IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 14466 of 2008(V) -------------------------- PETITIONER(S): --------------- K.RAJEEV NAMBIAR, S/O.LATE C.T.DAMODARAN NAMBIAR, DEPUTY MANAGER, UNITED INDIA INSURANCE CO.LTD., REGIONAL OFFICE, KOCHI. BY ADV. SRI.M.K.DAMODARAN, SENIOR ADVOCATE SRI.NISHIL.P.S. SRI.P.S.PRADEEP SRI.ALAN PAPALI RESPONDENT(S): --------------- 1. THE UNITED INDIA INSURANCE COMPANY, REPRESENTED BY THE CHAIRMAN-CUM-MANAGING DIRECTOR, HEAD OFFICE, 24 WHITES ROAD, CHENNAI-14. 2. C.P.R.VARMA, DEPUTY GENERAL MANAGER, PERSONNEL DEPARTMENT, HEAD OFFICE, 24 WHITES ROAD, CHENNAI-14. 3. THE DEPUTY GENERAL MANAGER, UNITED INDIA INSURANCE CO.LTD., REGIONAL OFFICE, KOCHI. ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE FOR R2 & 3 SRI.THOMAS T.VARGHESE FOR R2 & 3 SRI.PHILIP T.VARGHESE FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.7.2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). No. 14466/2008 APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE TRANSFER ORDER ISSUED BY R3 DTD.11.1.08. P2. COPY OF THE REPRESENTATION DTD.17.1.08 TO R1 THROUGH R3. P3. COPY OF THE MEDICAL CERTIFICATE DTD.2.2.08. P4. COPY OF THE DISCHARGE SUMMARY FROM MEDICAL TRUST HOSPITAL DTD.2.2.08. P5. COPY OF THE REPRESENTATION DTD.4.4.08 TO R1. P6. COPY OF THE DISCHARGE SUMMARY FROM MEDICAL TRUST DTD.30.4.08. P7. COPY OF THE DISCHARGE SUMMARY DTD.10.11.08 FROM MEDICAL TRUST HOSPITAL. P8. COPY OF THE DISCHARGE SUMMARY DTD.24.1.09 FROM THE MEDICAL TRUST HOSPITAL. P9. COPY OF THE OFFICE NOTE DTD.5.2.09 OF R3. P10. COPY OF THE OFFICE ORDER DTD.5.2.09 BY R3. RESPONDENT(S)'EXHIBITS R1. COPY OF THE TRANSFER ORDER DTD.6.12.06. R1A COPY OF THE REPRESENTATION DTD.15.12.06. “B. COPY OF THE DTD.18.12.06. “C. COPY OF THE LETTER DTD.30.1.08. “D. COPY OF THE REPRESENTATION DTD.5.2.08. “E. COPY OF THE MEMO ISSUED BY R2 DTD.26.3.08. “F. COPY OF THE TRANSFER AND MOBILITY POLICY GUIDELINES-OFFICERS OF THE UNITED INDIA INSURANCE COMPANY LTD. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.14466 of 2008 ================== Dated this the 16th day of July, 2009 J U D G M E N T In this writ petition, the petitioner, who is a Deputy Manager of the 1st respondent company, is challenging Ext.P1 transfer order, whereby he has been transferred from his present station at Cochin to the Regional Office, Coimbatore. After passing Ext.R1 order on 6.12.2006 ordering transfer of the petitioner, the same was kept in abeyance till 11.1.2008. It was thereafter Ext.P1 order has been passed on 11.1.2008 directing the petitioner to report for duty at Coimbatore. That also was not implemented till 26.3.2008 on the basis of the representations of the petitioner. The petitioner's contention is that the petitioner is a chronic heart patient with serious kidney and spinal diseases and he is suffering from lack of sensation, spastic movements and loss of balance while walking, as evidenced by Exts.P3, P4 and P6. The petitioner points out that citing his medical disability, the petitioner has been deprived of his promotion as Divisional Manager. The petitioner contends that in view of his serious ailments, he should not be transferred now. He would further submit that at least he should be given a convenient posting where he would have the assistance of his relatives and friends, which the petitioner does not have at Coimbatore. The petitioner, therefore, seeks the following reliefs: w.p.c.14466/08 2 “(i) to issue a writ in the nature of certiorari or any other appropriate writ or order calling for the records leading to Ext.P1 Transfer Order issued by the 3rd respondent and quash the same. (ii) to issue a writ of mandamus, order or direction directing the respondents to consider Exts.P2 and P5 representations of the petitioner before implementing Ext.P1 Transfer Order issued by the 3rd respondent.” 2. The contentions of the petitioner are seriously controverted by the respondents in their various counter affidavits. According to the respondents, the petitioner has been working in Kochi from 1991 onwards uninterruptedly. It is pointed out that the petitioner was transferred by Ext.R1 on 6.12.2006 and it is because of his representations that the same was not immediately implemented. According to the respondents, since it was no longer possible in the exigencies of service to postpone the transfer any further, Ext.P1 order has been issued, which itself was again kept in abeyance till 26.3.2008. The contention is that the petitioner has been given all possible accommodation in the matter and it is not because the respondents are insensitive to the difficulties of the petitioner that the transfer had to be implemented, but only because of exigencies of service. 3. I have considered the rival contentions in detail. 4. The jurisdiction of this Court in interfering with transfer orders is very very limited, which is the settled law. No doubt, the petitioner is entitled to sympathy. But that sympathy has to be w.p.c.14466/08 3 weighed with administrative exigencies. In the writ petition the petitioner does not allege any malafides as such against the respondents. He is harping on his serious ailments for sympathetic consideration of the representations. As I have already stated, the petitioner certainly deserves sympathy. Whether that sympathy shall go to the extent of directing the respondents to put up with administrative difficulties is a matter which has to be considered by the 1st respondent. In the above circumstances, I dispose of this writ petition with a direction to the Chairman-cum-Managing Director of the 1st respondent company to consider the case of the petitioner for a convenient posting where he can have the assistance of his relatives and friends, if exigencies of service permit the same. Accordingly, the Chairman-cum-Managing Director shall consider the case of the petitioner as sympathetically as possible, and pass orders afresh taking into account the observations contained in this judgment, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Till then the interim order passed in this writ petition on 9.5.2008 shall continue to be in force. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// . P.A. to Judge w.p.c.14466/08 4