Shiji C.R. vs Vegetable And Fruit Promotion ...
2021 Latest Caselaw 3663 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                    WP(C).No.78 OF 2021(H)


PETITIONER :-

            SHIJI C.R., AGED 44 YEARS
            S/O.RAJAPPAN, OMEPARAMBIL HOUSE,
            VYTTILA-THAMMANAM ROAD, COCHIN - 682 019,
            AT PRESENT WORKING AS DRIVER GRADE II,
            V.F.P.C.K (VEGETABLE AND FRUIT PROMOTION COUNCIL,
            KERALAM), IDUKKI DISTRICT.

            BY ADVS.
            SRI.BABU CHERUKARA
            SRI.K.K.JAYARAJ (KALLUTHARA)

RESPONDENTS :-

      1     VEGETABLE AND FRUIT PROMOTION COUNCIL (KERALAM),
            MYTHRI BHAVAN, NEAR DOORADARSAN KENDRA,
            KAKKANADU, ERNAKULAM DISTRICT - 682 037,
            REPRESENTED BY THE CHIEF EXECUTIVE OFFICER.

      2     THE CHIEF EXECUTIVE OFFICER,
            VEGETABLE AND FRUIT PROMOTION COUNCIL (KERALAM),
            (VFPCK), MYTHRI BHAVAN, NEAR DOORADARSAN KENDRA,
            KAKKANADU, ERNAKULAM DISTRICT - 682 037.

      3     NIJAS M.J.,
            DRIVER, VFPCK, BUILDING NO.525, GROUND FLOOR,
            KANIYAMPETTA, KAMBALAKKAD P.O., MANANTHAVADY,
            WAYANAD DISTRICT - 673 121, NOW AT
            VEGETABLE AND FRUIT PROMOTION COUNCIL (KERALAM),
            (VFPCK), KRISHI BUSINESS KENDRA,
            NEAR DOORADARSAN KENDRA, KAKKANADU,
            ERNAKULAM DISTRICT - 682 037.

            BY ADV. SRI.MAJNU KOMATH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.78 OF 2021(H)

                                      -: 2 :-


                                  JUDGMENT

Dated this the 2nd day of February, 2021

This writ petition is filed seeking the following reliefs :-

"(a) Call for the records leading to Exhibit P13 transfer order and on issuing a writ of certiorari or any other appropriate writ or order to quash the same to the extent the same orders for the transfer of the petitioner from Idukki to Kozhikkode.

(b) Call for the records leading to Exhibit P13 transfer order and on issuing a writ of certiorari or any other appropriate writ or order to quash the same to the extent the same orders for the transfer of the 3rd respondent from Wayanad to Ernakulam, if the same found to be a barrier for the immediate transfer of the petitioner from Idukki to Ernakulam.

(c) Issue a Writ of mandamus or any other appropriate writ or order directing the respondents 1 & 2 to provide immediate transfer of the petitioner from Idukki to Ernakulam."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondents.

3. Extensive pleadings have been placed on record with

regard to the claim of the petitioner for accommodation as driver in

Ernakulam District.

4. A detailed statement has been placed on record by

respondents 1 and 2, wherein it is specifically contended that there

was no vacancy available at Ernakulam to accommodate the

petitioner. It is submitted that no steps have been taken to transfer

any driver to Ernakulam and that the petitioner's claim for WP(C).No.78 OF 2021(H)

appointment at Kodakara can be considered by transferring out the

incumbent at Kodakara.

5. The petitioner has filed a reply affidavit stating that there

are vacancies at Ernakulam.

Having considered the contentions advanced, I am of the

opinion that it is for the respondents to take appropriate steps with

regard to transfer of their personnel. In view of the specific

contentions raised, there will be a direction to the respondents to

accommodate the petitioner at Kodakara as stated in paragraph 8 of

the statement filed on behalf of respondents 1 and 2. In case any

vacancy of driver arises in Ernakulam, the petitioner's claim for

transfer to Ernakulam shall be considered along with the claims, if

any, raised by any other employees for transfer.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/5.2.2021 WP(C).No.78 OF 2021(H)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NO. VFPCK/06/HR/TRANSFER AND POSTING DATED 13/07/2015 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF JUDGMENT IN WPC NO.20579/2015 DATED 17/08/2015 OF THE HIGH COURT OF KERALA.

EXHIBIT P3 TRUE COPY OF REQUEST DATED 19/11/2015 GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE DISCHARGE SUMMARY DATED 15/06/2018 ISSUED FROM INDIRA GANDHI CO-OPERATIVE HOSPITAL GANDHI NAGAR, COCHIN-20.

EXHIBIT P5 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.

C.K. BALAN, MEDICAL SUPERINTENDENT AND CHIEF PHYSICIAN INDIRA GANDHI CO-OPERATIVE HOSPITAL GANDHI NAGAR, COCHIN-20 DATED 25/06/2018.

EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 03/07/2018 FOR TRANSFER WITH A SPECIAL REQUEST DATED 03/07/2018.

EXHIBIT P7 TRUE COPY OF THE APPLICATION FOR GENERAL TRANSFER WITH SPECIAL REQUEST SUBMITTED BY THE PETITIONER DATED 15/05/2019.

EXHIBIT P8 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.

C.K. BALAN, MEDICAL SUPERINTENDENT AND CHIEF PHYSICIAN INDIRA GANDHI CO-OPERATIVE HOSPITAL GANDHI NAGAR, COCHIN-20 DATED 08/08/2020.

EXHIBIT P9 TRUE COPY OF THE RELEVANT PORTION OF THE TRANSFER RULES OF STAFF REGULATION OF VFPCK.

EXHIBIT P10 TRUE COPY OF JUDGMENT IN WPC NO.16592/2020 DATED 17/08/2020 OF THE HIGH COURT OF KERALA.

EXHIBIT P11 TRUE COPY OF THE COVERING LETTER DATED 11/11/2020 BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 16/11/2020.

EXHIBIT P13 TRUE COPY OF THE TRANSFER ORDER DATED 29/12/2020 ISSUED BY THE 2ND RESPONDENT.

WP(C).No.78 OF 2021(H)

EXHIBIT P14 TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT DATED 30/12/2020.

EXHIBIT P15 TRUE COPY OF THE MEDICAL PRESCRIPTION DATED 12/12/2020 AND 20/12/2020.

EXHIBIT P16 PROVISIONAL SENIORITY LIST OF DRIVERS IN VFPCK DATED 31/08/2018.

EXHIBIT P17 TRUE COPY OF THE RELEVANT PART OF THE STAFF STRENGTH APPROVED BY THE DIRECTOR BOARD IN THIER MEETING DATED 11.8.2010

EXHIBIT P18 TRUE COPY OF THE CHART WITH VEHICLE ALLOTMNT DONEY V.F.P.C.K

//TRUE COPY//

P.A. TO JUDGE