IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 18263 of 2008(Y) ------- -------------------------- PETITIONER: --------------- MINNY MARY MAMMEN, ASSOCIATE PROFESSOR IN BIOCHEMISTRY (ON PROMOTION TO THE POST OF PROFESSOR) MEDICAL COLLEGE , THIRUVANANTHAPURAM RESIDING AT MULAMOOTTIL HOUSE,TC.29/76, PETTAH, KNRA-45,THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE, THIRUVANANTHAPURAM BY GOVT. PLEADER A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, JUDGE ---------------------------------- W.P.(C) NO. 18263 OF 2008 ------------------------------------------- Dated this the 25th day of June, 2008 J U D G M E N T The petitioner was working as Associate Professor in Bio-chemistry at Medical College, Thiruvananthapuram. By Ext. P1 order dated 23.4.2008, the petitioner was promoted as Professor and was posted as such at Medical College, Kottayam. The petitioner challenges Ext. P1 order to the extent to which she is now posted at Kottayam. 2. The petitioner stated that she is a handicapped person having permanent disability of 50% due to post polio residual paralysis of both lower limbs. The petitioner has produced Ext. P2 Medical certificate to substantiate her contention. It is further stated in the writ petition that the petitioner is a spinster and she is residing with her mother who is now aged 80 years. The petitioner relies on Ext. P3 Circular dated 10.3.83 issued by the Government, relevant portion of which reads as follows: W.P.(C)No. 18263/2008 2 “ Government has since received a number of representations from the physically handicapped persons requesting that they may be given protection from transfer while they are promoted to higher posts. Government have examined the question in detail are pleased in order that as far as possible, physically handicapped employees may be posted conveniently in their respective Districts, at the time of promotion to higher posts also.” 3. Anticipating her promotion, the petitioner had submitted Ext. P4 representation before the 1st respondent requesting that after promotion she may be retained as Professor of Biochemistry at Trivandrum Medical College itself. The petitioner states in the Writ Petition that there are persons in the cadre of Professor who has completed three years at Trivandrum. Ext. P5 representation dated 19.5.2008 was also submitted by the petitioner to the 1st respondent requesting her to be retained at Trivandrum Medical College itself. 4. The petitioner was posted at Kottayam on her promotion W.P.(C)No. 18263/2008 3 as Professor. The government pleader on instructions submits that there is no vacancy available at Medical College, Trivandrum where the petitioner can be accommodated. The contention of the petitioner that there are other persons who have completed three years in the said station and one of them could be shifted from Trivandrum to accommodate her at Trivandrum, according to me, is not sustainable. It is true that in the matter of transfer, a person who has completed three years in a station can be transferred to another station. But that does not mean that a person who is transferred to another station on promotion can as of right pray for shifting another person who has completed three years in a particular station, for the purpose of accommodating the promotee in the same station itself. 5. In the facts and circumstances of the case, nobody can dispute that the petitioner requires some mercy to be shown by the respondents concerned. Her physical condition and the circumstances in which she is now placed, it found to be as stated in the Writ Petition, appropriate orders could be passed to the extent possible to retain the petitioner at Trivandrum itself. The W.P.(C)No. 18263/2008 4 petitioner may make a representation stating that all these facts before the appropriate authority. The petitioner has filed Ext. P4 and P5 representations before the Government. It is just and necessary that the 1st respondent shall consider those representations after affording an opportunity of being heard to the petitioner and shall also consider the request made by the petitioner to retain her at Trivandrum itself. 6. The 1st respondent shall dispose of Ext. P4 and P5 representations after affording an opportunity of being heard to the petitioner, as expeditiously as possible and at any rate within one month from the date of receipt of a copy of the judgment. The petitioner may, if so advised, file an additional representation pointing out all the relevant facts, within a period of two weeks from today. The petitioner shall produce a copy of the judgment and a copy of the Writ Petition before the first respondent. The Writ Petition is disposed of. K.T. SANKARAN, JUDGE vkm