IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 22540 of 2011(N) -------------------------- PETITIONER:- ------------------ BINU B., ASSISTANT ENGINEER, P.W.D.ROADS, PATHANAMTHITTA. BY ADV. SRI.S.MUHAMMED HANEEFF SMT.K.L.LAKSHMI RANI SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENTS:- --------------------- 1. THE CHIEF ENGINEER, P.W.D.ADMINISTRATION, THIRUVANANTHAPURAM-695001. 2. STATE OF KERALA, REP. BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 3. C.SUBASHKUMAR, ASSISTANT ENGINEER (WORKS), BUILDING DIVISION, PATHANAMTHITTA-689645. SRI.K.A.JALEEL, ADDL.ADVOCATE GENERAL FOR R1 & R2. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22540 of 2011(N) PETITIONER'S EXHIBITS:- P1: COPY OF THE TRANSFER ORDER NO.EB3/1000/10 DTD.1.12.2010 OF FIRST RESPONDENT. P2: COPY OF THE MRI SCAN REPORT OF MUTHOOT SCANS DTD. 7.8.2011 OF THE PETITIONER. P2(a): COPY OF THE MEDICAL CERTIFICATE OF DR.JAYARAJAN OF JOSCO HOSPITAL OF THE PETITIOINER. P3: COPY OF THE ORDER NO.EB3-9444/2011 DTD.17.8.2011 ISSUED BY THE FIRST RESPONDENT. P4: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD.17.8.2011. RESPONDENTS' EXHIBITS:- NIL. ( TRUE COPY ) PA TO JUDGE. Kvs/- C.T. RAVIKUMAR, J. = = = = = = = = = = = = WP(C).No.22540 of 2011-N. = = = = = = = = = = = = Dated this the 19th August, 2011. J U D G M E N T The petitioner is presently working as Assistant Engineer in Roads Division, Pathanamthitta. Pursuant to the order of transfer dated 1.12.2010 he joined the present station only on 6.12.2010. This writ petition has been filed challenging Ext.P3 order of transfer whereby the petitioner has been transferred from Roads Division, Pathanamthitta to Roads Section, Painavu in Idukki District and transferring and posting the 3rd respondent in his place. Various other contentions have been raised by the petitioner to assail Ext.P3. It is stated that the 3rd respondent who is his substitute had already completed the normal tenure of three years in his present station and it is only accommodate the 3rd respondent that the petitioner who is yet to complete the normal tenure was ordered to be transferred out. Yet another contention raised by the WP(C).No.22540/2011-N. 2 petitioner is that he is suffering from Cervical disc collapse. To substantiate the said contention the petitioner has produced Exts.P2 & P2(a) certificates. In the said circumstances, it is contended that there was no reason at all for the first respondent to transfer the petitioner solely to accommodate the 3rd respondent. Raising grievances against Ext.P3 order the petitioner moved the 2nd respondent by filing Ext.P4 representation. Since Ext.P4 is still pending before the 2nd respondent, this writ petition is disposed of with a direction to the 2nd respondent to consider and pass appropriate orders on Ext.P4 representation expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Needless to say that before passing orders on Ext.P4 the 3rd respondent shall also to be put on notice. C.T. RAVIKUMAR, (Judge) Kvs/-