Kerala High Court
Rafeela.H vs The Managing Director on 15 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942
WP(C).No.1193 OF 2021(Y)
PETITIONERS:
1 RAFEELA.H
AGED 36 YEARS
D/O.HASSAN, THANNIMOOTTIL HOUSE, DAWN RESIDENCE LANE,
MLA ROAD, PALLURUTHY, ERNAKULAM DISTRICT-682006
(STORE ATTENDANT/SHOP ATTENDANT, KSBC, FL1-7025,
PALLURUTHY).
2 ROOBIA M.A.,
AGED 37 YEARS
W/O.MUSTHAFFA, PIAMBILLYKUDY HOUSE, VENGOLA P.O.,
ARAKKAPADY, ERNAKULAM DISTRICT-683556
(STORE ATTENDANT/SHOP ATTENDANT, KSBC, FL1-7039,
KOLENCHERRY).
BY ADV. SHRI.N.SASIDHARAN UNNITHAN
RESPONDENTS:
1 THE MANAGING DIRECTOR
KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING)
CORPORATION LTD., BEVCO TOWER, VIKAS BHAVAN P.O.,
PALAYAM, THIRUVANANTHAPURAM-695033.
2 THE MANAGING DIRECTOR,
KERALA WATER AUTHORITY, JALA BHAVAN,
VELLAYAMBALAM P.O., THIRUVANANTHAPURAM-695014.
3 STATE OF KERALA,
REP. BY THE SECRETARY TO GOVERNMENT,
EXCISE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
R2 BY ADV. SMT.MARY BENJEMIN
ADV. SRI.T NAVEEN, SC KSBC
SMT.NISHA BOSE, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1193 OF 2021
2
JUDGMENT
Dated this the 15th day of March 2021
This writ petition was filed seeking directions to the 3rd
respondent to issue necessary orders for transfer of the petitioners
from the KSBC to the Kerala Water Authority or any other
Corporation/Board.
2. The learned Government Pleader submits that after having
obtained appointments, the petitioners would not be justified in
seeking such a request and that the Government could not consider
such a request.
3. The petitioners have now produced Exts.P7 and P8
representations submitted before the Managing Director and seek a
direction to the Managing Director of the Corporation to consider the
same. The request in Ext.P7 is only for a transfer to any of the offices
of the Beverages Corporation or the warehouse.
4. Whatever be the reasons for the said request, I am of the opinion
that since the petitioners have approached the 1 st respondent, it is for
WP(C).No.1193 OF 2021
the 1st respondent to take an appropriate decision thereon.
5. Without expressing any view on the merits of the matter, there
will be a direction to the 1st respondent to take up Exts.P7 and P8
representations preferred by the petitioners and to pass orders
thereon within a period of two months from the date of receipt of a
copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C).No.1193 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE GAZETTE NOTIFICATION DATED
30.05.2017 FOR CATEGORY NO.113/2017 OF THE
KERALA PUBLIC SERVICE COMMISSION.
EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER
NO.7823/AE15/2020/KSBC DATED 10.08.2020
ISSUED BY THE 1ST RESPONDENT TO THE 1ST
PETITIONER.
EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER
NO.7823/AE15/2020/KSBC DATED 10.08.2020
ISSUED BY THE 1ST RESPONDENT TO THE 2ND
PETITIONER.
EXHIBIT P4 TRUE COPY OF THE APPLICATION OF SHRI.VISHNU
CHANDRAN DATED 07.12.2020 SENT TO THE 3RD
RESPONDENT GOVERNMENT.
EXHIBIT P5 TRUE COPY OF THE APPLICATION OF
SHRI.SUJESH.S DATED 12.12.2020 SENT TO THE
3RD RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE JOINT REPRESENTATION DATED
15.12.2020 OF THE PETITIONERS SENT TO THE
3RD RESPONDENT SECRETARY TO GOVERNMENT.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED
2/3/2021 OF THE 1ST PETITIONER SENT TO THE
1ST RESPONDENT
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED
2/3/2021 OF THE 2ND PETITIONER SENT TO THE
1ST RESPONDENT
RESPONDENT'S/S EXHIBITS: NIL
