IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).NO. 15626 OF 2010(S) -------------------------- {OA.41/2010 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH} .................... PETITIONER(S): --------------- 1. UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA' MINISTRY OF COMMUNICATIONS & INFORMATION TECHNOLGY DEPARTMENT OF POSTS , DAK BHAVAN, SANSAD MARG NEW DELHI 110001. 2. THE CHIEF POSTMASTER GENERAL, KERALA CIRCLE THIRUVANANTHAPURAM. 3. SENIOR SUPERINTENDENT OF POSTS THIRUVANANTHAPURAM NORTH DIVISION, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF POSTAL SERVICES THIRUVANANTHAPURAM. BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI RESPONDENT(S): --------------- C.CHANDRIKA, W/O.THULASIKUMAR RESIDING AT PARVATHY MANDIRAM TC-27/1454, RISHIMANGALAM, VANCHIYOOR, THIRUVANANTHAPURAM-35. BY ADV. SRI.PREETHY RAMAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. --------------------------------------- W.P.(C)No.15626 of 2010 --------------------------------------- Dated this the 25th day of May, 2010 JUDGMENT THOTTATHIL B.RADHAKRISHNAN, J. Heard learned Assistant Solicitor General Advocate T.P.M.Ibrahim Khan for the petitioners and Advocate Preethi Ramakrishnan for the respondent. 2. The respondent, while working in Asramam in Kollam District, was posted to Venjaramoodu Post office. She is a physically handicapped person. She represented to the Director of Postal Services, who in turn, directed the Senior Superintendent of Post Offices, Thiruvananthapuram to consider posting of the respondent to a more convenient place than Venjaramoodu P.O. The view of the Department is that even if the applicant is posted at Vanchiyoor General P.O., East P.O., Vikas Bhavan P.O. or Medical College P.O., she may have to got on deputation throughout the Division when there is temporary shortage of hands or when there is leave vacancy. Obviously, this will be the situation if she is W.P.(C)No.15626 of 2010 :: 2 :: posted in Thiruvananthapuram Division. The impugned order of the Tribunal, though challenged by the Department, is essentially a matter relating to transfer and posting, in the realm of administrative orders, which may have to be passed from time to time, taking into account different facts and factors. One of the relevant factors is the physical situation of the applicant and the best possible departmental assistance that could be extended to her on the given facts and circumstances. 3. Therefore, it would suffice if the Superintendent of Post Offices acts on the direction of the Director of postal Services, which has been recorded in paragraph 6 of the impugned order of the Tribunal and does the needful in terms thereof. This would enable the applicant to suggest to the competent officer any other place where she could be accommodated, having regard to the fact that W.P.(C)No.15626 of 2010 :: 3 :: she is a physically challenged person and to post her near Vanchiyoor. 4. The impugned order, Ext.P3, of the Tribunal is modified to the above extent. Let the needful be done within a period of three weeks from today. Writ petition is ordered as above. Sd/- (THOTTATHIL B.RADHAKRISHNAN) JUDGE Sd/- (S.S.SATHEESACHANDRAN) JUDGE sk/ //true copy// P.S. to Judge.