Firoz Shah.A vs Kerala State Financial ...
2021 Latest Caselaw 794 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                        WP(C).No.24272 OF 2020(H)


PETITIONER:

               FIROZ SHAH.A
               AGED 39 YEARS
               S/O. ABDUL AZEEZ, THOPPIL HOUSE, ASHTAMUDI P O,
               THRIKKARUVA, KOLLAM DISTRICT, PIN - 691602.

               BY ADVS.
               SRI.PEEYUS A.KOTTAM
               SHRI. HRITHWIK D. NAMBOOTHIRI
               SHRI.ARJUN S BENEDICT

RESPONDENTS:

      1        KERALA STATE FINANCIAL ENTERPRISES LIMITED
               BHADRATHA, MUSEUM ROAD, P.B.NO.510,THRISSUR - 680020,
               REPRESENTED BY ITS MANAGING DIRECTOR.

      2        THE MANAGER,
               KERALA STATE FINANCIAL ENTERPRISES LIMITED,
               PRAKULAM BRANCH, GROUND FLOOR, CHIRAYIL BUILDING,
               KANJIRAMKUZHI, INCHAVILA P.O, KOLLAM, PIN - 691601.

      3        CHIPPY A
               AGED 35 YEARS
               JUNIOR ASSISTANT,
               KERALA STATE FINANCIAL ENTERPRISES LIMITED,
               PRAKULAM BRANCH, GROUND FLOOR, CHIRAYIL BUILDING,
               KANJIRAMKUZHI, INCHAVILA P.O, KOLLAM, PIN - 691601.

               R1-2   BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
               R1-2   BY ADV. SRI.K.JOHN MATHAI
               R1-2   BY ADV. SRI.JOSON MANAVALAN
               R1-2   BY ADV. SRI.KURYAN THOMAS
               R1-2   BY ADV. SRI.PAULOSE C. ABRAHAM
               R1-2   BY ADV. SRI.RAJA KANNAN
               SRI.   HRITHWIK D.N.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.24272 OF 2020

                                        2



                                JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) Call for the entire records leading to Ext-P3 and quash the same to the extent of transferring the petitioner from Prakulam to Thiruvalla in violation of Ext-P1 guidelines fixed by the 1 st respondent for the general transfer of employees in KSFE.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction thereby direct the 1st respondent to dispose the petitioner's appeal within a time frame as stipulated by this Hon'ble Court."

2. Heard the learned counsel for the petitioner and the learned

Senior Counsel appearing for the respondents.

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

petitioner has been transferred from Prakulam to Thiruvalla in

violation of the provisions contained in Ext.P1 transfer guidelines. It is

submitted that the petitioner has been moved out only to

accommodate the 3rd respondent.

4. The learned Senior Counsel appearing for the respondents

submits that Ext.P1 guidelines only state that an incumbent who has

completed three years need not necessarily be moved out. It is further

submitted that transfers and postings are liable to be carried out in WP(C).No.24272 OF 2020

administrative exigencies and that the contentions raised by the

petitioner against the orders of general transfer are not liable to be

interfered with by this Court. The learned Senior Counsel would also

submits that the petitioner has already approached the appellate

authority preferring Ext.P4 appeal against the transfer, which will be

considered in accordance with law.

5. There will, accordingly, be a direction to the appellate authority

constituted under Ext.P1 guidelines to take up, consider and pass

orders on Ext.P4 appeal preferred by the petitioner. It is made clear

that in case there are any vacancies available, the petitioner's claim

for retention shall also be considered by the appellate authority in

accordance with law. The appellate authority shall pass appropriate

orders within a period of two weeks from the date of receipt of a copy

of this judgment. Till then, status quo as on today shall be maintained.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.24272 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE GUIDELINES NO.4155 FOR THE GENERAL TRANSFER PUBLISHED BY THE 1ST RESPONDENT DATED 15.05.2017.

EXHIBIT P2 THE TRUE COPY OF THE RELEVANT PAGES OF OFFICE ORDER HAVING REFERENCE NO.4307 DATED 09.09.2020.

EXHIBIT P3 THE TRUE COPY OF THE OFFICE ORDER NO.4307 DATED 02.11.2020.

EXHIBIT P4 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER DATED 04.11.2020 BEFORE THE APPELLATE AUTHORITY THROUGH E-MAIL AND SPEED POST.

EXHIBIT P5 TRUE COPY OF THE POSTAL RECEIPT SHOWING SUBMISSION OF APPEAL TO THE APPELLATE AUTHORITY.

EXHIBIT P6 THE TRUE COPY OF THE JOINING REPORT OF THE PETITIONER BEFORE THE PRAKKULAM BRANCH ON TEMPORARILY WORKING ARRANGEMENT DATED 06.03.2018.

EXHIBIT P7 TRUE COPY OF THE PAY SLIP FOR THE MONTH OF MARCH, 2019 OR ANCHALUMMOOD BRANCH.

EXHIBIT P8 FROM 01.04.2019 ONWARDS, THE PETITIONER IS TRANSFERRED TO PRAKKULAM BRANCH AND THE PAY SLIP FOR THE MONTH OF APRIL,2019.

EXHIBIT P9 TRUE COPY OF THE PAY SLIP FOR THE MONTH OF NOVEMBER, 2020 OF THE PETITIONER IN KSFE.

RESPONDENT'S/S EXHIBITS:

EXHIBIT R1 A THE RELIEVING ORDER ISSUED TO THE PETITIONER DATED 04.11.2020

EXHIBIT R1 B A TRUE COPY OF THE ORDER OF THE BRANCH MANAGER DATED 04.11.2020

EXHIBIT R1 C A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BYTHE POSTAL AUTHORITY DATED NIL WP(C).No.24272 OF 2020

EXHIBIT R1 D A TRUE COPY OF THE JOINING REPORT OF THE 3RD RESPONDENT DATED 04.11.2020