Shaji U vs The Regional Manager,Supplyco
2022 Latest Caselaw 9293 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.22816 OF 2022
PETITIONER :-

             SHAJI U, AGED 45 YEARS
             S/O.USAF, SENIOR ASSISTANT GRADE-II,
             SUPPLYCO (ON DEPUTATION), PAMPANAR SUPER MARKET,
             KANJIRAPPALLY DEPOT, KOTTAYAM - 686 507.

             BY ADVS.
             K.P.SATHEESAN (SR.)
             K.SUDHINKUMAR
             S.K.ADHITHYAN
             SABU PULLAN
             GOKUL D. SUDHAKARAN
             P.MOHANDAS (ERNAKULAM)


RESPONDENTS :-

     1       THE REGIONAL MANAGER,
             SUPPLYCO, REGIONAL OFFICE, MAVELI TOWER,
             THIRUNAKKARA, KOTTAYAM - 686 001.

     2       THE DEPOT ASSISTANT MANAGER,
             TALUK DEPOT, SUPPLYCO, KANJIRAPPALLY,
             KOTTAYAM - 686 507.

             BY ADV R.LAKSHMI NARAYAN
             BY ADV MOLLY JACOB


      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.22816 OF 2022

                                          -: 2 :-


                                     JUDGMENT

Dated this the 10th day of August, 2022

This writ petition is filed seeking the following reliefs :-

"i. to issue a Writ of Certiorari or such other appropriate writ, order or direction quashing Ext.P5 order No.E1- 3509/20 dated 11-07-2022 issued by the 2 nd respondent as it is arbitrary, illegal and unjust.

ii. to issue a Writ of Mandamus or order or direction to the 1st respondent to retain the petitioner at Pampanar Supermarket as Officer-in-charge ordered as per Ext.P4. iii. to declare that the petitioner is entitled to continue at Pampanar Supermarket as Officer-in-charge until he completes the minimum tenure of three years."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondents.

3. It is submitted by the learned counsel for the petitioner

that the petitioner, who is a Senior Clerk, is on deputation to the

Supplyco. He was posted to the Kanjirappally depot of the

Supplyco as per Ext.P2 order and was posted at the Ponkunnam

NFSA depot. It is submitted that the petitioner was again

transferred to Pampanar Supermarket as per order dated

31.12.2021 and is continuing there. While so, he has been

transferred to Kanjirappally again, which is under challenge in this

writ petition. The learned Senior Counsel for the petitioner

submits that he is being repeatedly transferred without any WP(C) NO.22816 OF 2022

necessity and that Exts.P6 and P7 circulars are not being

implemented while passing the orders of transfer.

4. A statement has been placed on record by the 1 st

respondent stating that the petitioner was initially deployed on

deputation to the Kanjirappally depot and that he was posted as

Officer-in-charge of the NFSA depot, Ponkunnam. It is stated that

the petitioner took leave without taking charge at Ponkunnam and

thereafter, the petitioner had been posted to Pampanar

Supermarket by the Depot Assistant Manager. It is submitted that

there were allegations with regard to the Officer-in-charge of the

NFSA and that due to dearth of staff at the NFSA godown,

Kanjirappally, the petitioner had to be transferred to Kanjirappally

which is the reason why Ext.P5 order has been passed. It is

submitted that the petitioner has not approached any of the

authorities of the Civil Supplies Corporation pointing out his

difficulties or seeking continuance at Pampanar.

5. I have considered the contentions advanced. In view of

the fact that the issue is with regard to transfer and postings of

employees, I am of the opinion that it is for the petitioner to

approach the competent authority under the Kerala Civil Supplies

Corporation seeking redressal of his grievances, if any. WP(C) NO.22816 OF 2022

In the above view of the matter, in case the petitioner

approaches the Chairman and Managing Director of the Kerala

Civil Supplies Corporation with a representation, pointing out his

difficulties and seeking retention at Pampanar within one week, the

same will be considered in accordance with law, taking note of

Exts.P6 and P7 as well. Appropriate orders shall be passed, after

hearing the petitioner as well, within a period of one month from

the date on which the petitioner approaches the Chairman and

Managing Director with an appropriate representation. Till orders

are passed as directed above, the status quo as on today shall be

maintained.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/10.8.2022 WP(C) NO.22816 OF 2022

APPENDIX OF WP(C) 22816/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER NO CS5.830/2014 DATED 17-11-2021 ISSUED BY THE TALUK SUPPLY OFFICER, PEERUMEDU

Exhibit P2 TRUE COPY OF THE ORDER NO. E1-3509/20 DATED 24-11-2021 ISSUED BY THE 1ST RESPONDENT

Exhibit P3 TRUE COPY OF THE ORDER NO. A6-02/2021 DATED 25-11-2021 ISSUED BY THE 2ND RESPONDENT

Exhibit P4 TRUE COPY OF THE ORDER NO. A6-02/2021 DATED 31-12-2021 ISSUED BY THE 2ND RESPONDENT

Exhibit P5 TRUE COPY OF THE ORDER NO. E1-3509/20 DATED 11-07-2022 ISSUED BY THE 1ST RESPONDENT

Exhibit P6 TRUE COPY OF THE CIRCULAR NO. D9/1469/19 DATED 23/04/2022 ISSUED BY THE MANAGING DIRECTOR, SUPPLYCO

Exhibit P7 TRUE COPY OF THE CIRCULAR NO. 5/2018 DATED 20/04/2018 ISSUED BY THE GOVERNMENT

RESPONDENT ANNEXURES

Annexure R-1(1) Annexure R-1(1) : The true copy of the communication dated 8.9.2021 issued by the Taluk Supply officer Peerumedu to the District Supply office, Idukki