Pyary Raja vs Kerala State Beverages ...
2022 Latest Caselaw 12490 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                         WP(C) NO.29580 OF 2022
PETITIONER :-

             PYARY RAJA, AGED 39 YEARS
             S/O. RAJA V.N, ASSISTANT GRADE II,
             KERALA STATE BEVERAGES (M&M) CORPORATION,
             FL 01 - 3014, BY PASS ROAD, ADOOR,
             PATHANAMTHITTA -691 523,
             RESIDING AT MOOLAYIL/191(4/9), PANDALAM,
             PATHANAMTHITTA-689 501.

             BY ADVS.
             P.NANDAKUMAR
             AMRUTHA SANJEEV
             VIVEK VIJAYAKUMAR
             K.G. DEVIPRIYA


RESPONDENTS :-

     1       KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING)
             CORPORATION LIMITED,
             REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR,
             BEVCO TOWER, VIKAS BHAVAN,
             THIRUVANANTHAPURAM - 695 033.

     2       THE GENERAL MANAGER (ADMINISTRATION),
             KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING)
             CORPORATION LIMITED, BEVCO TOWER, VIKAS BHAVAN,
             THIRUVANANTHAPURAM - 695 033.

             BY ADV SRI.NAVEEN.T., SC


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   23.12.2022,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.29580 OF 2022

                                     -: 2 :-


                                 JUDGMENT

Dated this the 23rd day of December, 2022

This writ petition is filed seeking the following reliefs :-

"(i) To call for the records leading to Exhibit P4 and quash the same to the extent it transfers the petitioner to BEVCO warehouse, Chalakudy by the issuance of a writ of certiorari.

(ii) To issue a writ of mandamus directing the respondents to permit the petitioner to continue at BEVCO outlet, Adoor.

(iii) To declare that the transfer ordered against the petitioner as per Exhibit P4 is illegal and unenforceable since the same is punitive in nature."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondents.

3. Pleadings had been placed on record in the writ petition.

An interim order was granted directing the retention of the

petitioner and to continue at FL-01 3014, Adoor. The learned

counsel for the petitioner submits that Ext.P5 request has now been

submitted by the petitioner on 12.12.2022 pointing out the

existence of vacancies at Regional Manager's Office at Thiruvalla,

the Warehouse at Thiruvalla as well as the Warehouse at

Pathanamthitta, which are open vacancies to which the petitioner's

request can be considered.

WP(C) NO.29580 OF 2022

Having considered the contentions advanced, there will

be a direction to the 1st respondent to consider Ext.P5 request

submitted by the petitioner for a transfer to the open vacancies as

mentioned in the request. Appropriate steps shall be taken on

Ext.P5 within a period of three weeks from the date of receipt of a

copy of this judgment. Till such time, the interim order shall remain

in force.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/23.12.2022 WP(C) NO.29580 OF 2022

APPENDIX OF WP(C) 29580/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF REPORT DATED 30.06.2022 SUBMITTED BY THE PETITIONER BEFORE THE INTERNAL AUDITOR OF BEVCO.

Exhibit P2 TRUE COPY OF ORDER DATED 02.08.2022 ISSUED BY THE 1ST RESPONDENT.

Exhibit P3 TRUE COPY OF JOINING REPORT DATED 10.08.2022 OF THE PETITIONER.

Exhibit P4 TRUE COPY OF ORDER DATED 05.09.2022 ISSUED BY THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF TRANSFER APPLICATION DATED 12.12.2022 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

RESPONDENT EXHIBITS

Exhibit R1(a) TRUE COPY OF THE REPORT DATED 25/6/2022 OF THE DISTRICT AUDIT TEAM, KOTTARAKKARA.

Exhibit R1(b) TRUE COPY OF THE REPORT DATED 4/7/2022 OF THE DISTRICT AUDIT TEAM, PATHANAMTHITTA.