IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 WP(C).No. 15865 of 2008(L) -------------------------- PETITIONER: ------------ D.SELVARAJAN, S/O.DAVID, `YAHVERA', THATTARAMBALAM, V.P.THAMPY LANE, KODAPPANAKUNNU P.O., THIRUVANANTHAPURAM-43, (WORKING AS L.D.CLERK, ANIMAL HUSBANDRY DEPARTMENT). BY ADV. SRI.M.RAMASWAMY PILLAI SRI.P.M.JOSEPH RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, ANIMAL HUSBANDARY DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DISTRICT ANIMAL HUSBANDARY OFFICER, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).15865/2008 -------------------- Dated this the 30th day of May, 2008 JUDGMENT Petitioner is aggrieved by Ext.P9 order by which he has been transferred from the District Livestock Farm, Kudappanakunnu in Thiruvananthapuram District to the Regional A.I.Centre, Pathanapuram. It is now conceded that the petitioner has joined at Pathanapuram. Learned counsel for the petitioner submits that since the petitioner is a physically handicapped person, transfer to Pathanapuram visits him with serious hardship. Learned Government Pleader points out that disciplinary proceedings are pending against the petitioner that he was originally suspended from service, but was later reinstated. It was made clear by the Government at the time of reinstatement that the petitioner will be posted in a non sensitive post outside the District. Petitioner cannot claim a posting in Thiruvananthapuram itself. 2. I find force in the submission made by the learned Government Pleader that the petitioner cannot insist for a W.P.(C).15865/2008 2 posting within the Thiruvananthapuram District. Taking note of the fact that the petitioner is a physically handicapped person, it is always open to the Government to give the petitioner a posting in a place as near to Thiruvananthapuram as possible and from where the petitioner would be in a position to commute on a daily basis. These aspects may be brought to the notice of the Government by the petitioner. 3. In the result, writ petition is disposed of permitting the petitioner to move the Government for a posting in a place other than in Pathanapuram, in terms of the observations made herein. If the request is made in this regard within two weeks from today, appropriate decision shall be taken thereon by the Government, within three weeks thereafter, taking note of the fact that the petitioner is a physically handicapped person. V.GIRI, Judge mrcs