IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 27962 of 2011(U) ---------------------------------------- PETITIONER(S): ----------------------- S.SUDHAKARAN, S/O.C.SIVASANKARAN, AGED 46 YEARS, UPPER DIVISION CLERK HIGHER GRADE, MINOR IRRIGATION DIVISION, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, DEPARTMENT OF WATER RESOURCES, SECRETARIAT TRIVANDRUM.PIN-695 001. 2. THE CHIEF ENGINEER, IRRIGATION(ADMINISTRATION), TRIVANDRUM.PIN-695 001. 3. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, PALAKKAD.PIN-678 001. 4. B.MANOHARAN, LOWER DIVISION CLERK, IRRIGATION DEPARTMENT, DAM SECTION, MALAMPUZHA.PIN-678 651. R1 TO R3 BY SR GOVERNMENT PLEADER SRI.LIJU STEPHEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.27962/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE DISCHARGE SUMMARY ISSUED BY THE DEPARTMENT OF MEDICAL ONCOLOGY, LEKESHORE HOSPITAL KOCHI. P2 COPY OF THE QUERY AND ANSWER OBTAINED FROM THE OFFICE OF THE 2ND RESPONDENT. P3 COPY OF THE QUERY AND ANSWER OBTAINED FROM THE OFFICE OF THE SUPERINTENDING ENGINEER, MINOR IRRIGATION, CENTRAL CIRCLE ERNAKULAM. P4 COPY OF THE RELEVANT PAGES OF THE ORDER OF TRANSFER DATED 17/10/2011 ISSUED BY THE 2ND RESPONDENT. P5 COPY OF THE REPRESENTATION DATED 20/10/2011 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 27962 OF 2011 ----------------------------------------------------------- Dated this the 20th October, 2011. JUDGMENT The petitioner, an Upper Division Clerk (UDC for short) in the office of the third respondent has filed this writ petition challenging Ext.P4 transfer order. As per Ext.P4, he has been transferred from Palakkad to Dam Section, Malampuzha. The fourth respondent has been transferred to his place. 2. According to the petitioner, he is a person suffering from cancer. He has undergone as many as twenty radiations and chemotherapy. His transfer to the Malampuzha dam section requires him to discharge strenuous duties spread over long hours, the place being a tourist spot, thereby endangering his health and even his life. It is the further case of the petitioner that the fourth respondent who has been transferred to take his place is only a lower division clerk and therefore he could not be posted as a substitute for him. The petitioner has raised certain other allegations as well. 3. I have heard the learned Govt. Pleader also. WPC 27962/2011 2 4. The petitioner has already submitted Ext.P5 representation setting out his grievances, which is pending before the second respondent. Since Ext.P5 is pending consideration of the second respondent, I do not think it necessary to pronounce on the merits of the contentions raised in this writ petition. It is sufficient that Ext.P5 is directed to be considered and disposed of on an early date. 5. This writ petition is accordingly disposed of directing the second respondent to consider the representation submitted by the petitioner, evidenced herein by Ext.P5 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment. Pending final disposal of Ext.P5, the petitioner shall be retained at his present posting station at Palakkad. Sd/- K. SURENDRA MOHAN Judge jj P.S. to Judge WPC 27962/2011 3