NELSON M VARGHESE Vs. CHIEF ENGINEER

JUDGEMENT

(1.) The petitioner is a Senior Assistant in the service of the Kerala State Electricity Board, who has been promoted as Senior Superintendent. On such promotion, the petitioner has been posted from the Regional Stores, Aluva, to the Electrical Section Office, Sulthan Bathery, in Wynad District. The petitioner has produced medical records to show that the petitioner is suffering from collapsed right kidney, partial functioning of the other kidney and consequent fatty liver, asthma and hypertension. He submits that he is under constant observation and continued treatment of nephrology in the Medical Trust Hospital, Ernakulam. Therefore, unless he gets a posting in a place from where he can readily have access to immediate expert medical treatment, his life itself may be in danger. The petitioner, therefore, seeks a direction to the 1st respondent to accommodate the petitioner in any place in Ernakulam or Thrissur Districts.

(2.) On 22.9.2010, I passed the following order:

(3.) The learned standing counsel, on instructions, submits that there are vacancies at Perumbavoor, Irinjalakuda and Thrissur. But, as per the general norms adopted by the Board, those vacancies are to be filled up by lady employees and at present, there are ten lady employees whose promotions have been withheld, who have to be accommodated in those four vacancies available. The counsel for the petitioner points out that, as is evident from Ext.P13 order of promotion, Serial No.57, Smt.Rajalekshi.T. has been accommodated at Electrical Section Kombodinjamakkal, who retires tomorrow and therefore the petitioner can be accommodated in that vacancy on 1.10.2010. This is also objected to by the learned standing counsel for the Electricity Board on the ground that that vacancy is to be filled up by accommodating a lady employee. I am of opinion that in view of the pathetic medical condition of the petitioner, he can be accommodated in that vacancy arising on 1.10.2010 on the retirement of Smt.Rajalekshmi.T. Serial No.57 in Ext.P13. Accordingly, I direct the respondents to pass orders accommodating the petitioner in that vacancy within one week from the date of receipt of a copy of this judgment. The writ petition is disposed of as above.