Archana K vs Kerala Water Authority
2021 Latest Caselaw 3081 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

                       WP(C).No.2252 OF 2021(F)


PETITIONER:

               ARCHANA K
               AGED 44 YEARS
               ASSISTANT EXECUTIVE ENGINEER, PROJECT DIVISION,
               KERALA WATER AUTHORITY, KOLLAM.

               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        KERALA WATER AUTHORITY
               REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN,
               VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033.

      2        THE CHIEF ENGINEER (HRD AND GL)
               KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM,
               THIRUVANANTHAPURAM-695 033.

               SMT.MARY BENJAMIN, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2252 OF 2021

                                        2



                                 JUDGMENT

This writ petition is filed seeking the following reliefs :-

"i) to issue a Writ of Mandamus or order or direction to the 2nd respondent to consider the claim of the petitioner for a transfer to Valakam Sub Division, Kollam District in the next arising vacancy due to the retirement of the present incumbent on 31-01-2021;

ii) to issue a Writ of Mandamus or order or direction to the 2nd respondent to consider and pass appropriate orders on Ext.P6 representation as expeditiously as possible and at any rate before filling the vacancy that is arising on 31-01-2021 at Valakam Sub Division in Kollam District"

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 been transferred three times in 1 ½ years and

that the present transfer is from Kollam to Choondy in Ernakulam

district. It is stated that the petitioner has submitted Ext.P6

representation before the Chief Engineer and seeks a consideration of

the same, taking note of the fact that the petitioner has been

subjected to frequent transfers. It is further submitted that the

petitioner has pointed out a vacancy arising on 01.02.2021 and seeks WP(C).No.2252 OF 2021

an accommodation against the same.

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

opinion that it is for the competent officer in the 1 st respondent to

take an appropriate decision on the request made by the petitioner

for accommodation in a vacancy which is arising on 01.02.2021.

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

the 2nd respondent to take up, consider and pass orders on Ext.P6

representation preferred by the petitioner. The specific contention

that the petitioner had been subjected to frequent transfers and that

there is an open vacancy arising on 01.02.2021 shall be considered by

the 2nd respondent and a speaking order shall be rendered 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 NP WP(C).No.2252 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE TRANSFER ORDER ISSUED BY THE 2ND RESPONDENT DATED 27.7.2019.

EXHIBIT P2 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 23.7.2020.

EXHIBIT P3 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 23.1.2021.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 13.1.2021 ISSUED BY THE IST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 16.1.2021.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 25.1.2021.

EXHIBIT P7 TRUE COPY OF THE DETAILS OF THE EMAIL FORWARDING EXT.P6 TO THE 2ND RESPONDENT DATED 25.1.2021.

RESPONDENT'S/S EXHIBITS: NIL