Premkiran A.S vs The Kerala Water Authority
2021 Latest Caselaw 3937 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

  WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                  WP(C).No.25649 OF 2020(E)


PETITIONER :-

            PREMKIRAN A.S
            DIVISIONAL ACCOUNTS OFFICER,
            INTERNAL AUDIT WING, HEAD OFFICE,
            KERALA WATER AUTHORITY ,
            THIRUVANANTHAPURAM - 695 033.

            BY ADVS.
            SRI.P.C.SASIDHARAN
            SRI.K.S.ANIL

RESPONDENTS :-

      1     THE KERALA WATER AUTHORITY
            REPRESENTED BY ITS MANAGING DIRECTOR,
            JALABHAVAN, THIRUVANANTHAPURAM - 695 033.

      2     THE CHEIF ENGINEER, (HRD & GL),
            KERALA WATER AUTHORITY
            JALABHAVAN, THIRUVANANTHAPURAM - 695 033.

      3     SHYNE T.S.,
            DIVISIONAL ACCOUNTS OFFICER,
            STOCK VERIFICATION SUB DIVISION, NO.1.
            KERALA WATER AUTHORITY,
            THIRUVANANTHAPURAM - 695 033.

      4     GEORGE P.J.,
            DIVISIONAL ACCOUNTS OFFICER, SEWERAGE DIVISION,
            KERALA WATER AUTHORITY, PATTOOR,
            THIRUVANANTHAPURAM - 695 033.

            BY ADV. SMT.MARY BENJEMIN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.25649 OF 2020(E)

                                -: 2 :-


                             JUDGMENT

Dated this the 3rd day of February, 2021

This writ petition is filed challenging Ext.P8 order passed by the

respondents in pursuance to Ext.P7 judgment of this Court. The

contention raised by the learned counsel for the petitioner as against

Ext.P8 is that though Ext.P7 directed the consideration of the claim of

the petitioner with hearing to the petitioner as well as the other

affected persons, Ext.P8 order discloses that the petitioner was heard

on one day and the alleged affected parties, that is, respondents 3 and

4 were heard separately. Ext.P8 order has been passed stating that

the 4th respondent has a better claim than the petitioner for a posting

at Kollam and that in the second station opted by the petitioner, one

Sheela Kumari is already holding the post, who has not completed

three years. It is stated that the petitioner can be accommodated at

his third choice.

2. By Ext.P7 judgment, the direction was to consider the

representations preferred by the petitioner in the light of the transfer

guidelines and after hearing the petitioner as well as the affected

persons. The fact that the petitioner was heard on 20.10.2020 and

the affected persons were on 21.10.2020 is apparent from Ext.P8. In

the above view of the matter, I am of the opinion that there should be WP(C).No.25649 OF 2020(E)

a composite hearing conducted and the respective claims are liable to

be considered in accordance with law.

In the result, Ext.P8 is set aside. There will be a direction

to the respondents to consider the claim of the petitioner for transfer

in accordance with the guidelines, after hearing the petitioner as well

as respondents 3 and 4 through any appropriate means including by

video conferencing. Orders shall be passed within a period of three

weeks from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/3.2.2021 WP(C).No.25649 OF 2020(E)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CIRCULAR DATED 29.05.2020.

EXHIBIT P2 TRUE COPY OF THE OPTION SUBMITTED BY THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE NORMS AND GUIDE LINES ISSUED BY THE WATER AUTHORITY.

EXHIBIT P4 TRUE COPY OF THE DRAFT GENERAL TRANSFER LIST.

EXHIBIT P5 TRUE COPY OF THE OBJECTION PREFERRED BY THE PETITIONER DATED 12.08.2020.

EXHIBIT P6 TRUE COPY OF THE ADDITIONAL REPRESENTATION FLIED BY THE PETITIONER DATED 14.08.2020

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 07/10/2020 IN WPC NO. 20751/2020.

EXHIBIT P8 TRUE COPY OF THE ORDER DATED 05/11/2020

//TRUE COPY//

P.A. TO JUDGE