IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 WP(C).No. 31764 of 2011(U) --------------------------------- PETITIONER(S): -------------------- M.KRISHNAN UNNI, ATTENDER, KERALA HEALTH RESEARCH AND WELFARE SOCIETY, DISTRICT HOSPITAL, PALAKKAD. BY ADV. SRI.K.P.RAJEEVAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. PIN-695 001. 2. KERALA HEALTH RESEARCH AND WELFARE SOCIETY, REPRESENTED BY ITS MANAGING DIRECTOR, GENERAL HOSPITAL CAMPUS, RED CROSS ROAD, THIRUVANANTHAPURAM. PIN-695 035. 3. REGIONAL MANAGER, KERALA HEALTH RESEARCH AND WELFARE SOCIETY, MEDICAL COLLEGE CAMPUS, KOZHIKODU. 4. SUPERINTENDENT, DISTRICT HOSPITAL, PALAKKAD. ADV. SRI.M.AJAY,SC,KERALA HEALTH RESEARCH&WE FOR R2,3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JM APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1- A TRUE COPY OF ORDER DATED 21.11.2011 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2- TRUE COPY OF DISCHARGE SUMMERY DATED 24.6.2011. EXHIBIT P2A-TRUE COPY OF DISCHARGE SUMMERY DATED 5.11.2011. EXHIBIT P3- A TRUE COPY OF CERTIFICATE DATED 26.11.2011 ISSUED BY THE MEDICAL CONSULTANT, DISTRICT HOSPITAL, PALAKKAD. RESPONDENTS' EXHIBITS : NIL \\TRUE COPY\\ PA TO JUDGE JM K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.31764 of 2011 --------------------------------------------- Dated this the 29th day of November 2011 JUDGMENT The petitioner who is working as an Attender in the Kerala Health Research and Welfare Society ('KHRWS' for short), District Hospital, Palakkad, has filed this writ petition challenging Ext.P1 transfer order by which he has been transferred and posted to the Regional Office at Thrissur. According to the petitioner, he came to his present posting place, Palakkad only on 25.4.2009. Since he is a last grade employee, it is contended that he is not liable to be transferred from his native district. His family consists of his wife, two children and his mother who is aged 84 years. The petitioner relies on Exts.P2, P2(a) and P3 medical records to contend that his mother requires his constant care and attention at home. Since no other person has been posted in his place at Palakkad, the petitioner requests that he may be retained at the said place. It is further pointed out that there is no post of WPC No.31764 of 2011 2 Attender at the Regional Office, Thrissur and therefore, his transfer to the said place is absolutely uncalled for. The petitioner also alleges that his transfer is vitiated by malafides and is motivated by political rivalry, he being the District Secretary of KHRWS Employees Federation, which is a union having connection with the CITU. The petitioner, therefore, seeks the issue of appropriate directions quashing Ext.P1. 2. Adv.M.Ajay who appears for the second and third respondents submits that the KHRWS is a Society that is facing considerable financial constraints. As per the orders of this Court, they have been directed not to recruit any new temporary staff. Therefore, they are managing to discharge their functions by deploying their existing staff to the offices to which such additional staff is required. They do not have any set staff pattern and attenders are interchanged and posted as Peons. According to the counsel for the second respondent, the service of additional staff is required at the Regional Office, Thrissur. Since the petitioner has been complaining of his personal problems, the counsel offers WPC No.31764 of 2011 3 that the case of the petitioner shall be considered provided, he makes a proper representation to the second respondent, which he has not done, so far. 3. Having considered the rival contentions anxiously, I am satisfied that this writ petition can be disposed of directing the petitioner to submit a representation setting out his grievances in detail before the Managing Director of the second respondent within a week of receipt of a copy of this judgment. If such a representation is made, the Managing Director shall consider the grievances of the petitioner and shall pass appropriate orders thereon, in accordance with law, as expeditiously as possible and at any rate within one week of receipt of such representation. sd/- K.SURENDRA MOHAN, JUDGE css/ true copy P.S.TO JUDGE