K.R.Sreeshan Pillai vs Kerala State Beverages ...
2021 Latest Caselaw 4681 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                       WP(C).No.3074 OF 2021(H)


PETITIONER:

               K.R.SREESHAN PILLAI
               AGED 58 YEARS
               S/O.RAGHAVAN PILLAI, KOONANIYIL (H),
               VELLIAPPALLY P.O., PALA-686574.

               BY ADVS.
               SRI.VIJU ABRAHAM
               SRI.ALBERT V.JOHN
               SMT.VARNA MANOJ

RESPONDENTS:

      1        KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING)
               CORPORATION LTD.,
               BEVCO TOWER, VIKAS BAVAN P.O., PALAYAM,
               THIRUVANANTHAPURAM-695033,
               REPRESENTED BY ITS MANAGING DIRECTOR.

      2        WAREHOUSE MANAGER,
               KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING)
               CORPORATION LTD., AYARKUNNAM-686564).



               T NAVEEN SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3074 OF 2021(H)

                                      2




                                JUDGMENT

Dated this the 9th day of February 2021

This writ petition is filed seeking the following relief:

"a writ of certiorari or other appropriate writ or order quashing Exhibit P4 order as arbitrary and unjust."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondent-

Corporation.

3. It is submitted by the learned counsel for the petitioner that

Ext.P4 order of transfer has been issued to the petitioner on

30.01.2021 and the petitioner has been transferred from Paika to

Aluva. It is submitted that the petitioner is only an Abkari worker

and even if the facts stated in Ext.P4 which is in the nature of a

punitive order is accepted in full, there are vacancies available

nearby to accommodate the petitioner, who has serious health

issues as is evident from Ext.P1 to P3. It is further submitted by the

learned counsel for the petitioner that there is absolutely no

necessity to transfer out the petitioner and that the order is vitiated WP(C).No.3074 OF 2021(H)

by mala fides. It is further submitted that Ext.P7 representation has

been moved before the 1st respondent pointing out the factual

aspects of the matter as also pointing out vacancies available in

Kottayam District and seeking accommodation in one of the

available vacancies.

4. Having considered the contentions advanced, I am of the

opinion that the request made by the petitioner either for setting

aside the order of transfer or at least for accommodating the

petitioner at a more convenient place of posting is liable to be

considered by the 1st respondent in accordance with law. It is also

evident from the records produced that the petitioner is facing

health issues and since the petitioner has only two years to retire

from service, the request for a convenient posting is liable to be

considered sympathetically by the 1st respondent.

In the above view of the matter, there will be a direction to

the 1st respondent to take up, consider and pass orders on Ext.P7

representation preferred by the petitioner after considering the

specific contentions raised therein as also considering the request

of the petitioner in the light of the fact that he is undergoing health WP(C).No.3074 OF 2021(H)

issues and is due to retire shortly. Appropriate orders shall be

passed on Ext.P7 within a period of two weeks from the date of

receipt of a copy of this judgment. Petitioner shall produce a copy of

this writ petition along with a copy of Ext.P7 before the 1 st

respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.3074 OF 2021(H)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 17.10.2011 ISSUED BY THE DEPARTMENT OF INTERNAL MEDICINE GOVERNMENT GENERAL HOSPITAL, PALAI.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE DATED 13.8.2020 ISSUED BY THE ASSISTANT SURGEON, PRIMARY HEALTH CENTRE, MEENACHIL.

EXHIBIT P3 TRUE COPY OF THE CARD ISSUED BY THE INSULIN CENTRE, PALAI.

EXHIBIT P4 TRUE COPY OF THE TRANSFER ORDER DATED 30.1.2021 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE WRITTEN STATEMENT DATED 7.11.2020 GIVEN BY THE PETITIONER.

EXHIBIT P6 TRUE TYPED COPY OF THE COMPLAINT DATED 28.4.2020 MADE BY THE PETITIONER.