Ajith Kumar P.K vs The Kerala State Financial ...
2021 Latest Caselaw 13506 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
       THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                          WP(C) NO. 4030 OF 2021
PETITIONER:
              AJITH KUMAR P.K.
              AGED 55 YEARS
              S/O LATE G. KUTTAPPAN, DEPUTY MANAGER, K.S.E.F. LIMITED,
              KUNNICODE BRANCH, KUNNICODE P.O.PUNALUR , KOLLAM-691 508,
              RESIDING AT ANUSREE, KARIKKAL, KARIMPINPUZHA
              P.O.KOTTARAKKARA, KOLLAM-691 507.
              BY ADV B.MOHANLAL


RESPONDENTS:
     1     THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
           REGISTERED OFFICE, BHADRATHA MUSEUM ROAD, P.B. NO 510,
           THRISSUR-680 020, REPRESENTED BY THE MANAGING DIRECTOR.
     2     THE ASSISTANT GENERAL MANAGER (REGION),
           THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, ATTINGAL
           P.O.THIRUVANANTHAPURAM-695 101
     3     SRI. RADHAKRISHNA PILLAI,
           ASSISTANT GENERAL MANAGER, THE KERALA STATE FINANCIAL
           ENTERPRISES LIMITED, ATTINGAL P.O.THIRUVANANTHAPURAM-695
           101
     4     THE BRANCH MANAGER,
           THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, KUNNICODE
           P.O.PUNALUR, KOLLAM-691 508.
     5     THE BOARD OF DIRECTORS OF THE KERALA STATE FINANCIAL
           ENTERPRISES LIMITED,
           REGISTERED OFFICE, BHADRATHA MUSEUM ROAD P.B, NO 510,
           THRISSUR-680 020, REPRESENTED BY THE CHAIRMAN
           BY ADVS.
           SRI.M.GOPIKRISHNAN NAMBIAR
           SRI.K.JOHN MATHAI
           SRI.JOSON MANAVALAN
           SRI.KURYAN THOMAS
           SRI.PAULOSE C. ABRAHAM
           SRI.RAJA KANNAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 4030 OF 2021

                                    2

                              JUDGMENT

This writ petition is filed seeking the following prayers:-

(i) To call for the records leading to Ext.P4, P8 and P9 Orders from the Respondents and issue a writ of certiorari or other appropriate writ, order or direction quashing Ext- P4, P8 and P9 Orders transferring and relieving the Petitioner to the post of Deputy Manager from K.S.F.E. Limited, Kunnicode Branch, Kollam to. Mannarkkad, Palakkad as illegal, arbitrary, malafide and abuse of process of law.

(ii) To declare that Ext.P4 and P8 Transfer Orders and Ext.P9 Relieving Order issued by the respondents to the Petitioner on the guise of Clause 13 (IX) of the Transfer Norms is illegal, arbitrary, malafide and abuse of process of law.

(iii) To declare that Clause 13 (IX) of the Transfer Norms issued by the Respondents on the guise of the alleged misconduct, insubordination and discipline as against the Petitioner without any evidence is illegal, arbitrary, malafide and abuse of process of law and consequently Ext.P4 and P8 Transfer Orders and Ext.P9 Relieving Order issued by the Respondents have no legal backing in the eye of law.

(iv) To declare that in the absence of any provision in the Kerala Civil Services (Classification Control and Appeal) Rules 1960 enabling the Respondents to impose Transfer as a Punishment Ext.P4, P8 and P9 Transfer Orders and relieving Order of the Respondents as against the Petitioner is illegal, arbitrary, malafide and abuse of process of law.

WP(C) NO. 4030 OF 2021

v) To issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to forthwith reinstate the Petitioner to the post of Deputy Manager from K.S.F.E. Limited in the 4 th respondent Kunnicode Branch, Kollam of the K.S.F.E. Limited.

2. Heard the learned counsel for the petitioner and

the learned Standing Counsel appearing for the

respondents.

3. The learned counsel for the petitioner submits

that Exts.P4 and P8 transfer orders had been issued against

the petitioner without considering the factual aspects of the

matter including the difficulties pointed out by the

petitioner.

4. In any view of the matter, the petitioner has

approached the 1st respondent with Ext.P11 request pointing

out the difficulties faced by him due to the transfer to a

distant place and seeking accommodation in any of the

vacancies arising in Kollam or Pathanamthitta.

5. Having considered the contentions advanced, I am

of the opinion that it is for the employer to consider the WP(C) NO. 4030 OF 2021

request made by the petitioner, in accordance with law.

6. There will, accordingly, be a direction to the

Managing Director of the 1st respondent to take up, consider

and pass orders on Ext.P11 representation preferred by the

petitioner, in accordance with law, within a period of one

month from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

bng/02.07.2021 WP(C) NO. 4030 OF 2021

APPENDIX OF WP(C) 4030/2021

PETITIONER EXHIBIT

EXHIBIT P1 THE TRUE COPY OF THE OFFICE ORDER NO 4307/ADMN DATED 24.6.2017 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER

EXHIBIT P2 THE TRUE COPY OF THE COMMUNICATION NO 991/111/235 DATED 14.10.2020 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P3 THE TRUE COPY OF THE RELEVANT PAGES OF THE PAYMENT REJECTION DETAILS ISSUED BY THE PETITIONER

EXHIBIT P4 THE TRUE COPY OF THE ORDER NO 49079 DATED 22.10.2020 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER

EXHIBIT P5 THE TRUE COPY OF THE NOTICE NO 4155 DATED 15.5.2017 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P6 THE TRUE COPY OF THE DISCHARGE SUMMARY DATED 5.12.2020 AND CHEMO THERAPY TREATMENT DATED 1.8.2020 ISSUED FROM AMRITHA INSTITUTE OF MEDICAL SERVICE KOCHI TO THE PETITIONERS WIFE SMT.SREEDEVI G.

EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT DATED 30.10.2020 IN WP(C) NO 22972/2020 OF THIS HON'BLE COURT

EXHIBIT P8 THE TRUE COPY OF THE ORDER NO.37477/P DATED 3.2.2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER WP(C) NO. 4030 OF 2021

EXHIBIT P9 THE TRUE COPY OF THE ORDER NO 235 DATED 10.2.2021 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER

EXHIBIT P10 THE TRUE COPY OF THE ORDER NO 4130 DATED 04.02.2021 ISSUED BY THE 1ST RESPONDENT PROMOTED THE DEPUTY/ ASSISTANT MANAGERS TO THE POST OF MANAGER

EXHIBIT P11 THE TRUE COPY OF THE APPLICATION DATED 17.03.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR TRANSFER.

RESPONDENTS EXHIBIT

EXHIBIT R1(A) A TRUE COPY OF THE JOINING REPORT DATED 20/02/2021 SUBMITTED BEFORE THE BRANCH MANAGER.

EXHIBIT R1(B) A TRUE COPY OF THE JOINING REPORT DATED 20/02/2021 ISSUED BY THE BRANCH MANAGER, MANNARKKAD BRANCH TO THE DGM (P&HR).

EXHIBIT R1(C) A TRUE COPY OF THE TRANSFER ORDER DATED 26/02/2021 ISSUED BY THE K.S.F.E. VIDE REF;NO.4307/ADMIN.