IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WP(C).No. 31147 of 2011(P) -------------------------------------- PETITIONER(S): ---------------------- LALIKUTTY.C, PEON, COMMUNITY HEALTH CENTRE, THUMPAMON, PATHANAMTHITTA, RESIDING AT KRISHNA SREE, THONALLOOR.P.O, PANDALAM, ADOOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH SERVICE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. DIRECTOR OF HEALTH SERVICES, HEALTH SERVICE DIRECTORATE, THIRUVANANTHAPURAM - 695 001. 3. DISTRICT MEDICAL OFFICER, C/O DISTRICT MEDICAL OFFICER'S OFFICE, CIVIL STATION, PATHANAMTHITTA - 689 645. 4. DR. SHAMMI RAJAN, MEDICAL OFFICER IN CHARGE, COMMUNITY HEALTH CENTRE, THUMPAMON, ADOOR, PATHANAMTHITTA - 691525 R1 TO R3 BY GOVT. PLEADER LIJU STEPHEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JM WPC NO. 31147 OF 2011 APPENDIX PETITIONER(S) EXHIBITS: EXHIBIT-P1-TRUE COPY OF THE COMPLAINT PREFERRED TO THE 2ND RESPONDENT DATED 04/11/2011 EXHIBIT-P2-TRUE COPY OF THE COMPLAINT PREFERRED TO THE 3RD RESPONDENT DATED 04/11/2011 RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE JM K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c) No.31147 of 2011 --------------------------------------------- Dated this the 23rd day of November 2011 JUDGMENT The petitioner has been working as a Peon under the fourth respondent for the past two years. The petitioner complains of harassment at her work place by the fourth respondent. The allegations of the petitioner have been submitted in the form of complaints to both respondents 2 and 3. Ext.P2 is the petitioner's complaint to the third respondent. The petitioner complains that no orders have been passed on Ext.P2 or Ext.P3 till date. According to the petitioner, the fourth respondent has prevailed upon the third respondent and persuaded the said authority to transfer the petitioner to a distant place. Therefore, the petitioner seeks the issue of appropriate directions against her transfer. 2. I have heard the learned Government Pleader WPC No.31147 of 2011 2 also. Though it is contended that the fourth respondent has influenced the third respondent to transfer the petitioner, no evidence or material has been placed before me to support the said contention. Admittedly, no orders of transfer has been passed by the third respondent against the petitioner. Therefore, I am not inclined to issue any orders acting on the apprehensions of the petitioner. The complaints of the petitioner to the second and third respondents have not evoked any response, it is contended. Since Ext.P2 is pending before the third respondent, it is only appropriate that the said authority considers the complaint and passes appropriate orders thereon, without delay. 3. This writ petition is accordingly disposed of directing the third respondent to consider the complaints of the petitioner set out in Ext.P2 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of four weeks from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment before WPC No.31147 of 2011 3 the third respondent for compliance. The petitioner shall also be afforded an opportunity of being heard, before any orders are passed, as directed above. SD/- K.SURENDRA MOHAN, JUDGE TRUE COPY p.s.to judge css/