IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 49 of 2008(E)
1. FRANCIS M.A., S/O.ANTONY MOLTHAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. DIRECTOR, SOCIAL WELFARE DEPARTMENT,
3. DISTRICT SOCIAL WELFARE OFFICER,
4. SUPERINTENDENT, GOVERNMENT OLD AGE
For Petitioner :SRI.M.R.HARIRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :02/01/2008
O R D E R
V.GIRI,J.
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W.P ( C) No. 49 of 2008
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Dated this the 2nd January, 2008
J U D G M E N T
The petitioner is an Attender in the Government Old Age
Home . According to him, he is physically disabled. He
contends that on allegations which may not be well-conceived,
he has been subjected to an order of transfer from Ernakulam to
Kannur, as evidenced by Exhibit P1. Learned counsel for the
petitioner submits that there was no enquiry prior to the
tentative finding entered into by the 2nd respondent in Exhibit P1
as regards the conduct of the petitioner. The petitioner is
therefore aggrieved by the said aspect contained in Exhibit P1.
Petitioner has filed a detailed representation Exhibit P2 before
the Director of Social Welfare seeking a variation of the same.
In my view, at this stage, the only direction that could be
issued is to consider Exhibit P2 after hearing the petitioner and
take a decision thereon taking note of the physical disability of
the petitioner, as early as possible. The petitioner’s request for a
posting nearer to Ernakulam District may also be considered.
W.P ( C) No. 49 of 2008
2
After having heard the learned Government Pleader also,
this writ petition is disposed of directing the 2nd respondent to
look into Exhibit P2 and after hearing the petitioner, take a
decision thereon, within six weeks from the date of receipt of a
copy of this judgment.
(V.GIRI, JUDGE)
ma
W.P ( C) No. 49 of 2008
3
K.THANKAPPAN,J
CRL.A. NO.92 OF 1999
ORDER
25th May, 2007