IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 22525 of 2011(M) -------------------------- PETITIONER:- ----------------- P.K.SAMBASIVAN,S/O.KUNCHU ACHARI, AGED 55 YEARS,SREENILAYAM,PARADISE LANE, NAZRETH ROAD,PATTERIPURAM,ALUVA-1, ERNAKULAM DISTRICT. BY ADV. SRI.A.K.GOPALAN RESPONDENTS:- --------------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY PUBLIC WORKS DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER,PWD ROADS & BRIDGES & ADMINISTRATION PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM. BY ADDL.ADVOCATE GENERAL SRI.K.A.JALEEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22525 of 2011(M) PETITIONER'S EXHIBITS:- P1: COPY OF THE RELEVANT EXTRACT OF THE ORDER VIDE NO.EB3-9444/2011 DATED 17.8.2011 AND IS PUBLISHED IN THE P.W.D. WEBSITE. P2: COPY OF I.D. CARD ISSUED BY THE 2ND RESPONDENT HAVING NO.130156 AND VALID UPTO 31.3.2012. RESPONDENTS' EXHIBITS:- NIL. ( TRUE COPY ) PA TO JUDGE. Kvs/- C.T. RAVIKUMAR, J. = = = = = = = = = = = = = = WP(C).Nos.22525 of 2011-M. = = = = = = = = = = = = = = Dated this the 19th August, 2011. J U D G M E N T The petitioner is presently working as Assistant Engineer in the Public Works Department in its Roads Section, North Paravoor. He joined the said station only on 2.1.2009. This writ petition has been filed challenging Ext.P1 order of transfer whereby the 2nd respondent transferred the petitioner from North Paravoor in Ernakulam District to N.H. Section, Kasargode. The contention of the petitioner is that he is left with only seven months to retire from service. Various other contentions are also raised to assail Ext.P1 order. In view of the order I propose to pass in this writ petition I do not consider it necessary to deal with such contentions on merits in this writ petition. Evidently, Ext.P1 order was issued by the Chief Engineer, PWD Administration, Thiruvananthapuram, the 2nd respondent. As against an order of transfer passed WP(C).Nos.22525/2011-M. 2 by the Head of a Department the transferee can raise grievances, if any, before the Government. In the said circumstances, this writ petition is disposed of granting liberty to the petitioner to move the Government raising claims, contentions as also the grievances against Ext.P1 though a proper representation. The petitioner may do so within a period of two weeks from the date of receipt of a copy of this judgment. In case the petitioner prefers such a representation within the above stipulated time, the first respondent shall consider the same and pass appropriate orders thereon, also taking into account the fact that the petitioner is due to retire from service on 31.3.2012. This shall be done expeditiously, at any rate, within a period of one month from the date of receipt of the representation being filed by the petitioner. Needless to say that before passing orders on such representation, the person/persons likely to be affected shall be put on notice. In case the petitioner has not been relieved pursuant to Ext.P1 order he WP(C).Nos.22525/2011-M. 3 shall be permitted to continue in the present station itself till an order is passed on such representation. The right to continue thereafter will depend upon the disposal of the said representation. C.T. RAVIKUMAR, (Judge) Kvs/-