K.S.Indira vs Rubber Board
2022 Latest Caselaw 12505 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                   WP(C) NO. 21970 OF 2012


PETITIONER:

          K.S.INDIRA
          W/O.C.K.PRASAD, ASSISTANT,
          RUBBER BOARD REGIONAL OFFICE,
          KOTHAMANGALAM PIN - 686 691 (
          RESIDING AT "LAKSHMI NIVAS", KARUKADOM P.O.,
          KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686 691.)
          BY ----

RESPONDENTS:

    1     RUBBER BOARD
          REPRESENTED BY ITS SECRETARY,
          COLLECTORATE P.O., KOTTAYAM - 686 002.
    2     THE CHAIRMAN
          RUBBER BOARD, COLLECTORATE P.O.,
          KOTTAYAM - 686 002.
    3     THE JOINT DIRECTOR (FINANCE)
          FINANCE AND ACCOUNTS DEPARTMENT, RUBBER BOARD,
          RUBBER BOARD P.O., KOTTAYAM - 686 009.
    4     THE ASSISTANT DIRECTOR FINANCE
          FINANCE AND ACCOUNTS DEPARTMENT, RUBBER BOARD,
          RUBBER BOARD P.O., KOTTAYAM - 686 009.
          BY ADVS.
          SRI.V.ABRAHAM MARKOS
          SRI.BINU MATHEW
          SRI.B.J.JOHN PRAKASH
          SRI.MATHEWS K.UTHUPPACHAN
          SRI.TERRY V.JAMES
          SRI.TOM THOMAS KAKKUZHIYIL


    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.21970/2012

                                        2




                     P.V.KUNHIKRISHNAN, J.
                      --------------------------------
                     W.P.(C).No.21970 of 2012
               ----------------------------------------------
            Dated this the 23rd day of December, 2022


                                 JUDGMENT

This writ petition is filed with following prayers:

i. Declare that Exts. P/4-Memo dated 13.02.2012 and Ext. P10- Memo dated 12.09.2012 are illegal, arbitrary unconstitutional.

ii. Issue a writ of certiorari or other appropriate writ, order or direction calling for the records leading to the issue of Exts. P/4- Memo dated 13.02.2012 and Ext. P/10-Memo dated 12.09.2012 and quash the same.

iii. Declare that the petitioner is entitled to composite transfer grant in accordance with Exts. P/1 and P/2-Government of India orders consequent upon the transfer of the applicant from Kothamangalam to Kottayam as evidenced by Ext. P/3 and accordingly issue a writ of mandamus or appropriate writ or orders directing the respondent Board to release her eligible Composite Transfer Grant.

iv. Award costs of and incidental to this writ petition. WP(C).No.21970/2012

v. Pass such other orders or directions as deemed fit and necessary in the facts and circumstances of the case.

(SIC)

2. When this writ petition came up for consideration,

Registry reported that Adv. T.R. Mohanakumar and Adv. S. Anil

Kumar relinquished vakkalath for the petitioner. There is no

fresh vakkalath received for the petitioner. There is no

representation for the petitioner.

3. In the light of the above, this writ petition need not

be retained indefinitely. If there is any surviving grievance to

the petitioner, she is free to approach the competent authority

among the respondents.

With the above observation, this writ petition is closed.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.21970/2012

APPENDIX OF WPC 21970/2012

PETITIONER'S EXHIBITS:

EXHIBIT P/1- A PHOTOCOPY OF GOVERNMENT OF INDIA ORDER NO (15) UNDER RULE 116 OF SUPPLEMENTARY RULES AS PUBLISHED IN SWAMY'S COMPILATION OF FR SR

EXHIBIT P/2- A PHOTOCOPY OF GOVERNMENT OF INDIA (1) AND (3) UNDER SR 116 AS PUBLISHED ORDERS IN SWAMY'S SUPPLEMENTARY RULES

EXHIBIT P/3- A TRUE COPY OF OFFICE MEMORANDUM NO.3/23/1(3)/2011/EST DATED 12.05.2011 OF THE BOARD.

EXHIBIT P/4- A TRUE COPY OF MEMO BEARING NO F&A/TRANSFER TA/2011-12 DATED 13.02.2012 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P/5- A TRUE COPY OF REPRESENTATION DATED 15.05.2012 OF THE PETITIONER ADDRESSED TO THE 2ND RESPONDENT CHAIRMAN

EXHIBIT P/6- A TRUE COPY OF MEMO NO 2/15/4/2012/P- CORR/EST DATED 30.05.2012 ISSUED BY THE BOARD.

EXHIBIT P/7- A TRUE COPY OF REPRESENTATIONS DATED 19.06.2012 OF THE PETITIONER.

EXHIBIT P/8- A TRUE COPY OF LAST PAY CERTIFICATE BEARING REFERENCE NO F&A/P1-9/2012-2013 DATED 11.06.2012 ISSUED BY THE 3RD RESPONDENT IN RESPECT OF THE PETITIONER

EXHIBIT P/9- A TRUE COPY OF THE SUBMISSION DATED 21.08.2012 OF THE PETITIONER ADDRESSED TO THE 2ND RESPONDENT.

EXHIBIT P/10- A TRUE COPY OF MEMO NO F&A/TRANSFER TA/2011-12 DATED 12TH SEPTEMBER 2012 OF 3RD RESPONDENT