Vijayakumar P vs The State Of Kerala
2021 Latest Caselaw 15478 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                        WP(C) NO. 11641 OF 2021
PETITIONERS:

     1      VIJAYAKUMAR P
            AGED 47 YEARS
            S/O PRABHAKARAN K, (EMPLOYEE CODE-PEN G-14974),
            OPERATOR, P.W.S.S.MALAMPUZHA SECTION,
            PALAKKAD RESIDING AT H. NO 11/68. VIJAYA NIVAS,
            GANESAPURAM, PUDUSSERY EAST, PAMPANPALLAM,
            PALAKKAD DISTRICT, PIN-678 621.

     2      VENKITACHALAM P
            AGED 52 YEARS,
            S/O. PACHAPERUMAL, (EMPLOYEE CODE PEN G-15017),
            OPERATOR, P.W.S.S, MALAMPUZHA SECTION, PALAKKAD.
            RESIDING AT THATTAMANGALAM (PART), CHENTHAMARANAGAR,
            PALAKKAD DISTRICT, PIN - 678102.

     3      JAFRED NETO
            AGED 44 YEARS
            S/O. M.N.NELSON,(EMPLOYEE CODE - PEN G-43589),
            OPERATOR, P.H SECTION I, THODUPUZHA,
            RESIDING AT THAYYIL, 12 MILE, ARAKULAM P.O,
            ARAKKULAM, IDUKKI - 685591.

     4      PRASANTH M.S
            AGED 36 YEARS
            S/O. M.R. SOMAN (EMPLOYEE CODE - PEN G - 43865),
            OPERATOR, P.H. SECTION, KWA, THODUPUZHA,
            RESIDING AT MANKUNNEL, VANNAPURAM,
            KALIYAR, VTC VANNAPURAM P.O, KALIYAR,
            IUDKKI DISTRICT, PIN - 685582.

     5      DEEPAK JACOB KURAIN
            AGED 41 YEARS
            S/O.KURIAN PAULOSE (EMPLOYEE CODE - PEN G - 45165),
            OPERATOR, NO.1 SECTION, KWA, KOTHAMANGALAM,
            RESIDING AT KIZHAKKEDATHU, MEENCUT,
            PALLIVASAL, CHITHIRAPURAM, DEVIKULAM,
            IDUKKI DISTRICT, PIN - 685565.
 WP(C) NO. 11641 OF 2021

                                   2

     6      AISWARYA KARUNAKARAN
            AGED 32 YEARS
            D/O. KARUNAKARAN, (EMPLOYEES CODE - PEN G 44283),
            OPERATOR JNNURM PROJECT CIRCLE, KOCHI - 11,
            REISIDNG AT NENMELICHIRA, THURAVUR P.O, CHERTHALA,
            ALAPPUZHA DISTRICT, PIN - 688532.

            BY ADVS.
            G.SREEKUMAR (CHELUR)
            S.PRADEEP LAL
            RINU. S. ASWAN


RESPONDENTS:

     1      THE STATE OF KERALA
            REPRESENTED BY SECRETARY TO THE GOVERNMENT,
            WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT,
            STATUE, TRIVANDRUM DISTRICT-695 001.

     2      THE KERALA WATER AUTHORITY
            REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN,
            VELLAYAMBALAM, THIRUVANANTHAPURAM DISTRICT, PIN - 695033.

     3      ALL KERALA WATER AUTHORITY OPERATORS ASSOCIATION
            REPRESENTED BY ITS SECRETARY, HAVING ITS REGD. OFFICE AT
            PARIJATHAM, T.C. NO. 6/757(4), VATTIYOORKAVU P.O,
            THIRUVANANTHAPURAM DISTRICT - 695013.

            SRI. BIJOY CHANDRAN, SR. G.P.
            SMT.MARY BENJAMIN, SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11641 OF 2021

                                           3



                                   JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) To issue an appropriate writ of mandamus, order or direction commanding the Respondent No.2 to take into consideration objections/appeals raised by the petitioners and various other stakeholders and rectify the defects, anomalies crept in Exhibit P2 Draft General Transfer list of Pump Operators/Operators as per procedure established by law and publish final general transfer list retaining the petitioners in their circumscribed stations.

(ii) Call for the records leading to Exhibit P2 and such other ancillary communications in so far it directing petitioners for a general transfer from their present stations to proposed stations as per Exhibit P2 and quash it in the interest of justice

(iii) To issue an appropriate writ of mandamus, order or direction commanding the Respondent No.2 to take into consideration of requests/objections of the petitioners to Exhibit P2 i.e. Draft General Transfer List of Operators and to consider the same and take appropriate decision within circumscribed time limits in the interest of justice."

2. Heard the learned counsel for the petitioners, the learned standing

counsel appearing for the respondent-Authority as well as the learned

Government Pleader.

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

petitioners are working as Pump Operators in various stations under the 2 nd WP(C) NO. 11641 OF 2021

respondent Authority. It is submitted that Ext.P1 is the guidelines

applicable for transfer of employees under the Authority as well. It is

submitted that Ext.P2 draft transfer list has been prepared by the Water

Authority and the petitioners have been found liable to be transferred. The

petitioners have preferred objections to the draft transfer list pointing out

the reasons why they are eligible to be retained in the present stations in

the light of Ext.P1. The learned counsel for the petitioners submits that the

objections preferred by the petitioners may be considered in accordance

with law.

4. The learned standing counsel appearing for the Water Authority

submits that in case the objections preferred by the petitioners are

received within the time frame as stated in Ext.P2, they will definitely be

considered before the draft transfer list is finalized.

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

respondents to take up and consider the objections preferred by the

petitioners within the time as stated in Ext.P2 and to pass orders thereon

while finalizing the draft transfer list. The specific provisions of Ext.P1 and

the objections raised by the petitioners shall also be taken into WP(C) NO. 11641 OF 2021

consideration while orders are passed as directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 11641 OF 2021

APPENDIX OF WP(C) 11641/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE GOVERNMENT ORDER ISSUED BY 1ST RESPONDENT DATED 25.02.2017.

Exhibit P2 A TRUE COPY OF RELEVANT PAGES OF DRAFT GENERAL TRANSFER LIST OF OPERATORS/PUMP OPERATORS OF THE 2ND RESPONDENT FOR THE YEAR 2021-2011 DATED 13.07.2021.

Exhibit P3 A TRUE COPY OF THE ONE SUCH REPRESENTATION GIVEN BY THE 3RD RESPONDENT DATED 17.07.2021.

Exhibit P4 A TRUE COPY OF PERMANENT DISABILITY CERTIFICATE ISSUED TO 1ST PETITIONER DATED 24.09.2003.

Exhibit P5 A TRUE COPY OF APPLICATION FOR GENERAL TRANSFER OF THE 1ST PETITIONER DATED 08.07.2021.

Exhibit P6 A TRUE COPY OF OBJECTIONS PREFERRED BY THE 1ST PETITIONER DATED 16.07.2021.

Exhibit P7 A TRUE COPY OF SCHOOL PARTICULARS OF THE 2ND PETITIONER DATED NIL

Exhibit P8 A TRUE COPY OF ADMISSION REGISTER OF THE 2ND PETITIONER'S WIFE DATED 04.07.13.

Exhibit P9 A TRUE COPY OF MEDICAL CERTIFICATE OF THE 2ND PETITIONER ISSUED FROM AHALIA HOSPITAL DATED NIL.

Exhibit P10 A TRUE COPY OF OBJECTIONS PREFERRED BY THE 2ND PETITIONER DATED 16.07.2021.

Exhibit P11 A TRUE COPY OF MEDICAL CERTIFICATE ISSUED FROM ST.MARY'S HOSPITAL DATED 05.07.2021. WP(C) NO. 11641 OF 2021

Exhibit P12 A TRUE COPY OF MEDICAL CERTIFICATE ISSUED FROM BISHOP VAYALIL MEDICAL CENTRE DATED 05.07.2021.

Exhibit P13 A TRUE COPY OF MEDICAL CERTIFICATE OF CELENA XAVIER ISSUED FROM BISHOP VAYALIL MEDICAL CENTRE DATED 05.07.2021.

Exhibit P14 A TRUE COPY OF OBJECTIONS PREFERRED BY THE 3RD PETITIONER DATED 16.07.2021.

Exhibit P15 A TRUE COPY OF TRANSFER PROCEEDINGS ISSUED BY THE 2ND RESPONDENT DATED 31.05.2021.

Exhibit P16 A TRUE COPY OF OBJECTIONS PREFERRED BY THE 4TH PETITIONER DATED 15.07.2021.

Exhibit P17 A TRUE COPY OF GOVT. OF KERALA'S IDENTITY CARD ISSUED TO PERMANENTLY DISABLED MOTHER OF THE 5TH PETITIONER.

Exhibit P18 A TRUE COPY OF CERTIFICATE OF SPONSORSHIP DETAILS OF 5TH PETITIONER'S WIFE DATED NIL.

Exhibit P19 A TRUE COPY OF OBJECTIONS PREFERRED BY 5TH PETITIONER DATED 15.07.2021.

Exhibit P20 A TRUE COPY OF OBJECTIONS PREFERRED BY 6TH PETITIONER DATED 16.07.2021.

RESPONDENT'S/S EXHIBITS: NIL