Ashkar Ali C.O vs Manging Director, Kerala Water ...
2022 Latest Caselaw 9281 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                        WP(C) NO. 25756 OF 2022
PETITIONER:

          ASHKAR ALI C.O
          AGED 40 YEARS
          S/O MUHAMMED C.O, AGED 40 YEARS, CONFIDENTIAL ASSISTANT
          GRADE 1, KERALA WATER AUTHORITY, P.H CIRCLE,
          MALAPPURAM, PIN- 676 505 RESIDING AT CHOLA OTHUPALLIYIL
          HOUSE, KIZHUPRAMABA P.O. MALAPPURAM DISTRICT, PIN-673
          639.
          BY ADVS.
          M.M.MONAYE
          M.PAUL VARGHESE
          NIRMALA P.V.
          K.V.SANOSH
RESPONDENTS:

    1     MANGING DIRECTOR, KERALA WATER AUTHORITY
          KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM,
          THIRUVANANTHAPURAM -695 033.
    2     CHIEF ENGINEER
          (H.R.D & GENERAL), KERALA WATER AUTHORITY, JALABHAVAN,
          VELLAYAMBALAM, THIRUVANANTHAPURAM -695 033.
    3     DEPUTY CHIEF ENGINEER (GENERAL),
          KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM,
          THIRUVANANTHAPURAM -695 033.
    4     CHIEF ENGINEER,
          KERALA WATER AUTHORITY, NORTHERN REGION, KOZHIKODE -
          673 603.
    5     SUPERINTENDING ENGINEER,
          KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE,
          MALAPPURAM - 676 505.
    6     SUPERINTENDING ENGINEER,
          KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, PALAKKAD
          678 001.
    7     SUJITHKUMAR. C,
          CONFIDENTIAL ASSISTANT SR. GRADE, (UNDER ORDER OF
          TRANSFER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE,
          THRISSUR, THRISSUR -680 001.
          BY ADV.P.M. JOHNY
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.25756 OF 2022

                                       2




                            JUDGMENT

Dated this the 10th day of August, 2022

This writ petition is filed seeking the

following reliefs:

"i. Issue a writ of certiorari or any other writ, order or direction calling for the records leading to the issuance of Exhibit P1 transfer order and quash the same to the extent to which Exhibit P1 order to transfer the petitioner to the Public Health Circle, Palakkad.

ii.Issue a writ of mandamus or any other writ, order or direction directing the respondents 1 to 4 to allow the petitioner to continue at Public Health Circle Malappuram, or in the alternative to give transfer to the petitioner to the offices at Kozikode.

iii.Issue a writ of mandamus or any other writ or order or direction directing respondent 1 to consider Exhibit P1 request/appeal and pass orders in it within a reasonable time to be fixed by this Hon'ble Court. "

2. Heard the learned counsel for the petitioner

and the learned Standing Counsel appearing for the WP(C).No.25756 OF 2022

respondent Kerala Water Authority.

3. It is submitted by the learned counsel for

the petitioner that the petitioner, who is working as

Confidential Assistant Grade- I, has been transferred

from Public Health Circle, Malappuram to Public Health

Circle, Palakkad by Exhibit P1. It is submitted that

Exhibit P9 representation has been preferred by the

petitioner before the first respondent seeking transfer

to Kozhikode or a detention at Malappuram.

There will be a direction to the 1 st

respondent to take up Exhibit P9 representation

preferred by the petitioner and to consider and pass

orders on the same after considering the contentions

raised by the petitioner as well. Appropriate orders

shall be passed within a period of two weeks from the

date of receipt of a copy of this judgment. The

petitioner shall make available a copy of the judgment

along with a copy of the writ petition before the 1 st

respondent for compliance. In case the petitioner has WP(C).No.25756 OF 2022

not been relieved in pursuance to Exhibit P1, status

quo as on today shall be maintained till orders are

passed as directed.

The writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/10/08 WP(C).No.25756 OF 2022

PETITIONER'S EXHIBITS:

TRUE COPY OF THE ORDER OF TRANSFER DATED Exhibit P1 20.7.2022 IN THE PROCEEDINGS OF THE 3RD RESPONDENT.

TRUE COPY OF THE GUIDELINES FOR GENERAL Exhibit P2 TRANSFER AND APPOINTMENTS OF THE GOVERNMENT EMPLOYEES, DATED 25.02.2017. TRUE COPY OF THE CIRCULAR DATED Exhibit P3 05.05.2022, ISSUED BY THE 1ST RESPONDENT. TRUE COPY OF THE CIRCULAR DATED Exhibit P4 24.05.2022 OF THE 1ST RESPONDENT. TRUE COPY OF THE CERTIFICATE ISSUED BY Exhibit P5 THE MEDICAL BOARD, SIGNED ON 14.10.10. TRUE COPY OF THE CERTIFICATE DATED 29.07.06 ISSUED BY THE MEDICAL OFFICER OF Exhibit P6 THE INSTITUTE OF MENTAL HEALTH AND NEUROSCIENCES, KOZHIKODE.

TRUE COPY OF THE ORDER DATED 21.06.2022, Exhibit P7 IN THE PROCEEDINGS OF THE 3RD RESPONDENT, PUBLISHING THE DRAFT LIST.

TRUE COPY OF THE REQUEST DATED 24.06.2022 Exhibit P8 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

TRUE COPY OF THE OBJECTION/APPEAL DATED Exhibit P9 25.07.2022 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

    RESPONDENTS' EXHIBITS:      NIL



     SSK                   //TRUE COPY//         PA TO JUDGE