IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29786 of 2008(U)
1. S.SATHIKUMAR, PEON,
... Petitioner
Vs
1. THE CHIEF EXECUTIVE,
... Respondent
2. THE STATE OF KERALA,
For Petitioner :SRI.M.V.THAMBAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :30/10/2006
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C).No.29786 of 2008 - U
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Dated this the 30th day of October, 2008.
J U D G M E N T
Heard Sri.M.V.Thampan, the learned counsel appearing for
the petitioner and Sri.Renil Anto Kandamkulathil, the learned
standing counsel appearing for the Kerala Headload Workers
Welfare Board.
2. The petitioner, a person with disability is employed as
Peon in the Kerala Headload Workers Welfare Board, hereinafter
referred to as the Board for short. While he was working as Peon
in the Sub Office of the Board at Nedumangad, action was taken
against him for financial irregularities which resulted in his
transfer to the Office of the Board at Thiruvananthapuram. Later
by Ext.P2 order passed on 12.5.2007 he was transferred to
Willington Island. Seeking a posting in Thiruvananthapuram
District, on the ground that he is a person with physical disability,
he moved a representation before the State Government with a
copy to the Chief Executive Officer of the Board. He thereafter
filed W.P.(C).No.15620 of 2007 in this Court. By Ext.P3
W.P.(C).No.29786 of 2008 – U 2
judgment delivered on 28.5.2007, this Court disposed of the writ
petition with a direction to the Chief Executive of the Board to
consider whether, having regard to the fact that the petitioner is
a low paid employee and a person with disability, he can be
posted in the southern part of Kerala as and when a vacancy
arises. Pursuant to the said direction, the petitioner was
transferred from Willington Island and posted in Karunagappally.
He thereafter moved the Chief Executive Officer of the Board by
submitting Ext.P4 representation dated 30.9.2008 pointing out
that in the Committee Office of the Board at
Thiruvananthapuram, a vacancy of Peon has arisen and sought
transfer to the said office. The said representation according to
the petitioner was forwarded by the Chairman of the Sub Office
at Karunagappally to the Chief Executive of the Board at
Ernakulam along with Ext.P5 letter dated 30.9.2008, wherein the
Chairman of the Sub Office had recommended the petitioner’s
request for transfer to Thiruvananthapuram. In this writ petition,
the petitioner prays for a direction to the first respondent to
transfer and post him at Thiruvananthapuram.
W.P.(C).No.29786 of 2008 – U 3
3. Sri.M.V.Thampan, the learned counsel appearing for
the petitioner submits that a vacancy of Peon has arisen in
Thiruvananthapuram Committee Office on 4.10.2008 and that the
said vacancy has not yet been filled up. The learned counsel for
the petitioner submits that having regard to the fact that the
petitioner is a low paid employee and a person with disability, he
is entitled to be posted in Thiruvananthapuram. Per contra,
Sri.Renil Anto Kandamkulathil, the learned standing counsel for
the Board submits that the petitioner who was found guilty of
financial irregularities while he was working at Nedumangad,
cannot seek or be granted transfer to Thiruvananthapuram.
4. Ext.P2 discloses that the petitioner was transferred out
of Nedumangad and posted at Thiruvananthapuram following the
complaint against him while he was working at Nedumangad.
The respondents have no case that while the petitioner was
working at Thiruvananthapuram, he was involved in any act of
misconduct. In such circumstances, as the petitioner is a low
paid employee and admittedly a person with disability, it is only
desirable that his request for a transfer and posting to
W.P.(C).No.29786 of 2008 – U 4
Thiruvananthapuram Committee Office is sympathetically
considered by the first respondent. The first respondent shall,
before the vacancy of Peon in the Office of the Board at
Thiruvananthapuram, which has arisen on 4.10.2008 is filled up,
consider the petitioner’s claim for a posting in the said vacancy, if
as on today, the said vacancy has not been filled up.
The writ petition is disposed of as above.
P.N.RAVINDRAN, JUDGE
bkn/-