IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(C).No. 30126 of 2011(M) ------------------------------------- PETITIONER(S): --------------------- HAREENDRANATHAN.K., HEAD WARDEN (K56), SUB JAIL, HOSDURG, KANHANGAD, KASARAGOD. BY ADV. SRI.I.V.PRAMOD RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, HOME DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM-695001. 2. THE ADDITIONAL DIRECTOR OF GENERAL OF POLICE, (JAIL DEPARTMENT), TRIVANDRUM, PIN 695001. R1 & R2 BY SHRI. JOSE ADIYODI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JM WPC NO. 30126 OF 2011 APPENDIX PETITIONERS EXHIBITS: P1: COPY OF THE ORDER NO ES. 18292 /11 DATED 4/11/11 ISSUED BY THE 2ND RESPONDENTS P2: COPY OF THE DISCHARGE SUMMERY ISSUED FROM SAHAKARANA HRUDAYALAYA DATED. 8.11.2010. RESPONDENTS EXHIBITS: // TRUE COPY// PA TO JUDGE JM K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 30126 OF 2011 ----------------------------------------------------------- Dated this the 11th November, 2011. JUDGMENT The petitioner has filed this writ petition challenging Ext.P1 order by which he was posted as a Head Warden at the newly sanctioned District Jail, Kannur. According to the petitioner, at present he is working at the Sub Jail, Hosdurg where he joined only on 10-1-2011. The petitioner contends that he is a heart patient undergoing treatment for his ailments at Kannur. The District Jail, Kannur does not have any infrastructural facilities and is only in its formative stages. He would have to travel about 80 kms which would be detrimental to his health. Therefore, the petitioner seeks appropriate directions for cancellation of Ext.P1. 2. I have heard the learned Govt. Pleader also. 3. A perusal of Ext.P1 shows that though the District Jail at Kannur was inaugurated on 15-2-2011 the same was not able to start functioning till date. Therefore, the officers mentioned therein have been posted on 'working arrangement' basis, to make the District Jail functional. The counsel for the petitioner contends that the employees who have been posted have not been given a WPC 30126/2011 2 right to exercise an option whether to go to Kannur or not. It is also alleged that employees have been selected by following a procedure of 'pick and choose'. However, since the posting at Kannur is done only on working arrangement, as a temporary measure I do not find any justification for the complaints of the petitioner. 4. Ext.P2 medical certificate shows that the petitioner is being treated for his heart ailments at Kannur. Therefore, his line of attack against Ext.P1 on the ground of his health condition has to fail. I do not find any reason to interfere with Ext.P1 proceedings. 5. The counsel for the petitioner submits that the petitioner would make a proper representation to the second respondent setting out his grievances. He seeks the issue of appropriate directions to consider the same. 6. In the above circumstances while dismissing this writ petition the petitioner is given the liberty to submit a proper representation before the second respondent setting out his grievances, if any, against his posting to the District Jail, Kannur. If such a representation is submitted within one week of receipt of a copy of this judgment, the second respondent shall consider the WPC 30126/2011 3 same in accordance with law and shall pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of three weeks of receipt of such representation. Writ petition is disposed of accordingly. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge