Kerala High Court
3Prince John vs State Of Kerala on 7 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
WA NO. 470 OF 2022
AGAINST THE JUDGMENT IN WP(C) 10024/2022 OF HIGH COURT OF KERALA
APPELLANTS:
PRINCE JOHN
AGED 39 YEARS
SO.K.S.JOHN(LATE), KALAPURACKAL HOUSE, NIRAVATH ROAD,
MARADU P.O., ERNAKULAM, WORKING AS ASSISTANT SALES MAN,
SUPPLYCO, SUPERMARKET, EROOR, ERNAKULAM DEPOT.
BY ADVS.
V.VINAY
M.S.ANEER
SARATH K.P.
RESPONDENTS:
1. STATE OF KERALA
THROUGH FOOD AND CIVIL SUPPLIES DEPARTMENT, REPRESENTED
BY SECRETARY, ROOM NO.159, 4TH FLOOR, NORTH BLOCK
SECRETARIAT, THIRUVANANTHAPURAM 695 001
2. SUPPLYCO, REPRESENTED BY ITS MANAGING DIRECTOR,
MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, ERNAKULAM 682
020
3. ADDITIONAL GENERAL MANAGER (P&A), SUPPLYCO, MAVELI
BHAVAN, MAVELI ROAD, GANDHI NAGAR, ERNAKULAM 682 020
4. SIMI M A, JUNIOR ASSISTANT, SUPPLYCO, DISTRICT DEPOT
OFFICE, PETTA, ERNAKULAM 682 038
SRI.RIYAL DEVASSY, GOVT.PLEADER, SMT.MOLLY JACOB ,SC
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07.04.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 470 OF 2022
2
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
===================================
W.A.No.470 of 2022
(arising out of the judgment dated 23.03.2022in WP(C) No.10024 of 2022)
=========================================
Dated this the 7th day of April, 2022
JUDGMENT
Alexander Thomas, J.
The judgment rendered by the learned Single Judge on 23.03.2022 in
the instant WP(C) No.10024/2022 is the subject matter of the instant intra-
court appeal filed under Section 5(i) of the Kerala High Court Act. The
appellant herein is the petitioner in the WP(C) and the respondents in the WA
are the respondents in the WP(C).
2. Heard Sri.V.Vinay, learned Counsel appearing for the appellant in
the WA/petitioner in the WP(C), Smt.Molly Jacob, learned Standing Counsel
for Supplyco, appearing for R2 and R3 and Sri.Riyal Devassy, learned
Government Pleader appearing for R1 State.
3. The appellant is aggrieved by the impugned Ext.P2 transfer order
dated 04.02.2022, issued by the Regional Manager of the Respondent
Supplyco, whereby, he has been ordered to be transferred and posted from his
current station at Eroor Supermarket, Thripunithura, Ernakulam to the
Supplyco Depot at Perumbavoor. Being aggrieved by Ext. P2 transfer order
issued by the Regional Manager, the petitioner has preferred Ext.P5
representation dated 16.03.2022, before the 2 nd respondent Managing Director
WA NO. 470 OF 2022
of the Supplyco. The appellant would urge that he had already undergone
appendicitis surgery and that he is the only child in his family and that his
mother is a widow, who is suffering from serious ailments and that he is
unmarried. Further that, the petitioner has been recently promoted from the
lower category post of Assistant Sales man to the next higher category post of
Junior Assistant and that it is thereafter that the impugned Transfer order at
04.04.2022 has been issued. The appellant would plead that Annexure 4 is the
guidelines fo transfer being consistently followed by the respondent Supplyco
and that Clause 1 (XXI) thereof would stipulate that vacancies to be filled up by
promotion shall be filled up first by transfer of the employees to existing
vacancies. It is pointed out that at the time when the petitioner was promoted
as per Ext.P1, there already existed vacancies in the post of Junior Assistant in
the Depot at Ernakulam and it is without considering the existence of such
vacancies, that the impugned transfer order has been made at Ext.P2. Further
that Clause 2(A) of Annexure A4 guidelines deals with compassionate grounds
and Clause 2(A)(iii) stipulate that compassionate treatment can be afforded in
the case of those employees whose family members are suffering from serious
ailments etc.
4. The learned Single Judge has already directed as per the
impugned judgment that the 2nd respondent Managing Director may consider
the request of the petitioner at Ext.P5 and pass orders thereon within one
month. We are told that hearing in the matter was over on 04.04.2022 and
WA NO. 470 OF 2022
orders on Ext.P5 have not so far been passed. Having regard to the facts and
circumstances of the case and in the interest of justice, it is ordered that the 2 nd
respondent may take into consideration, the pleas of the petitioner made on
the basis of Clause 1 (XXI) as well as Clause 2(A)(3) Of Annexure A4
guidelines, and may ascertain the correctness or otherwise of the factual case
urged by the petitioner as above. These aspects of the matter may also be duly
taken into consideration by the 2 nd respondent, before he passes orders on
Ext.P5 representation. Further it is also ordered in the interest of justice that
till orders are passed by the 2nd respondent on Ext.P5, the appellant may be
allowed to continue in the present station and one available vacancy may be
kept unfilled until then. The directions and orders of the impugned judgment
will stand modified to the limited extent as above.
With these observations and directions, the above writ appeal will stand
disposed of.
Sd/-
ALEXANDER THOMAS
JUDGE
Sd/-
VIJU ABRAHAM
JUDGE
Nsd
WA NO. 470 OF 2022
APPENDIX OF WA 470/2022
PETITIONER ANNEXURES
Annexure I TRUE COPY OF MEDICAL CERTIFICATE DATED
28.03.2022 ISSUED BY P.S.MISSION HOSPITAL.
Annexure II
TRUE COPY OF THE LETTER SUBMITTING JUDGMENT
BEFORE 2ND RESPONDENT DATED 26.03.2022.
Annexure III
TRUE COPY OF THE NOTICE DATED 02.04.2022
ISSUED BY THE 2ND RESPONDENT.
Annexure IV TRUE COPY OF THE RELEVANT PAGE OF THE KERALA
STATE CIVIL SUPPLIES CORPORATION COMMON
SERVICE RECRUITMENT RULES, 2021
