IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 16429 OF 2022
PETITIONER:
JITHESH .K.,
AGED 32 YEARS
ASSISTANT GR-II, FL 01-14003, KERALA STATE BEVERAGES
(MANUFACTURING AND MARKETING CORPORATION) LTD,
PERALUDUKKA, KASARAGODE, (AGED 32 YEARS, S/O
BALANARAYANAN, NARAYANA NILAYAM, CHERPLASSERI
OTTAPALAM, PALAKKAD DISTRICT, PIN-679 303.
BY ADVS.
P.SAMSUDIN
M.ANUROOP
LIRA A.B.
RESPONDENTS:
1 THE KERALA STATE BEVERAGES (MANUFACTURING AND
MARKETING) CORPORATION LTD.,
REPRESENTED BY ITS MANAGING DIRECTOR, BEVCO TOWER,
VIKAS BHAVAN, PALAYAM PO, THIRUVANANTHAPURAM, PIN-695
033.
2 MANAGING DIRECTOR,
THE KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING
CORPORATION) LTD, BEVCO TOWER, VIKAS BHAVAN, PALAYAM
PO, THIRUVANANTHAPURAM, PIN-695 033.
3 WARE HOUSE MANAGER,
BEVCO WARE HOUSE BATTATHUR, BATTATHUR P.O., KASARGODE
DISTRICT, PIN- 671 532.
BY SRI.T.NAVEEN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.16429 OF 2022
2
JUDGMENT
Dated this the 24th day of June, 2022 This writ petition is filed seeking the following reliefs:
"i) issue a writ of certiorari or any other appropriate writ order or direction, calling for the records leading to Exbt-P7 order issued by the 2 nd respondent and quash the same
ii) issue a writ of mandamus or any other appropriate writ order or direction, directing the respondents to post the petitioner against any vacancies of Assistant Gr-ll either in Malappuram or in Palakkad District
iii) issue a writ of mandamus or any other appropriate writ order or direction, directing the 2nd respondent to consider Exbt-P8 representation and pass favourable orders expeditiously."
2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for respondents.
3. It is submitted by the learned counsel for W.P.(C)No.16429 OF 2022 3 the petitioner that the petitioner has been repeatedly transferred and the ailments and the difficulty faced by the petitioner have not been considered, while transferring the petitioner. It is submitted that Exhibit P8 representation has been filed by the petitioner before the 2 nd respondent and the same is liable to be considered at the earliest, in view of the facts stated therein.
Having considered the contentions advanced and having heard the learned Standing Counsel also, there will be a direction to the 2 nd respondent to take up Exhibit P8 representation submitted by the petitioner and to consider and pass orders on the same, after considering the materials, if any, to be produced by the petitioner also within a period of three weeks from the date of receipt of a copy of this judgment. The petitioner may produce a copy of this judgment W.P.(C)No.16429 OF 2022 4 along with any material that he wishes to rely on, before the 2nd respondent, for compliance.
Sd/-
ANU SIVARAMAN JUDGE SSK/24/06 W.P.(C)No.16429 OF 2022 5 APPENDIX PETITIONER'S EXHIBITS:
TRUE COPY OF THE ORDER NO. Exhibit P1
17148/AE3(C)/2021/KSBC DATED 01-11-2021 . TRUE COPY OF THE COPY OF THE POSTING ORDER Exhibit P2 ISSUED BY THE MANAGER, BATTATHUR WARE HOUSE DATED 02-02-2022.
TRUE COPY OF THE OF THE WRITTEN STATEMENT OF Exhibit P3 DEFENSE SUBMITTED BY THE PETITIONER BEFORE THE REGIONAL WARE HOUSE MANGER DATED 14-03-2022. TRUE COPY OF MEDICAL CERTIFICATE OF THE MOTHER Exhibit P4 OF THE PETITIONER.
TRUE COPY OF THE MEDICAL CERTIFICATE OF THE Exhibit P5 PETITIONER.
TRUE COPY OF THE REPRESENTATION DATED 16-02- Exhibit P6 2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
TRUE COPY OF THE TRANSFER ORDER DATED 26-04- Exhibit P7 2022 ISSUED BY THE 2ND RESPONDENT. TRUE COPY OF THE REPRESENTATION DATED 15-05- Exhibit P8 2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
SSK //TRUE COPY// PA TO JUDGE