Venu M R vs Kerala State Road Transport ...
2021 Latest Caselaw 22914 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
    TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                       WP(C) NO. 26307 OF 2021
PETITIONER/S:
           VENU M R.,
           DRIVER GRADE-1,
           THE KERALA STATE ROAD TRANSPORT CORPORATION,
           VENJARANMMOD, THIRUVANANTHAPURAM DISTRICT, RESIDING AT
           MUTHIRAKALAYIL HOUSE, KANNAPPALY, PERUVA P.O., KOTTAYAM
           DISTRICT.

           BY ADV O.D.SIVADAS



RESPONDENT/S:
     1     KERALA STATE ROAD TRANSPORT CORPORATION ,
           TRANSPORT BHAVAN,
           THIRUVANANTHAPURAM 695 001,
           REPRESENTED BY ITS MANAGING DIRECTOR.

     2     THE CHAIR MAN AND MANAGING DIRECTOR,
           THE KERALA STATE ROAD TRANSPORT CORPORATION,
           TRANSPORT BHAVAN,
           THIRUVANANTHAPURAM 695 001.

     3     THE EXECUTIVE DIRECTOR,
           (ADMINISTRATION),
           THE KERALA STATE ROAD TRANSPORT CORPORATION,
           TRANSPORT BHAVAN,
           THIRUVANANTHAPURAM 695 001.

     4     THE ASSISTANT TRANSPORT OFFICR,
           KERALA STATE ROAD , TRANSPORT CORPORATION, VENJARANMMOD
           DEPOT, THIRUVANANTHAPURAM DISTRICT 695 606.


OTHER PRESENT:
           SRI DEEPU THANKAN SC KSRTC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26307 OF 2021
                                      2

                            JUDGMENT

Challenge in the present writ petition is with regard to transfer

of the petitioner, Driver in KSRTC, from Piravom depo. to

Venjaranmood depo.

2. Learned counsel appearing on behalf of the petitioner

submitted that petitioner has already completed the incumbency

period and has not been posted to the home depot, Kottayam so far.

3. Learned counsel for the respondents on the other hand

submitted that home town is Piravom depot. The Petitioner was

posted at Piravam from 2013 to 2018 and as part of the work

arrangement, was transferred to Thiruvananthapuram. Thereafter,

he was again transferred to home town, ie., Piravam depot from

2019 upto 2021.

I have heard the learned counsel for the parties and appraised

the paper book and of the view that there is no force and merit in

the contention of the learned counsel for the petitioner as the home

town of the petitioner is Piravam. He was posted in Piravam depot

from 2013 to 2018 as well as from 2019 to 2021. Now the transfer

to the Venjaranmmod depot, cannot be said to be illegal. Transfer is

purely an administrative matter, until and unless it suffers from WP(C) NO. 26307 OF 2021

fallacy or arbitrariness or reflection of some impartiality or non

application of mind.

No ground for interference is made out. Writ petition is

accordingly, dismissed.

Sd/-

sab AMIT RAWAL

JUDGE WP(C) NO. 26307 OF 2021

APPENDIX OF WP(C) 26307/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RELEVANT PORTION OF THE TRANSFER GUIDELINES PRESCRIBED AS PER THE PART SETTLEMENT WITH TRANSLATION.

Exhibit P2 TRUE COPY OF OBJECTION SUBMITTED BY THE PETITIONER DATED 2.2.2021 WITH TRANSLATION.

Exhibit P3 TRUE COPY OF RELEVANT PORTION OF THE PROCEEDINGS ISSUED BY THE 2ND RESPONDENT DATED 15.02.2021. WITH TRANSLATION.

Exhibit P4 TRUE COPY OF JUDGMENT DATED 17.3.2021 IN WPC NO. 5322 OF 2021 RENDERED BY THIS HONBLE COURT.

Exhibit P5 TRUE COPY OF OBJECTION SUBMITTED BY THE PETITIONER DATED 23.3.2021 WITH TRANSLATION.

Exhibit P6 TRUE COPY OF PROCEEDINGS DATED 26.3.221 ISSUED BY THE COMMITTEE IN THE MATTER OF TRANSFER.

Exhibit P7 TRUE COPY OF OBJECTION SUBMITTED BY THE PETITIONER DATED 22.09.2201 WITH TRANSLATION IN ACCORDANCE WITH EXT. P3 ALONG.

Exhibit P8 TRUE COPY OF RELEVANT PORTION OF THE PROCEEDINGS DATED 12.10.2021 WITH TRANSLATION ISSUED BY THE 2ND RESPONDENT.