IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 WP(C).No. 49 of 2008(E) ----------------------- PETITIONER: ------------ FRANCIS M.A., S/O.ANTONY MOLTHAN, AGED 41 YEARS, ATTENDER, GOVERNMENT OLD AGE HOME, THEVARA ERNAKULAM, (UNDER ORDERS OF TRANSFER TO GOVERNMENT OLD AGE HOME, KANNUR), RESIDING PERMANENTLY AT MOLTHAN HOUSE, KUTHUKUZHI P.O. VALIYAPARA, KOTHAMANGALAM, EKM DIST, PIN - 686 691 BY ADV. SRI.M.R.HARIRAJ SRI.SURAJ.S SRI.P.A.KUMARAN RESPONDENTS: -------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF SOCIAL WELFARE, SECRETARIAT, TRIVANDRUM. 2. DIRECTOR, SOCIAL WELFARE DEPARTMENT, TRIVANDRUM. 3. DISTRICT SOCIAL WELFARE OFFICER, ERNAKULAM. 4. SUPERINTENDENT, GOVERNMENT OLD AGE HOME, THEVARA, ERNAKULAM. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 49 of 2008 -------------------------- Dated this the 2nd January, 2008 J U D G M E N T The petitioner is an Attender in the Government Old Age Home . According to him, he is physically disabled. He contends that on allegations which may not be well-conceived, he has been subjected to an order of transfer from Ernakulam to Kannur, as evidenced by Exhibit P1. Learned counsel for the petitioner submits that there was no enquiry prior to the tentative finding entered into by the 2nd respondent in Exhibit P1 as regards the conduct of the petitioner. The petitioner is therefore aggrieved by the said aspect contained in Exhibit P1. Petitioner has filed a detailed representation Exhibit P2 before the Director of Social Welfare seeking a variation of the same. In my view, at this stage, the only direction that could be issued is to consider Exhibit P2 after hearing the petitioner and take a decision thereon taking note of the physical disability of the petitioner, as early as possible. The petitioner's request for a posting nearer to Ernakulam District may also be considered. W.P ( C) No. 49 of 2008 2 After having heard the learned Government Pleader also, this writ petition is disposed of directing the 2nd respondent to look into Exhibit P2 and after hearing the petitioner, take a decision thereon, within six weeks from the date of receipt of a copy of this judgment. (V.GIRI, JUDGE) ma W.P ( C) No. 49 of 2008 3 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007