Kerala High Court
Ganesh V.R vs Kerala State Beverages (M And M) on 19 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942
WP(C).No.5537 OF 2021(N)
PETITIONER:
GANESH V.R.,
AGED 33 YEARS
S/O.VIJAYABABU UNNITHAN, PALOTTU VEEDU, EDAPPALLY
KOTTA P.O., KARUNAGAPPALLY, PANAMA, KOLLAM-691 583.
BY ADVS.
SRI.K.S.HARIHARAPUTHRAN
SMT.BHANU THILAK
SRI.S.R.PRASANTH
RESPONDENTS:
1 KERALA STATE BEVERAGES (M AND M)
CORPORATION LTD., REPRESENTED BY ITS MANAGING
DIRECTOR, SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM,
THIRUVANANTHAPURAM-695 010.
2 THE MANAGING DIRECTOR,
KERALA STATE BEVERAGES (M AND M), CORPORATION LTD.,
SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM,
THIRUVANANTHAPURAM-695 010.
3 GENERALA MANAGER (ADMINISTRATION),
KERALA STATE BEVERAGES (M AND M), CORPORATION LTD.,
SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM,
THIRUVANANTHAPURAM-695 010.
T NAVEEN SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.5537 OF 2021(N)
2
JUDGMENT
Dated this the 19th day of March 2021
This writ petition is filed seeking the following reliefs:
i) issue a writ in the nature of certiorari or any order
writ, order or direction quashing the Ext.P4 transfer order to
the extent of transferring the petitioner herein from
Karunagappally outlet to Kottayam outlet.
ii) issue a writ in the nature of mandamus or any
other writ, order or direction commanding the 1 st respondent
to allow the petitioner to continue working in
Karunagappally outlet.
2. Heard the learned counsel for the petitioner and the learned
Standing Counsel appearing for the respondent- Corporation.
3. It is submitted that the petitioner has been transferred by
Ext.P4 from Karunagappally to Gandhi Nagar in Kottayam. It is
submitted by the learned counsel for the petitioner that the
petitioner is undergoing infertility treatment and the transfer at this
juncture would result in undue hardship and injury to the petitioner.
Pointing out these aspects, the petitioner has approached the 1 st
respondent with Ext.P5 representation and seeks a consideration on
WP(C).No.5537 OF 2021(N)
the same.
Having heard the learned counsel on either side, there will be a
direction to the 2nd respondent to take up, consider and pass orders
on Ext.P5 representation preferred by the petitioner, taking note of
the contentions raised by the petitioner as well. Orders shall be
passed within a period of one month from the date of receipt of a
copy of this judgment. In case the petitioner has not been relieved so
far pursuant to the order of transfer, the petitioner will be permitted
to continue in the present station where he is now working, until
orders are passed as directed above.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SVP
WP(C).No.5537 OF 2021(N)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE INTERNAL MEMO DATED
27.06.2018 ISSUED BY THE 1ST RESPONDENTS
WAREHOUSE, THIRUVALLA.
EXHIBIT P2 TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 25.02.2019.
EXHIBIT P3 TRUE COPY OF THE POSTING ORDER DATED
11.11.2019 ISSUED BY THE 1ST RESPONDENTS
WAREHOUSE, THIRUVALLA.
EXHIBIT P4 TRUE COPY OF THE TRANSFER ORDER DATED
20.02.2021 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION
PREFERRED BY ME BEFORE THE 2ND
RESPONDENT DATED 04/03/2021
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY ME BEFORE THE 3RD
RESPONDENT DATED 04/03/2021
EXHIBIT P7 TRUE COPY OF THE INTERNAL MEMO ISSUED BY
THE 3RD RESPONDENT
