IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 WP(C).No. 29576 of 2009(N) -------------------------------------- PETITIONER: ------------------- V.K.JAYACHANDRAN, ADMINISTRATIVE OFFICER, UNITD INDIA INSURANCE COMPANY LTD, BRANCH OFFICE, IRINJALAKKUDA, THRISSUR DISTRICT. BY ADVS. MR.E.K.NANDAKUMAR, MR.A.K.JAYASANKAR NAMBIAR, MR.K.JOHN MATHAI, MR.P.BENNY THOMAS, MR.P.GOPINATH, MR.V.J.ANAND. RESPONDENTS: ------------------------ 1. UNITED INDIA INSURANCE CO.LTD, HEAD OFFICE:24, WHITES ROAD, CHENNAI-600 014, REPRESENTED BY ITS CHAIRMAN-CUM-MANAGING DIRECTOR. 2. THE DEPUTY GENERAL MANAGER(PERSONAL), UNITED INDIA INSURANCE CO.LTD., HEAD OFFICE:24, WHITES ROAD, CHENNAI -600 014, 3. THE DEPUTY GNERAL MANAGER(PERSONAL), UNITED INDIA INSURANCE CO.LTD., REGIONAL OFFICE , "SARANYA" HOSPITAL ROAD, KOCHI-11. R1 TO R3 BY MR.P.K.MANOJKUMAR. S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.29576/2009-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DISCHARGE SUMMARY DTD. 20/09/2009 ISSUED BY THE HOSPITAL. EXT.P.2: COPY OF THE CERTIFICATE DTD. 08/09/2009 TO THAT EFFECT ISSUED BY THE HOSPITAL PRIOR TO THE SURGERY. EXT.P.3: COPY OF THE COMMUNICATION DTD. 05/10/2009 ISSUED BY THE BRANCH MANAGER INFORMING THE PETITIONER OF HIS OUTSTANDING LEAVE BALANCE. EXT.P.4: COPY OF THE ORDER DTD. 12/08/2009, WHICH WAS DELIVERED TO THE PETITIONER AT HIS RESIDENCE ON 09/09/2009. EXT.P.5: COPY OF THE LETTER DTD. 11/09/2009 SENT BY THE PETITIONER TO THE R.3. EXT.P.6: COPY OF THE LETTER DTD. 28/08/2009 ADDRESSED BY THE PETITIONER TO THE GENERAL MANAGER (PERSONNEL) OF THE COMPANY. EXT.P.7: COPY OF THE LETTER DTD 23/09/2009 ADDRESSED BY THE PETITIONER TO THE CHAIRMAN & MANAGING DIRECTOR. EXT.P.8: COPY OF THE LETTER DTD. 29/10/2009 WRITTEN BY THE SENIOR BRANCH MANAGER. EXT.P.9: COPY OF THE RELIEVING ORDER DTD. 16/10/2009. EXT.P.10: COPY OF THE LIST SHOWING THE NAMES OF THE EMPLOYEES AND THE PLACES TO WHICH THEY HAVE BEEN POSTED. EXT.P.11: COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE DOCTOR WHO IS TREATING THE PETITIONER DTD. 16/10/2009. RESPONDENTS' EXHIBITS: EXT.R3.A: COPY OF THE LIST OF OFFICERS PROMOTED TO THE CADRE OF ASSISTANT MANAGER (SCALEII) DTD. 14/07/2009 ISSUED BY THE DEPUTY GENERAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, HEAD OFFICE, CHENNAI. EXT.R3.B: COPY OF THE POSTAL RECEIPT ISSUED FROM THE MAIN POST OFFICE, THRISSUR, DTD. 19/10/2009. EXT.R3.C: COPY OF THE TRANSFER AND MOBILITY POLICY OF THE R.1. COMPANY. EXT.R3.D: COPY OF THE RELEVANT PAGES OF THE PROMOTION POLICY OF THE R.1. COMPANY. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.29576 of 2009-N - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of November, 2009. JUDGMENT The petitioner has approached this Court aggrieved by Ext.P4 to the extent to which he was promoted and transferred to Madurai as Assistant Manager (Scale-II). In the writ petition, it is averred by the petitioner that the petitioner suffered an accident on 19.8.2009 while he was traveling to his office. The two wheeler in which he was travelling, collided with another two wheeler and the petitioner sustained injuries to his left knee. He had been undergoing treatment and had been operated upon in Baby Memorial Hospital on 17.9.2009. Exts.P1 and P2 are the medical certificates produced by him. He can walk only by using crutches. Thereafter, he had been continuing on leave and in the meanwhile, he was promoted and transferred as per Ext.P4. Even after the said order was passed, he had been submitting request to retain him in the State in any suitable vacancy, especially since he is due to retire from service on 31.5.2002. 2. While admitting the writ petition, this Court passed an interim order directing the respondents not to relieve him from Irinjalakuda for a wpc 29576/2009 2 period of three weeks. 3. Learned Standing Counsel for the respondents, on the basis of the averments contained in the detailed counter affidavit, submitted that in Irinjalakuda, a substitute has joined and there is no vacancy to accommodate the petitioner there. 4. The petitioner has filed a reply affidavit producing Exts.P12 and P13. It is evident from Ext.P12 that sanction has been granted for upgrading the branches at Tirur, Thrissur and Kasaragod and a divisional office at Pathanamthitta has also started functioning on 2.11.2009. It is therefore submitted that sufficient vacancies are available now to accommodate the petitioner in any of these branches, so that the further hardship to him can be avoided. It is also submitted that there are other vacancies to which the petitioner can be accommodated. 5. Therefore, the writ petition is disposed of with the following directions: The petitioner will file a detailed representation before the competent authority, viz. the second respondent herein, within 10 days from today seeking for a posting in any suitable vacancy in Kerala and the second respondent will consider the same and pass appropriate orders within a period of one month thereafter. It is also reported that the petitioner is on wpc 29576/2009 3 leave now. The second respondent will consider the fact that the petitioner had suffered a serious injury to his knee and he is in the fag end of his career. No costs. (T.R. Ramachandran Nair, Judge.) kav/