IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 WP(C).No. 23439 of 2011(D) ----------------------------------------- PETITIONER(S): ----------------------- SUNIL R.NAIR, AGED 50 YEARS, S/O.RAMAN NAIR, SENIOR ASSISTANT, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, MAVELIKKARA. (RESIDING AT SOUPARNIKA, KAITHA NORTH, CHETTIKULANGARA, MAVELIKKARA). BY ADVS. SRI.ASOK M.CHERIAN, SRI.SANTHOSH G. PRABHU, SRI.S.KANNAN. RESPONDENT(S): --------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004. 2. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004. 3. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, MAVELIKARA-690 101. R1 TO R3 BY ADV. SRI. K.S. ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23439/2011 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE MEDICAL CERTIFICATE DTD. 12/01/2011 ISSUED BY THE SENIOR MEDICAL RECORDS OFFICER, SREE CHITHRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY, THIRUVANANTHAPURAM. P2: COPY OF THE PROCEEDINGS ENDT. ON EB3(B)/SA/T&P/GT/2011 DTD. 23/07/2011. P3: COPY OF THE RO.NO.3077/96 (HRD 86/9697) DTD. 23/12/1996 PRESCRIBING GUIDELINES/NORMS FOR TRANSFERS AND POSTINGS OF OFFICERS OF KSE BOARD. P4: COPY OF THE REPRESENTATION DTD. 10/03/2011 SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER. P5: COPY OF THE REPRESENTATION DTD. 25/07/2011 SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER. P6: COPY OF THE PROCEEDINGS ENDT. ON EB3(B)/SA/T&P/GT-AN.1/2011 DTD.24/08/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J. = = = = = = = = = = = = = WP(C).No.23439 of 2011-D. = = = = = = = = = = = = = Dated this the 26th August, 2011. J U D G M E N T The petitioner is a Senior Assistant under the Kerala State Electricity Board, presently working as such in the Electrical Division, Mavelikara. This writ petition has been filed on being aggrieved by Ext.P6 order of transfer whereby he was transferred to Electrical Circle, Kasargod. The contention of the petitioner is that originally as per Ext.P2 the petitioner was transferred to Electrical Circle, Kasargod. Feeling aggrieved the petitioner preferred Ext.P4 representation that was forwarded to the 2nd respondent by the 3rd respondent. Along with the said representation the petitioner has produced Ext.P1 medical certificate. Ext.P1 medical certificate would reveal that the petitioner had undergone Craniotomy and excision of hemangioblastoma on 30.10.2007 and continuous WP(C).No.23439/2011-D. 2 medication and close care of the progress is required in the case of the petitioner. Ext.P1 is a certificate issued by the Sree Chitra Tirunal Institute for Medical Sciences and Technology, Thiruvananthapuram. The contention of the petitioner is that on account of that surgery the petitioner is having severe problem in limb movement and that fact was not considered by the respondents before passing Ext.P6. It is submitted that in the case of certain transferees in Ext.P2 it was modified as per Ext.P6. However, in the case of the petitioner without a due consideration of the grievance raised by the petitioner in the light of Ext.P1 the original order was retained. In view of Ext.P1 I am of the view that the respondents are bound to consider the claim of the petitioner with compassion. In the said circumstances, this writ petition is disposed of with liberty to the petitioner to approach the 2nd respondent by filing a proper representation. The petitioner may also produce a copy of Ext.P1 medical certificate along with the said WP(C).No.23439/2011-D. 3 representation within ten days from the date of receipt of a copy of this representation. On receipt of the said representation within the above stipulated time the 2nd respondent shall consider the grievance raised by the petitioner and while considering the same the 2nd respondent shall also look into Ext.P1. A decision thereon shall be taken within three weeks from the date of receipt of such representation. Till a decision is taken on such representation, in case it is submitted within the time stipulated above, the petitioner shall be allowed to continue in the present station. C.T.RAVIKUMAR, (Judge) Kvs/-