Varijakshan C.T.R vs Kerala Water Authority
2021 Latest Caselaw 2577 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                   WP(C).No.825 OF 2021(C)


PETITIONER :-

            VARIJAKSHAN C.T.R.,
            METER READER, KERALA WATER AUTHORITY,
            PH SECTION MATHILAKAM, THRISSUR DISTRICT.

            BY ADVS.
            SRI.BRIJESH MOHAN
            SMT.RESMI G. NAIR

RESPONDENTS :-

      1     KERALA WATER AUTHORITY
            JALABHAVAN, THIRUVANANTHAPURAM - 695 033
            REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR

      2     THE DEPUTY CHIEF ENGINEER (GENERAL)
            KERALA WATER AUTHORITY, JALABHAVAN,
            THIRUVANANTHAPURAM - 695 033

      3     THE EXECUTIVE ENGINEER,
            KERALA WATER AUTHORITY, PUBLIC HEALTH DIVISION,
            IRINJALAKUDA - 680 121.

      4     THE ASSISTANT EXECUTIVE ENGINEER,
            P. H. SUB DIVISION, NATTIKA, THRISSUR - 680 001.

            BY ADV. SMT.MARY BENJEMIN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.825 OF 2021(C)

                                      -: 2 :-


                                  JUDGMENT

Dated this the 22nd day of January 2021

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 Ext-P5 and quash the same to the extent it transfers the petitioner from PH Section, Vatanappally, Thrissur District to PH Section Angamaly in Ernakulam District.

ii Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext-P10 and quash the same.

iii. Issue writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to permit the petitioner to continue at PH Section, Mathilakom or in the alternative grant posting to the petitioner in the existing vacancies at PH Section, Mala or PH Section, Guruvayoor."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondent Authority.

3. It is submitted that the petitioner is presently working as

Meter Reader at PH Section, Mathilakom. It is submitted that he had

been appointed in the year 2015 and he was working at PH Section,

Vatanappally. He was transferred from Vatanappally to Angamaly in

the general transfer. The petitioner had challenged the order of

transfer and this Court had directed the consideration of the

representation of the petitioner for continuance at Vatanappally. It is WP(C).No.825 OF 2021(C)

submitted that even thereafter, orders have been passed rejecting the

petitioner's request for accommodation at Vatanappally and

transferring him out to Angamaly. It is submitted by the learned

counsel for the petitioner that the orders of transfer are arbitrary,

illegal and vitiated by extraneous considerations and that the several

other persons who do not have any claim for accommodation in terms

of the guidelines have been accommodated at places of their choice,

while the request of the petitioner for continuance has been rejected.

It is submitted that pursuant to an interim order dated 12.1.2021, the

petitioner is continuing at the PH Section, Mathilakom. It is

submitted that the petitioner has pointed out vacancies in the PH

Section, Mala and the PH Section, Guruvayoor to which the petitioner

can be accommodated.

4. A detailed statement has been placed on record by the

respondents. It is stated that the petitioner has been continuing at

the PH Section, Vatanappally for more than three years and that his

request in the general transfer was for retention at the PH Section,

Vatanappally or for transfer to Section No.II, Thrissur or Section No.I,

Thrissur. It is submitted that since the petitioner was liable to be

transferred out on account of having completed three years of service

in the PH Section, Vatanappally and since there were no open

vacancies to accommodate the petitioner in Thrissur District, the WP(C).No.825 OF 2021(C)

petitioner was transferred out to Angamaly. It is stated at paragraphs

2 and 3 of the statement as follows :-

"2. It is also respectfully submitted that two persons who are natives of Thrissur District and working outside the District requested for a transfer to Trissur. Their legitimate claim necessarily have to be considered. In these circumstances retaining petitioner in the same district is denial of justice to those persons. One Pradeep Kumar who is a resident of Chettupuzha and now working at Thrithala had requested for a transfer to Trissur District. In his request he had submitted enclosing certificate to the effect that he is under cardiac medication in a hospital in Trissur and he was advised to avoid long journey. Now he has to travel 50 Kms daily leaving behind 2 major daughters, his aged mother and wife at home.

3. Again one Muhammed Basheer who is working as Meter Reader at Muvattupuzha and a native of Kodungalloor also asked for a suitable posting in Trissur district. He has to travel more than 70 Kms daily."

5. A reply affidavit has also been placed on record by the

petitioner. Extensive arguments have been raised with regard to the

relative convenience, the claim for transfer and the claim for

accommodation at Vatanappally or for being posted in any available

vacancy in Thrissur District.

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

opinion that it is for the respondents to take an appropriate decision

on the transfers of its employees, taking note of administrative

exigencies as well as the interest of the organisation and the WP(C).No.825 OF 2021(C)

employees. The challenge raised by the petitioner to the impugned

order cannot be considered favourably by this Court, in view of the

fact that transfer is an incidence of service and the petitioner cannot

choose the place of his posting. However, in view of the fact that the

petitioner has pointed out vacancies in Thrissur District itself, where

he can be accommodated including an open vacancy at Guruvayoor, it

is for the respondents to take an appropriate decision on such request

made by the petitioner.

In the above view of the matter, while repelling the

challenge to the orders of transfer, I direct the appropriate authority

in the respondents to consider the request of the petitioner for a

posting in any open vacancy available either in Mala or in Guruvayoor

or in any other vacant post of Meter Reader in the Thrissur District.

This writ petition is disposed of accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/22.1.2021 WP(C).No.825 OF 2021(C)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER NO.

KWA/JB/E.3/8234/2013 DATED 7-09-2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER TO THE POST OF METER READER.

EXHIBIT P2 TRUE COPY OF THE ORDER NO. E1-3027/14 DATED 22-11-

2017 ISSUED BY THE EXECUTIVE ENGINEER, PH DIVISION, KERALA WATER AUTHORITY, REGARDING THE PROBATION OF THE PETITIONER AS METER READER.

EXHIBIT P3 TRUE COPY OF THE RELEVANT EXTRACT OF THE PROCEEDINGS NO. 7003/E3/2020/KWA DATED 2-08-2020 ISSUED BY THE 2ND RESPONDENT RELATING TO THE DRAFT GENERAL TRANSFER LIST OF METER READERS FOR THE YEAR 2020-2021

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 3-08-2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE RELEVANT EXTRACT OF THE ORDER No.12655/2018/KWA DATED 5.10.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 6.10.2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE ORDER No.12655/E3/2018 KWA DATED 5.10.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE ORDER DATED 9.10.2020 IN W.P.

(C)No.21277/2020 OF THIS HON'BLE COURT.

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 20.10.2020 IN W.P.(C) No.21277/2020 OF THIS HON'BLE COURT.

EXHIBIT P10 TRUE COPY OF THE ORDER No.1275/E3/2020/KWA DATED 21.12.2020 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 22.12.2020 CLOSED W.P.(C)No.21277/2020 IF THIS HON'BLE COURT.

EXHIBIT P12 TRUE COPY OF THE VACANCY DETAILS OF STAFF IN RESPECT OF P.H.DIVISION VATANAPPALLY.

WP(C).No.825 OF 2021(C)

EXHIBIT P13 TRUE COPY OF THE QUESTIONNAIRE DATED 31.12.2020 FILED BEFORE THE PUBLIC INFORMATION OFFICER, KERALA WATER AUTHORITY.

EXHIBIT P14 TRUE COPY OF THE REPLY DATED 8.1.2021 ISSUED BY THE PUBLIC INFORMATION OFFICER, KERALA WATER AUTHORITY.

EXHIBIT P15 TRUE COPY OF THE REJECTED APPLICATION LIST OF THE GENERAL TRANSFER 2020-21 FOR METER READER.

//TRUE COPY//

P.A. TO JUDGE