IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 30TH OCTOBER 2006 / 8TH KARTHIKA 1928 WP(C).No. 29786 of 2008(U) -------------------------- PETITIONER: --------------- S.SATHIKUMAR, PEON, KERALA HEADLOAD WORKERS WELFARE BOARD, SUB OFFICE, KARUNAGAPPALLY. BY ADV. SRI.M.V.THAMBAN RESPONDENTS: --------------- 1. THE CHIEF EXECUTIVE, KERALA HEADLOAD WORKERS WELFARE BOARD, S.R.M. ROAD, ERNAKULAM. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVT. DEPARTMENT OF LABOUR & REHABILITATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN SRI.RENIL ANTO KANDAMKULATHY, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ================= W.P.(C).No.29786 of 2008 - U =============================== Dated this the 30th day of October, 2008. J U D G M E N T Heard Sri.M.V.Thampan, the learned counsel appearing for the petitioner and Sri.Renil Anto Kandamkulathil, the learned standing counsel appearing for the Kerala Headload Workers Welfare Board. 2. The petitioner, a person with disability is employed as Peon in the Kerala Headload Workers Welfare Board, hereinafter referred to as the Board for short. While he was working as Peon in the Sub Office of the Board at Nedumangad, action was taken against him for financial irregularities which resulted in his transfer to the Office of the Board at Thiruvananthapuram. Later by Ext.P2 order passed on 12.5.2007 he was transferred to Willington Island. Seeking a posting in Thiruvananthapuram District, on the ground that he is a person with physical disability, he moved a representation before the State Government with a copy to the Chief Executive Officer of the Board. He thereafter filed W.P.(C).No.15620 of 2007 in this Court. By Ext.P3 W.P.(C).No.29786 of 2008 - U 2 judgment delivered on 28.5.2007, this Court disposed of the writ petition with a direction to the Chief Executive of the Board to consider whether, having regard to the fact that the petitioner is a low paid employee and a person with disability, he can be posted in the southern part of Kerala as and when a vacancy arises. Pursuant to the said direction, the petitioner was transferred from Willington Island and posted in Karunagappally. He thereafter moved the Chief Executive Officer of the Board by submitting Ext.P4 representation dated 30.9.2008 pointing out that in the Committee Office of the Board at Thiruvananthapuram, a vacancy of Peon has arisen and sought transfer to the said office. The said representation according to the petitioner was forwarded by the Chairman of the Sub Office at Karunagappally to the Chief Executive of the Board at Ernakulam along with Ext.P5 letter dated 30.9.2008, wherein the Chairman of the Sub Office had recommended the petitioner's request for transfer to Thiruvananthapuram. In this writ petition, the petitioner prays for a direction to the first respondent to transfer and post him at Thiruvananthapuram. W.P.(C).No.29786 of 2008 - U 3 3. Sri.M.V.Thampan, the learned counsel appearing for the petitioner submits that a vacancy of Peon has arisen in Thiruvananthapuram Committee Office on 4.10.2008 and that the said vacancy has not yet been filled up. The learned counsel for the petitioner submits that having regard to the fact that the petitioner is a low paid employee and a person with disability, he is entitled to be posted in Thiruvananthapuram. Per contra, Sri.Renil Anto Kandamkulathil, the learned standing counsel for the Board submits that the petitioner who was found guilty of financial irregularities while he was working at Nedumangad, cannot seek or be granted transfer to Thiruvananthapuram. 4. Ext.P2 discloses that the petitioner was transferred out of Nedumangad and posted at Thiruvananthapuram following the complaint against him while he was working at Nedumangad. The respondents have no case that while the petitioner was working at Thiruvananthapuram, he was involved in any act of misconduct. In such circumstances, as the petitioner is a low paid employee and admittedly a person with disability, it is only desirable that his request for a transfer and posting to W.P.(C).No.29786 of 2008 - U 4 Thiruvananthapuram Committee Office is sympathetically considered by the first respondent. The first respondent shall, before the vacancy of Peon in the Office of the Board at Thiruvananthapuram, which has arisen on 4.10.2008 is filled up, consider the petitioner's claim for a posting in the said vacancy, if as on today, the said vacancy has not been filled up. The writ petition is disposed of as above. P.N.RAVINDRAN, JUDGE bkn/-