GEETHA.S.S Vs. CHAIRMAN AND MANAGING DIRECTOR

JUDGEMENT

(1.) Petitioner, who is a Sub Engineer working in the Electrical Section, Vellayambalam, Thiruvananthapuram is aggrieved by Ext.P4 order by which she is transferred and posted at Desamangalam and also by the order Ext.P13 rejecting her appeal.

(2.) Petitioner's case is that she is suffering from serious ailments and has been under continuous treatment with heavy dosage of medicine, which has badly affected her mobility and she is on medical advice not to undertake any travel. Producing Ext.P2 medical certificate, Ext.P1 scan report and Ext.P3 guidelines, petitioner claims that she is entitled to get protection from transfer. Petitioner had submitted an appeal against Ext.P4 order of transfer which was issued on 31.05.2018. Apart from that she had also submitted Ext.P6 representation, requesting for protection and retaining her in the same office. Challenging Ext.P4 order, she had approached this Court in W.P.(C).No.21919 of 2018 which was disposed of by Ext.P10 judgment directing the grievance redressal committee to consider her appeal, simultaneously directing that she shall be allowed to continue in the station at Vellayambalam, Thiruvananthapuram. However the Grievance Redressal Committee rejected her appeal, as per Ext.P13 order issued on 09.07.2018. Petitioner challenges the order pointing out that there are vacancies against which she can be accommodated and those who were transferred to her vacancy have already been given posting in other stations. She also alleges that subsequent orders posting other Sub Engineers in her place is to deny her protection from transfer as there are vacancies available in the district to accommodate them.

(3.) Having considered the pleadings and contentions it is seen that petitioner has been continuing at Thiruvananthapuram from 10.12.2002 onwards, as found in Ext.P13, by the Grievance Redressal Committee and not disputed by petitioner. In Ext.P13, it is stated that when there is a valid request from another employee for a posting to a station and there are no open vacancies, persons who are continuing for more than 3 years have to be transferred out. It is further stated that in the online transfer 2018, all the Sub Engineers, who have continuous service up to 02.07.2008 in Thiruvananthapuram geographical area were transferred out from their domicile District. In these circumstances, the petitioner who had entered service on 10.12.2002 was also transferred out from the District. Grievance Redressal Committee has also considered the claim of petitioner for protection based on the medical certificate produced by her and it is stated that as the percentage of disability is not mentioned in the certificate the Committee after detailed verification of the certificates found that the disability is mild and hence rejected her claim for protection from transfer. It is stated that the transfer has been effected strictly in compliance with the guidelines in order to ensure equitable distribution.