IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 24278 of 2011(H) ---------------------------------------- PETITIONER(S): ------------------------ U.MUKUNDAN, DISTRICT PROBATION OFFICER GRADE-I, (INTAKE), THRISSUR. BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF SOCIAL WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. DIRECTOR OF SOCIAL WELFARE, DIRECTORATE OF SOCIAL WELFARE, THIRUVANANTHAPURAM-PIN-695 033. BY SR GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.24278/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE G.O.(RT) NO.282/2011/SWD DATED 5/8/2011. P2 COPY OF THE CERTIFICATE DATED 9/8/2011 ISSUED BY THE DIRECTOR, ICCONS, SHORANUR. P3 COPY OF THE ORDER NO.EI-20754/2011 DATED 20/08/2011 ISSUED BY THE 2ND RESPONDENT. P4 COPY OF THE REPRESENTATION DATED 12/8/2011 SUBMITTED BY THE PETITIONER TO GOVERNMENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.24278 of 2011 ---------------------------- Dated 6th September, 2011 JUDGMENT The petitioner is presently working as District Probation Officer Grade-I (Intake) in Thrissur. As per Ext.P1, the petitioner has been transferred to Wayanad. Feeling aggrieved by the said order of transfer the petitioner has submitted Ext.P4 representation before the first respondent requesting for cancellation of the transfer and posting ordered as per Ext.P1. The petitioner contends that in the light of Ext.P2, which would reveal that the one and the only daughter of the petitioner is a deaf and dumb person, the respondents are bound to consider the request made by the petitioner as per Ext.P4. It is further stated that the petitioner has not so far been relieved and no other person has been transferred and posted in his place as District Probation Officer Grade-I (Intake). 2. I have heard the learned counsel appearing for the petitioner as also the learned Government Pleader. Feeling aggrieved by Ext.P1 order of transfer the petitioner has already moved the first respondent through Ext.P4 representation. The petitioner has also produced a copy of Ext.P2 along with Ext.P4 representation. It is also contended that no substitute has been transferred and posted in his place. In the said circumstances, this writ WP(C).No.24278/2011 2 petition is disposed of with a direction to the first respondent to consider Ext.P4 representation, taking into account Ext.P2 and other relevant Government orders on the said subject, and pass appropriate orders thereon expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. In case no substitute has been posted as District Probation Officer (Intake) in place of the petitioner, he shall be permitted to continue in the said post till a decision is taken on Ext.P4 and communicated to the petitioner. Sd/- C.T.RAVIKUMAR Judge TKS