IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 WP(C).No. 18273 of 2011(H) ----------------------------------------- PETITIONER(S): ------------------------- P.SARADA, SAFAI KARMACHARI (S/K), (UNDER TRANSFER), I.D.NO.841221784, COMPOSITE HOSPITAL, CRPF, PALLIPURAM, THIRUVANANTHAPURAM-695 316. BY ADVS. SRI.T.C.SURESH MENON, SRI.P.S.APPU, SRI.JAISON JOSEPH. RESPONDENT(S): --------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI-110 001. 2. DIRECTOR (MEDICAL), CRPF, OLD SPG DISPENSARY, M.B.ROAD, SECTOR-IV, PUSH VIHAR, NEW DELHI-17. 3. DEPUTY INSPECTOR GENERAL OF POLICE (MEDICAL), MEDICAL SUPERINTENDENT, COMPOSITE HOSPITAL, CRPF, PALLIPURAM, THIRUVANANTHAPURAM-695 316. R1 BY SRI. P.PARAMESWARAN NAIR, ASST.S.G.OF INDIA R2 & R3 BY ADV. SRI.T.SANJAY, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18273/2011 H APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE IDENTITY CARD ISSUED BY THE 1ST RESPONDENT DTD. 31/03/2004. P2: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DTD.17/06/2011. P3: COPY OF THE TRANSFER ORDER DTD. 30/06/2011. P4: COPY OF REFERRAL ORDER DTD. NIL. P5: COPY OF HEARING ASSESSMENT REPORT DTD. 22/07/2008. P6: COPY OF OUT PATIENT RECORD DTD. 11/07/2008. P7: COPY OF OUT PATIENT RECORD DTD. 19/08/2008. P8: COPY OF OUT PATIENT RECORD DTD. 24/12/2009. P9: COPY OF OUT PATIENT RECORD DTD. 19/03/2010. P10: COPY OF MEDICAL CERTIFICATE DTD. 14/06/2011. P11: COPY OF THE REPRESENTATION FORWARDED TO THE 2ND RESPONDENT DTD. 2/07/2011. P12: COPY OF THE POSTAL RECEIPTS (2 NOS.) DTD. 4/07/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 18273 OF 2011 -------------------------------------------- Dated this the 8th day of July, 2011 JUDGMENT The petitioner is working as Hospital Safai Karmachari (S/K) at Composite Hospital, CRPF, Pallippuram in Thiruvananthapuram district. The contention of the petitioner is that she is aged 54 years and is due to retire from service by 2017 and that she is suffering from cervical spondylosis as well as CSOM (infectious ears). Earlier, she was ordered to be transferred to 106 RAF Unit at Jamshedpur. Feeling aggrieved by the said order, she approached this Court by filing W.P.(C).No.16316/2011. Considering the fact that she is a low paid employee alleged to have been suffering from the diseases mentioned above, this Court disposed of the said Writ Petition as per Ext.P2 judgment with a direction to the second respondent to consider Ext.P11 representation, referred as such in the said Writ Petition, and pass orders thereon. Further, it was directed that the petitioner shall not be transferred even in case of an adverse order on Ext.P11 for one week from the date of service of such an order. After considering the said representation in terms of Ext.P2 judgment, Ext.P3 order was passed. It is challenging Ext.P3 that Writ Petition has been W.P.(C) NO.18273/2011 2 filed. 2. The main prayer in this Writ Petition is for a direction to the respondents to defer implementation of Ext.P3 order till 31.3.2012 or to quash the same by the issuance of a writ of certiorari. In fact, on receipt of Ext.P3, the petitioner has filed Ext.P11 representation dated 2.5.2011 before the second respondent. It carries a prayer for deferring implementation of the order in Ext.P3 till 31.3.2012. It is further prayed that the respondents may be directed to consider Ext.P11 representation on merits after affording an opportunity of being heard to the petitioner. 3. A statement has been filed in this Writ petition by the respondents. It is stated thereunder that as per order No.O.IV-15/2005-Org dated 23.3.2010 of the Directorate General of CRPF, the post of Hospital safai Karmachari is not authorized in the sanctioned strength of 50 bed Composite Hospitals. In terms of the said order, Safai Karmacharis posted to 50 bed Composite Hospitals prior to the above order were to be relocated to the office/establishment where the post of Safai Karmachari is authorised in their sanctioned strength. It was in the said circumstances that originally, the petitioner was ordered to be transferred to Jamshedpur. However, it was decided to post the petitioner at Coimbatore as a special W.P.(C) NO.18273/2011 3 case on sympathetic grounds taking into account the spirit behind Ext.P2 judgment. In the context of the case, it is relevant to note that even in the earlier Writ Petition, this court only directed the second respondent to consider Ext.P11 representation referred as such in the said Writ Petition. Admittedly, in Ext.P11 representation, in the earlier Writ Petition, while raising grievances against the transfer to Jamshedpur, the petitioner had requested only for a transfer to Coimbatore. Virtually, the respondents have only acceded to the said request made by the petitioner and given a posting to Coimbatore. When that be the case, I am of the view that the petitioner is not justified in requiring the respondent to defer implementation of Ext.P3 order. The petitioner wanted to remain in Thiruvananthapuram itself for arranging the marriage of her daughter. The petitioner is not having a case that she is incapable of discharging the duties attached to the post of Safayi Karmachari on account of her physical ailment. Therefore, taking into account the fact that the impugned transfer order is nothing but acceptance of the very request made by the petitioner, I am of the considered view the impugned order invites no interference. There is no merit in this Writ Petition and accordingly, it is dismissed. At the same time, taking into account the fact that the petitioner is a lady and W.P.(C) NO.18273/2011 4 the place to which she is transferred is in another state, the respondents shall grant sufficient time to the petitioner, in accordance with law, to join at 105 RAF BN Coimbatore. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.18273/2011 5 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.18273/2011 6