High Court Kerala High Court

Francis M.A. vs State Of Kerala on 2 January, 2008

Kerala High Court
Francis M.A. vs State Of Kerala on 2 January, 2008
       

  

  

 
 
  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.

                             -------------------------

                        W.P ( C) No.   49  of 2008

                             --------------------------

                   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