Francis Joseph Maliyekal vs Kerala Water Authority
2021 Latest Caselaw 14850 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                    THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

               THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943

                               WP(C) NO. 19025 OF 2014

PETITIONERS:

     1         FRANCIS JOSEPH MALIYEKAL
               (PUMP OPERATOR, KERALA WATER AUTHORITY, W W SECTION NO II)MALIEKAL
               HOUSE, SUBASH NAGAR, P O MANNTHY, THRISSUR-680651

     2         SASI V U
               (PUMP OPERATOR, PH SECTION , OLLUR, KERALA WATER
               AUTHORITY)VILAKKAPPADU HOUSE, P O NANDIKKARA, THRISSUR-680301

               BY ADVS.
               SRI.P.VIJAYAKUMAR
               SRI.B.HARRYLAL
               SRI.C.R.REGHUNATHAN
               SRI.SUVIN.R.MENON



RESPONDENTS:

     1         KERALA WATER AUTHORITY
               REP BY ITS MANAGING DIRECTOR, JALA BHAVAN,
               THIRUVANANTHAPURAM-695033

     2         THE CHIEF ENGINEERRC GL
               JALA BHAVAN, THIRUVANANTHAPURAM-695033

     3         THE DEPUTY CHIEF ENGINEER
               KERALA WATER AUTHORITY, P H DIVISIN, THRISSUR-20

     4         THE EXECUTIVE ENGINEER
               KERALA WATER AUTHORITY, P H DIVISION, IRINJALAKUDA-680306

     5         STATE OF KERALA
               REP BY SECRETARY, WATER RESOURCE DEPARTMENT, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM-695001

               BY ADV SRI.MILLU DANDAPANI, SC, KERALA WATER AUTHORITY



OTHER PRESENT:

               SRI. SUNIL KUMAR KURIAKOSE - GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.07.2021, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19025 OF 2014

                                     2




                              JUDGMENT

This writ petition has been filed by the petitioners impugning

their transfer in the year 2014.

2. I notice that when this matter was considered by a

learned Judge of this Court on 23.07.2014, the transfer order,

namely Ext.P11, had been interdicted and petitioners were

directed to be retained at their respective stations. It is conceded

before me today that the position remains unaltered and that no

action pursuant to Ext.P11 has been taken until now, in obedience

to the directions of this Court.

I am, therefore, of the view that nothing survives in this writ

petition and consequently, dispose it of; however, leaving liberty to

the respondents to consider transfer of the petitioners in future; if

it is so necessary, but only after following due procedure and the

mandate of the applicable Rules and Regulations.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 19025 OF 2014

APPENDIX OF WP(C) 19025/2014

PETITIONER EXHIBITS

EXT.P1 TRUE COPY OF THE PUBLIC NOTICE CIRCULATED BY SRI M L DAVID

EXT.P2 TRUE COPY OF THE COUNTER FOIL NO 255 DTD 13/5/2008

EXT.P3 TRUE COPY OF THE JUDGMENT IN WPC NO 23879/2013 DTD 5/11/2013

EXT.P4 TRUE COPY OF THE CHARGE MEMO ISSUED ON THE FIRST PETITIONER DTD 9/1/2014

EXT.P5 TRUE COPY OF THE REPLY TO CHARGE MEMO SUBMITTED BY THE IST PETITIONER DTD 13/2/2014

EXT.P6 TRUE COPY OF THE REPLY TO CHARGE MEMO SUBMITTED BY THE 2ND PETITIONER DTD 11/2/2014

EXT.P7 TRUE COPY OF THE ORDER DTD 25/6/2014 ISSUED AGAINST IST PETITIONER

EXT.P8 TRUE COPY OF THE ORDERS DTD 25/6/2014 ISSUED AGAINST 2ND PETITIONER

EXT.P9 TRUE COPY OF THE APPEAL DTD 21/7/2014 SUBMITTED BY THE IST PETITIONER THROUGH PROPER CHANNEL

EXT.P9(A) P9(A):-TRUE COPY OF THE POSTAL RECEIPT OF THE ADVANCED COPY OF THE APPEAL DTD 21/7/2014 SUBMITTED BY THE IST PETITIONER DIRECTLY TO THE IST RESPONDENT

EXT.P10 TRUE COPY OF THE APPEAL DTD 21/7/2014 SUBMITTED BY TEH 2ND PETITIONER

EXT.P10(A) TRUE COPY OF THE POSTAL RECEIPT OF THE ADVANCED COPY OF THE APPEAL DTD 21/7/2014 SUBMITTED BY THE 2ND PETITIONER DIRECTLY TO THE IST RESPONDENT.

EXT.P11 TRUE COPY OF THE TRANSFER ORDER DTD 17/7/2014