.3.2009, the 3rd Respondent, who was working as Assistant Taluk Supply Officer was promoted as Taluk Supply Officer and posted at Udumbanchola on the ground that there are no persons who are having the Minority Language (Tamil) qualification as prescribed by the Government. Consequently the Petitioner was transferred to the Consumer Disputes Redressal Forum, Kottayam. The said transfers were made relying on Rule 9(d) of Part II of KS and SSR. The Petitioner now submits that the Petitioner has now passed the test conducted by the PSC for acquiring qualification in the minority language in July 2009, as evidenced by Ext.P5 certificate. According to the Petitioner, in the above circumstances, the Petitioner is eligible to be considered for re-transfer to Udumbanchola Taluk. The Petitioner has, therefore, filed Ext.P7 representation before the 2nd Respondent. The Petitioner seeks a direction to the 2nd Respondent to consider and pass orders on Ext.P7 expeditiously.

I have heard the learned Government Pleader also.

Having heard both sides, I dispose of this writ petition with a direction to the 2nd Respondent to consider and pass orders on Ext.P7, as expeditiously as possible, at any rate, within 3 months from the date of receipt of a certified copy of this judgment, after affording an opportunity of being heard to the Petitioner as well as the 3rd Respondent. But I hasten to add that I have not considered the merits of the claim of the Petitioner and it is entirely for the 2nd Respondent to consider the same in accordance with the norms applicable.