Ambili Madhavan, Upper Division Clerk vs District Collector, Civil Station and Others

S. Siri Jagan, J.—The Petitioner is an Upper Division Clerk working in the Kanayannur Taluk office. She has now been transferred to the office of the National Savings, Kakkanad, which office is located in the civil station. The Petitioner submits that although she got married in 2006, she has no children and, therefore, she is undergoing treatment for infertility. According to the Petitioner, this is a very sensitive treatment and during the period of treatment, the Petitioner is not expected to undergo any physical strain, which will adversely affect the success of the treatment. In fact, the Petitioner would contend that, during the earlier course of treatment, suddenly the Petitioner suffered a viral infection and as a result, the course had to be abandoned which has now been restarted. The Petitioner submits that the office of the National Savings is in the fifth floor of the civil station and if she is posted there, she will have to climb stairs every day at least twice, which would seriously result in physical strain and adversely affect the treatment. The Petitioner, therefore, wants to be retained at the Kanayannur Taluk office until the treatment period is over, which period the Petitioner estimates at six months. The Petitioner has, therefore, filed Ext.P3 representation before the 1st Respondent. The Petitioner seeks a direction to the 1st Respondent to consider the same.

I have heard the learned Government Pleader also.

I am of opinion that since to have off springs is the cherished hope of every married couple, it is only appropriate that the 1st Respondent considers Ext.P3 as sympathetically as possible. In the above circumstances, I dispose of this writ petition with a direction to the 1st Respondent to consider and pass orders on Ext.P3 considering the above observation, as expeditiously and as sympathetically as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Till orders are passed on Ext.P3, the Petitioner shall be retained at Taluk Office, Kanayannur.