Hariharan .S vs The Kerala State Civil Supplies ...
2021 Latest Caselaw 15795 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                      WP(C) NO. 13375 OF 2021
PETITIONER :-

            HARIHARAN .S.,
            ASSISTANT SALES MAN, NFSA DEPOT, KOLLAM AND
            RESIDING AT AVITTOM HOUSE, TRA C 54A, THEKKEKUTTIKAVU,
            THEKKEVILA POST, KOLLAM DISTRICT, PIN CODE-691 016.

            BY ADVS.
            R.PREMCHAND
            A.A.DILSHAH


RESPONDENTS :-

    1       THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD.
            MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR,
            KOCHI-682 020,REPRESENTED BY ITS GENERAL MANAGER.

    2       THE ADDITIONAL GENERAL MANAGER,
            (PERSONNEL AND ADMINISTRATION),
            THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD,
            MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR,
            KOCHI-682 020.

    3       REGIONAL MANAGER,
            KERALA STATE CIVIL SUPPLIES CORPORATION LTD
            REGIONAL OFFICE, MAVELI TOWER,
            SISU VIHAR ROAD, VAZHUTHACAUD,
            SASTHAMANGALAMP.O, THIRUVANANTHAPURAM-695 010.

            SRI. ANTONY MUKKATH- S.C.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13375 OF 2021

                                     -: 2 :-


                                   JUDGMENT

Dated this the 30th day of July, 2021

This writ petition is filed seeking the following reliefs :-

"i) to call for exhibit P6 order No.D21-5120-20 dated nd 14/06/2021 issued by the 2 respondent and to set aside the same to the extent of transferring the petitioner from Kollam to Kottayam.

ii) Issue a direction to the respondents to retain the services of the petitioner at any place within the depot/division/district in the interest of justice."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondent Corporation.

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

that the petitioner who is working as an Assistant Salesman had been

placed under suspension on certain charges. The petitioner had

approached this Court seeking a review of the suspension and the

suspension was reviewed and the petitioner was reinstated.

However, while reinstating the petitioner, he was posted to a

different district. It was stated that he would be posted in the

Kottayam region for three years. The petitioner has submitted Ext.P7

representation before the 2nd respondent pointing out that he has only

2½ years to retire from service and that his request for a posting near WP(C) NO. 13375 OF 2021

his home station may be considered taking note of his date of

retirement.

4. The learned Standing Counsel appearing for the

respondents that the petitioner's reinstatement is subject to the

orders to be passed in the disciplinary proceedings and that he was

reinstated and posted to a different district only because of the

pendency of the disciplinary proceedings.

In any view of the matter, Since the petitioner has

approached the respondents with Ext.P7 representation seeking a

posting closer to home, I am of the opinion that it is for the

respondents to take an appropriate decision thereon. There will,

accordingly, be a direction to the respondents to take up, consider

and pass orders on Ext.P7 request made by the petitioner with

reference to the transfer guidelines as also taking note of the date of

retirement of the petitioner. Orders shall be passed within a period

of three weeks from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Jvt/3.8.2021 WP(C) NO. 13375 OF 2021

APPENDIX OF WP(C) 13375/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SHOW CAUSE NOTICE NO.VIG.I-801/19 DATED 23/12/2019 ISSUED TO THE PETITIONER

Exhibit P2 TRUE COPY OF ORDER NO.T3/895/2020 DATED 12/02/2020 ISSUED BY THE 3RD RESPONDENT

Exhibit P3 TRUE COPY OF CHARGE MEMORANDUM NO.D21/5120/20(2)DATED 06/07/2020 ISSUED BY THE 2ND RESPONDENT

Exhibit P4 A TRUE COPY OF THE ORDER NO.T3/895/2020 DATED 02/11/2020 ISSUED BY THE 3RD RESPONDENT

Exhibit P5 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN W.P.(C)NO.5618/2021 DATED 07/04/2021.

Exhibit P6 TRUE COPY OF THE REINSTATEMENT AND TRANSFER ORDER NO.D21-5120-20 DATED14/06/2021 ISSUED BY THE 2ND RESPONDENT

Exhibit P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 20/06/2021

Exhibit P8 TRUE COPY OF THE IDENTITY CARD OF THE PETITIONER'S WIFE ISSUED BY THE GOVERNMENT OF KERALA

Exhibit P9 TRUE COPY OF THE TREATMENT RECORD OF THE PETITIONER'S MOTHER IN LAW AT THE RCC,TVM