P.K.Kunahammed vs The State Of Kerala on 19 December, 2007

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Kerala High Court

P.K.Kunahammed vs The State Of Kerala on 19 December, 2007

Author: V.Giri

Bench: V.Giri

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 37680 of 2007(I)


1. P.K.KUNAHAMMED, S/O.POKKER HAJI,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. DIRECTOR OF URBAN AFFAIRS,

                For Petitioner  :SRI.N.SUBRAMANIAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :19/12/2007

 O R D E R
                              V. GIRI, J.
               -------------------------------------------
                   W.P.(C).NO.37680 OF 2007- I
              ---------------------------------------------
          Dated this the 19th day of December, 2007.

                              JUDGMENT

Petitioner is a handicapped person. He was appointed as Health Assistant Gr-II in the Kochi Corporation way back in 1976. Thereafter, he was in service in the Kozhikode Corporation, Irinjalakuda Municipality, Thiruvananthapuram Corporation, Kothamangalam Municipality, Kayamkulam Municipality, Vadakara Municipality and Muvattuppuzha Municipality as Health Assistant Gr-II and Gr-I. He was promoted as Health Supervisor on 22.10.2001 and in that capacity he served in Kayamkulam, Vadakara and Muvattupuzha Municipalities and Kozhikode Corporation.

2. Apprehending transfer to a distant place, the petitioner had approached this court in W.P.(C).No.16464/2006. Apparently, there was a submission made by the learned Government Pleader that there was no proposal then to transfer the petitioner. But a short while thereafter, he was transferred to Attingal. It was challenged in W.P.(C).No.20923/2006. The petitioner was directed WPC.NO.37680/2007 .

to approach the Government. The Government cancelled the transfer of the petitioner to Attingal and directed to post him in the next arising vacancy in Shornur Municipality. Accordingly, he has been functioning in Shornur since 2.12.2006. The petitioner is a permanent resident of Perambra in Kozhikode. Even the daily travel to Shornur causes him serious difficulties on account of his physical disability. He has, therefore, sought for a posting in Kozhikode. In Exts.P11 and P12, it is pointed out that a vacancy is scheduled to arise in Vadakara Municipality on 1.1.2008 .

3. Taking note of the petitioner's physical disability and also taking note of the fact that since 1976 he has served in several Municipalities notwithstanding his physical disability and also the fact that the petitioner has only two years and five months to retire, the petitioner's request for a posting nearer to his place of residence requires sympathetic consideration.

In the circumstances, the writ petition is disposed of directing the 1st respondent to look into Exts.P11 and P12 and take a decision thereon at the earliest and at any rate before the existing vacancy in Vadakara municipality is filled up.

V. GIRI, JUDGE.

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