Nishad K.R vs The Managing Director
2021 Latest Caselaw 5252 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942

                   WP(C).No.3754 OF 2021(T)


PETITIONER :-

            NISHAD K.R.,
            ASSISTANT ENGINEER, KERALA WATER AUTHORITY,
            STATE REFERRAL INSTITUTE, NETTOOR, ERNAKULAM.

            BY ADVS.
            DR.K.P.SATHEESAN (SR.)
            SRI.P.MOHANDAS (ERNAKULAM)
            SRI.K.SUDHINKUMAR
            SRI.S.K.ADHITHYAN
            SRI.SABU PULLAN
            SRI.GOKUL D. SUDHAKARAN

RESPONDENTS :-

      1     THE MANAGING DIRECTOR
            KERALA WATER AUTHORITY, JALA BHAVAN,
            THIRUVANANTHAPURAM - 695 033.

      2     THE CHIEF ENGINEER (H.R.D. AND GENERAL),
            KERALA WATER AUTHORITY, JALA BHAVAN,
            THIRUVANANTHAPURAM - 695 033.

      3     THE DEPUTY CHIEF ENGINEER (GENERAL),
            KERALA WATER AUTHORITY, JALA BHAVAN,
            THIRUVANANTHAPURAM - 695 033.

            BY SMT.MARY BENJAMIN, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.3754 OF 2021(T)

                                      -: 2 :-


                                  JUDGMENT

Dated this the 12th day of February, 2021

This writ petition is filed seeking the following reliefs :-

"(i) to issue a Writ of Certiorari or such other appropriate writ, order or direction quashing Ext.P6 order No.4566/E2(A)/ 2020/KWA dated 2-11-2020 issued by the 3 rd respondent to the extent of transferring the petitioner from Kochi to Alappuzha as it is arbitrary, illegal and void.

(ii) to issue a Writ of Mandamus or order or direction to the 1 st respondent to consider and pass appropriate orders on Ext.P7 appeal as expeditiously as possible and at any rate within a time limit that may be fixed by this Hon'ble Court.

(iii) to issue a Writ of Mandamus or order or direction to the 3 rd respondent not to relieve the petitioner from State Referral Institute, Nettoor until a decision is taken by the 1 st respondent on Ext.P7 appeal."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondents.

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

that the petitioner has suffered quite a few transfers in the past four

years and that he was posted at State Referral Institute, Nettoor and

was continuing there since 20.9.2020. It is submitted that while so,

Ext.P6 order has been issued transferring the petitioner to Alappuzha.

It is submitted that though the order was dated 2.11.2020, the same

has not been implemented. The petitioner has approached the 1 st WP(C).No.3754 OF 2021(T)

respondent with Ext.P7 representation and seeks a consideration of

the same.

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 with specific reference to

the transfer guidelines and to consider the grievance of the petitioner.

Orders shall be passed within a period of one month from the date of

receipt of a copy of this judgment. In case, the petitioner has not

been relieved from the place of his present posting, the said situation

shall continue till orders are passed as directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/16.2.2021 WP(C).No.3754 OF 2021(T)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER ISSUED BY THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PH DIVISION, THODUPUZHA DATED 21.11.2016.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE ORDER ISSUED BY THE 3RD RESPONDNET DATED 25.07.2017.

EXHIBIT P3 TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 16.11.2018.

EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 20.07.2019.

EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGE OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 20.09.2020.

EXHIBIT P6 TRUE COPY OF THE ORDER NO.4566/E2(A)/2020/KWA DATED 02.11.2020 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 03.11.2020.

//TRUE COPY//

P.A. TO JUDGE