IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 WP(C).No. 703 of 2010(K) ------------------------ PETITIONER(S): --------------- PADMA K.B, AGED 54 YEARS D/O.L.BHAVANI AMMA, WORKING AS ADMINISTRATIVE ASSISTANT, DISTRICT INDUSTRIES CENTRE, WATER WORKS COMPOUND, THIRUVANANTHAPURAM 692054 NOW RESIDING AT KUZHIKULANGARA VEEDU,T.C.28/424 KAITHAMUKKU,PETTAH PO,THIRUVANANTHAPURAM. BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, INDUSTRIES DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHURAM. 2. THE JOINT SECRETARY INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 3. THE GENERAL MANAGER DISTRICT INDUSTRIES CENTRE, WATER WORKS COMPUND,VELLAYAMBALAM, THIRUVANANTHAPURAM 692 054. 4. R.RAVIKUMAR ADMINISTRATIVE ASSISTANT, DISTRICT INDUSTRIES CENTRE, MALAPPURAM. BY GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.703 of 2010 ------------------------------------------- Dated this the 11th day of January, 2010 JUDGMENT The petitioner is a Lower Division Clerk in the Industries Department who has been working at Thiruvananthapuram from 25.2.2008. She is due to retire on 31.11.2010. She is also a Diabetic patient who is undergoing treatment for Diabetic Ulcer on her right leg. She is also a widow. The petitioner has been transferred from Thiruvananthapuram to Malappuram as per Ext.P1 transfer order dated 17.12.2008. The allegation of the petitioner is that the transfer order has been issued only for accommodating the 4th respondent at Thiruvananthapuram. It is the case of the petitioner that no reason has been mentioned in Ext.P1 and that the transfer order was absolutely unsustainable and violative of Ext.P4 guidelines for transfer. WPC No.703/2010 2 2. The Government Pleader has on instructions submitted that there were complaints regarding the manner in which the petitioner was discharging her duties. Since the petitioner was not discharging her duties properly, the smooth functioning of the office itself was affected and therefore she had been requested to be transferred by the Director of Industries and Commerce. Therefore, it is only for administrative reasons, the transfer has been affected. 3. The above being the position, I do not find any grounds to interfere with Ext.P1 transfer order. However, it is also to be borne in mind that the petitioner is a person who has only less than a year to retire. She is a person suffering from Diabetics with Ulcer on her right leg for which she is under treatment. Considering the personal problems faced by the petitioner, her case requires sympathetic consideration and it has to be considered by the first WPC No.703/2010 3 respondent whether she could be accommodated at a place near to Thiruvananthapuram. Ext.P3 representation has been submitted by the petitioner, but it is seen that it has been addressed the Minister for Industries. Therefore, the petitioner will file a fresh representation detailing her grievances to the first respondent, within a period of one week from today. If such a representation is received, the first respondent shall consider and pass orders thereon, as expeditiously as possible and at any rate within a period of three weeks thereafter. The Writ Petition is disposed of with the above direction. K.SURENDRA MOHAN, JUDGE css/