IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 17035 of 2010(D) -------------------------- PETITIONER(S): --------------- A.AJITH KUMAR, AGED 43 YEARS, SON OF M.ANIRUDHAN, CONSTABLE NO.894525878, B COY, CISF UNIT, C.P.T.COCHIN, RESIDING AT C2-361, CISF COMPLEX, WELLINGTON ISLAND COCHIN. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): --------------- 1. THE DIRECTOR GENERAL OF CISF, OFFICE OF THE DIRECTOR GENERAL, CENTRAL INDUSTRIAL SECURITY FORCE, NEW DELHI. 2. THE INSPECTOR GENERAL CISF, SOUTH ZONE, HEAD QUARTERS, CHENNAI, TAMIL NADU. 3. THE DEPUTY INSPECTOR GENERAL, SOUTH ZONE, HEAD QUARTERS, CHENNAI, TAMIL NADU. 4. THE COMMANDANT, CETRAL INDUSTRIAL SECURITY FORCE UNIT, COCHIN PORT TRUST, COCHIN. MR.T.P.M.IBRAHIM KHAN, ASG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.17035 of 2010 (D) --------------------------------- Dated, this the 2nd day of June, 2010 J U D G M E N T Heard the counsel for the petitioner and the Assistant Solicitor General for the respondents. 2. The petitioner is a Constable working in the CISF Unit, Cochin Port Trust, under the 2nd respondent. On 24/02/2009 he met with an accident and suffered severe injuries to his right leg and other parts of his body. As a result of the accident he was hospitalised for a long period and had undergone two surgeries. Although, the petitioner has resumed duties, he is still not fully recovered. 3. According to the learned counsel for the petitioner, on the premise that he has completed three years at the present station, he was proposed to be transferred to Neyveli Lignite Corporation, Neyveli, Tamilnadu. On coming to know of the matter, the petitioner represented that in view of his bad health, he may be exempted from transfer at least for the present. It is stated that WP(C) No.17035/2010 -2- representations made to respondents 2 & 3 were not considered and in the meanwhile, he was issued Ext.P6 order transferring him to Neyveli Lignite Corporation. It is challenging Ext.P6, this writ petition has been filed. 4. The learned counsel for the respondents submit that the representation dated 11/03/2010 made by the petitioner was considered by the respondents, and it was thereafter that Ext.P6 order of transfer was issued. According to him, in view of Ext.P6, the petitioner stands relieved from the present station and has to join at the transferred place. 5. Admittedly, the petitioner suffered severe injuries in the accident. This fact is disclosed in the medical certificate produced by the petitioner. It is on this basis the petitioner is seeking exemption from transfer at least for the present. Although, it is the case of the respondents that the representation has been considered by them and that the same has been rejected, nothing has been placed before me to show that this order of rejection has been communicated to the petitioner. Therefore, as far as the petitioner is concerned, the representations are still not disposed of. WP(C) No.17035/2010 -3- Further it is not known whether the petitioner's physical condition was considered when his request was rejected. Having regard to the above, I feel it is only appropriate that the 2nd respondent should consider the representations made by the petitioner, including Ext.P5 dated 24/04/2010, keeping Ext.P6 to the extent the petitioner is transferred, in abeyance. 6. Therefore, this writ petition is disposed of directing the 2nd respondent to consider Ext.P5 and pass orders thereon. This shall be done as expeditiously as possible, at any rate, within four weeks from today. It is directed that in the meanwhile further proceedings pursuant to Ext.P6, insofar as the petitioner is concerned, will be kept in abeyance. The petitioner shall immediately produce a copy of this judgment along with a copy of this writ petition before the 2nd respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg