Sabu Joseph vs Kerala Water Authority
2021 Latest Caselaw 14441 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                       WP(C) NO. 13872 OF 2021
PETITIONER

             SABU JOSEPH, AGED 53 YEARS
             S/O.JOSEPH, KURUMTHANATH, VAIKOM P.O.,
             KOTTAYAM DISTRICT, WORKING AS UNSKILLED WORKER,
             P.H.SECTION, KERALA WATER AUTHORITY,
             VAIKOM, KOTTAYAM DISTRICT.

             BY ADV LATHEESH SEBASTIAN


RESPONDENTS :-

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

    2        THE SUPERINTENDING ENGINEER,
             KERALA WATER AUTHORITY, P.H.CIRCLE,
             KOTTAYAM DISTRICT-686 001.

    3        THE EXECUTIVE ENGINEER,
             KERALA WATER AUTHORITY, P.H.DIVISION, KADUTHURUTHI,
             KOTTAYAM DISTRICT-686 604.

    4        THE ASSISTANT EXECUTIVE ENGINEER,
             KERALA WATER AUTHORITY, W.S.P. SUB DIVISION, VAIKOM,
             KOTTAYAM DISTRICT-686 141.

    5        THE ASSISTANT ENGINEER,
             KERALA WATER AUTHORITY, P.H.SECTION,
             VAIKOM, KOTTAYAM DISTRICT-686 141.

             BY SMT.MARY BENJEMIN, SC, KERALA WATER AUTHORITY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13872 OF 2021

                                   -: 2 :-


                                JUDGMENT

Dated this the 13th day of July, 2021

This writ petition is filed seeking the following reliefs :-

"1. Call for the entire records leading to Ext.P1 to P11 from the respondents;

2. Quash Ext.P6 order of the 3 rd respondent by a writ of certiorari or any other writ, order or direction;

3. Issue a writ of mandamus or any other writ or direction, directing the respondents to permit the petitioner to continue in the present duty as engaged by the petitioner prior to Exhibits P6, P3 and P2 till the 1 st respondent passes final order on Ext.P10 draft general transfer order."

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 working as unskilled

worker in the Kerala Water Authority from 2001 onwards. He is

working at the PH Section, Vaikom from 8.5.2013. It is submitted

that when the petitioner was posted as a Meter Reader, he had

submitted a request on health grounds and he was retained at

Vaikom. Thereafter, by Ext.P6, he was posted to the Water

Purification Plant at Mevalloor on working arrangement basis. The

learned counsel for the petitioner submits that the petitioner is

suffering from skin ailments and is, therefore, unable to work in the WP(C) NO. 13872 OF 2021

Water Purification Plant. It is submitted that the steps for general

transfer are going on and that since the petitioner's name is included

in the draft transfer list, the petitioner may be permitted to work at

the present station till the general transfer is effected.

4. The learned Standing Counsel appearing for the

respondent submits that the petitioner is working in the present

station from 8.5.2013 onwards. It is further submitted that the

inclusion in the draft transfer list does not give rise to any claim for

transfer and that the appeals against the draft transfer list are being

considered by the authority. It is submitted that since the general

transfer is being effected shortly, the petitioner will be retained at

the present station till the orders of general transfer are issued and

resultant postings are effected.

The said submissions are recorded. The writ petition is

closed.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/16.7.2021 WP(C) NO. 13872 OF 2021

APPENDIX OF WP(C) 13872/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 28.10.2020.

Exhibit P2 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 02.06.2021.

Exhibit P3 TRUE COPY OF THE ORDER OF THE 5TH RESPONDENT DATED 03.06.2021.

Exhibit P4 TRUE COPY OF THE MEDICAL CERTIFICATE OF THE PETITIONER DATED 20.06.2021.

Exhibit P5 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER AGAINST EXT.P3 DATED 24.06.2021.

Exhibit P6 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 02.07.2021.

Exhibit P7 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 08.07.2021.

Exhibit P8 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 05.11.2020.

Exhibit P9 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 19.05.2021.

Exhibit P10 TRUE COPY OF THE DRAFT GENERAL TRANSFER ORDER OF THE 1ST RESPONDENT DATED 02.07.2021.

Exhibit P11 TRUE COPY OF WILLINGNESS OF THE PETITIONER TO EXT.P10 ORDER DATED 07.07.2021.