Mathson Mathew vs State Of Kerala
2022 Latest Caselaw 8996 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
                        WP(C) NO. 26558 OF 2021
PETITIONER:

          BIJU P.B.
          AGED 50 YEARS
          ASSISTANT EXECUTIVE ENGINEER, KERALA ROAD FUND BOARD -
          PMU, THIRUVANANTHAPURAM - 695 004.
          BY ADVS.
          B.RAGHUNATHAN
          M.SALIM
          R.SRINATH
          STANLY CHAZHOOR
          K.JALADHARAN
          G.BAIJU
          V.M.JACOB


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,
          PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.
    2     KERALA ROAD FUND BOARD
          REPRESENTED BY CHIEF EXECUTIVE OFFICER, KERALA ROAD
          FUND BOARD, CHANDRASEKHARAN NAIR STADIUM COMPLEX,
          PALAYAM, THIRUVANANTHAPURAM - 695 033.
    3     PROJECT DIRECTOR
          KERALA ROAD FUND BOARD-PMU, BSNL COMPLEX, PMG JUNCTION,
          THIRUVANANTHAPURAM - 695 033.



          BY SRI.SUNIL KURIAKOSE-GP
          BY SRI. MANOJ KUMAR STANDING COUNSEL



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2022, ALONG WITH WP(C).26954/2021, 28217/2021, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).Nos.26558, 26954 &
28217 OF 2021
                                      2



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
                           WP(C) NO. 26954 OF 2021
PETITIONER:

            MATHSON MATHEW,
            AGED 52 YEARS
            ASSISTANT ENGINEER, KERALA ROAD FUND BOARD -PMU, PWD
            BUILDING COMPLEX, MAMMANGALAM, EDAPPALLY, ERNAKULAM-
            682 024.
            BY ADVS.
            ENOCH DAVID SIMON JOEL
            S.SREEDEV
            RONY JOSE(K/705/2012)
            LEO LUKOSE
            SUZANNE KURIAN
RESPONDENTS:

     1      STATE OF KERALA,
            REPRESENTED BY THE PRINCIPAL SECRETARY, PUBLIC WORKS
            DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695 001.
     2      KERALA ROAD FUND BOARD,
            REPRESENTED BY CHIEF EXECUTIVE OFFICER, KERALA ROAD
            FUND BOARD, CHANDASEKHARAN NAIR STADIUM COMPLEX,
            PALAYAM, THIRUVANANTHAPURAM-695 033.
     3      PROJECT DIRECTOR, KERALA ROAD FUND BOARD-PMU,
            BSNL COMPLEX, PMG JUNCTION, THIRUVANANTHAPURAM-695
            033.
     4      THE KERALA INFRASTRUCTURE INVESTMENT FUND BOARD
            (KIIFB),
            REPRESENTED BY THE CHAIRMAN, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695 001.
            BY ADV K.V.MANOJ KUMAR
            BY SRI.SUNIL KURIAKOSE-GP
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2022, ALONG WITH WP(C).26558/2021 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).Nos.26558, 26954 &
28217 OF 2021
                                      3



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
                           WP(C) NO. 28217 OF 2021
PETITIONER:

            SHANITH P.M.
            AGED 48 YEARS
            S/O. SREENIVASAN P. M., 38/1730, MAVILIPARAMBATH
            HOUSE, EDAKKAD P. O., KOZHIKODE - 673 005.
            BY ADVS.
            T.D.SUSMITH KUMAR
            T.O.DEEPA


RESPONDENTS:

     1      STATE OF KERALA
            REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,
            PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001.
     2      KERALA ROAD FUND BOARD
            CHANDRASEKHARAN NAIR STADIUM COMPLEX, PALAYAM,
            THIRUVANANTHAPURAM - 695 033., REPRESENTED BY ITS
            CHIEF EXECUTIVE OFFICER.
     3      PROJECT DIRECTOR
            KERALA ROAD FUND BOARD - PMU, BSNL COMPLEX, PMG
            JUNCTION, PALAYAM, THIRUVANANTHAPURAM - 695 033.
            BY ADV K.V.MANOJ KUMAR
            BY SRI. M. RAJEEV, GOVERNMENT PLEADER



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2022, ALONG WITH WP(C).26558/2021 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).Nos.26558, 26954 &
28217 OF 2021
                                      4


                           JUDGMENT

Dated this the 27th day of July, 2022

These writ petitions are filed challenging the

orders of transfer of the petitioners who are

deputationists from the PWD to the Kerala Road Fund

Board .

2. Learned counsel for the petitioners submits that

they had been posted on deputation from the Public

Works Department of the State to the Kerala Road Fund

Board, in the year 2020. It is submitted that by the

impugned orders of transfer, they have been transferred

out without any authorities or law, by the Project Director,

who is by no stretch of imagination, their appointing

authority. It is also contended that permission of the

appointing authority has also not been obtained for their

transfers and that the transfers in the middle of the

academic year to far away places is causing undue

hardship and difficulty to the petitioners. They also

contend that the authority which has passed the orders of WP(C).Nos.26558, 26954 & 28217 OF 2021

transfer, has no authority or power to issue such orders.

3. A statement has been placed on record by the

respondents contending that the petitioners stand

deputed to the KRFB and that the orders under challenge

are not orders of transfer passed by the Project Director

and are only work arrangements made by the Project

Director in the interest of the institution. It is further

contended that in case there are any specific complaints

with regard to the work arrangements effected, the

petitioners are free to approach the Project Director, who

will specifically consider the grievances of the petitioners

and pass orders thereon. It is submitted that the

contentions of the petitioners on merits with regard to the

difficulties faced by the orders shall also be considered by

the Project Director and appropriate orders shall be issued

thereon. It is further submitted that the petitioner in W.P.

(C) No.28217 of 2021, is presently under orders of

suspension and that there is an OA pending before the

before the KAT with regard to the said suspension. WP(C).Nos.26558, 26954 & 28217 OF 2021

4. Having considered the contentions advanced

and in view of the fact that the petitioners contend that

they have been deputed to far off places without proper

authority, I am of the opinion that the issue requires a

consideration. In case the petitioners submit detailed

representations before the Project Director, pointing out

their grievances against the arrangements now made,

which are impugned in these writ petitions, the issue shall

be appropriately considered by the Project Director. The

Project Director shall also consider, whether it is

necessary to move the petitioners out to distant places or

whether they can be accommodated in projects near the

divisions where they were originally deputed and a

speaking order shall be passed. The individual

grievances of the petitioners shall also be highlighted in

the representations, which will also be considered by the

Project Director.

The petitioners shall approach the Project

Director with appropriate representations within ten days WP(C).Nos.26558, 26954 & 28217 OF 2021

from the date of receipt of a copy of this judgment and

appropriate orders shall be passed within a period of two

weeks thereafter. It is made clear that the question of

jurisdiction of the Project Director to pass the orders of

transfer and all other contentions raised by the petitioners

in these writ petitions with regard to the power of the

Project Director to transfer the petitioners without

obtaining permissions from the Government and left

open. The interim order shall remain in force till orders

are passed as directed.

The writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/27/07 WP(C).Nos.26558, 26954 & 28217 OF 2021

APPENDIX OF WP(C) 26558/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF ORDER NO.6338/KRFB-

KIIFB/2021 DATED 23/11/2021 OF 3RD RESPONDENT.

Exhibit P2 TRUE COPY OF GO(RT) NO.886/2020/PWD DATED 30/10/2020.

Exhibit P3 TRUE COPY OF ORDER NO.1788/A1/KRFB/2020 DATED 4/11/2020 OF 2ND RESPONDENT.

WP(C).Nos.26558, 26954 & 28217 OF 2021

APPENDIX OF WP(C) 26954/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NUMBERED AS NO.EB3/7256/2017 AND DATED 13.08.2018 ISSUED BY THE CHIEF ENGINEER, PWD, ADMINISTRATION.

Exhibit P2 TRUE COPY OF THE ORDER NUMBERED AS NO.EB3/7256/2017 VOL. II AND DATED 14.11.2019 ISSUED BY THE CHIEF ENGINEER, PWD, ADMINISTRATION. Exhibit P3 TRUE COPY OF THE ORDER NUMBERED AS NO.1788/KRFB/2020 AND DATED 04.11.2020 ISSUED BY THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE ORDER NUMBERED AS NO.8338/KRFB/KIIFB/2021 AND DATED 23.11.2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE LETTER DATED 25.11.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE INTERIM ORDER DATED 25.11.2021 IN WPC NO.26558/2021 ON THE FILES OF THIS HON'BLE COURT.

Exhibit P7 A TRUE COPY OF THE LETTER DATED 25.11.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WP(C).Nos.26558, 26954 & 28217 OF 2021

APPENDIX OF WP(C) 28217/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO.1788/A1/KRFB/2020 DATED 04.11.2020 ISSUED BY CHIEF EXECUTIVE OFFICER, KRFB, THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF ORDER NO.6338/KRFB-

KIIFB/2021 DATED 23.11.2021 ISSUED BY PROJECT DIRECTOR, KERALA ROAD FUND BOARD - PMU.

Exhibit P3 TRUE COPY OF ORDER NO.6338/KRFB-

KIIFB/2021 DATED 04.12.2021 ISSUED BY PROJECT DIRECTOR, KERALA ROAD FUND BOARD - PMU.

Exhibit P4 TRUE COPY OF THE FINAL REPORT ISSUED FROM THE DEPARTMENT OF CLINICAL BIOCHEMISTRY DATED 12.11.2021 ISSUED FROM DDRC SRL DIAGNOSTICS PRIVATE LIMITED, ERANHIPPALAM, KOZHIKODE - 673

Exhibit P5 TRUE COPY OF THE REPORT DATED 08.01.2021 PERTAINING TO OTOENDOSCOPY ISUED FROM DR. SANKAR'S ENT CENTRE AND HEARING AID CENTRE, POTTAMMAL, CALICUT

- 673 016.

Exhibit P6 TRUE COPY OF THE ULTRASOUND SONOGRAPHY REPORT DATED 08.01.2021 ISSUED ASWINI POLY CLINIC, JAIL ROAD, CALICUT - 673

Exhibit P7 TRUE COPY OF THE REQUEST LETTER DATED 05.11.2021 ADDRESSED TO THE 3RD RESPONDENT.

Exhibit P8 TRUE COPY OF ORDER DATED 25.11.2021 IN WP(C) NO.26558 OF 2021 ON THE FILE OF THE HON'BLE HIGH COURT OF KERALA. Exhibit P-9 A true copy of Order No. KRFB-PMU/KKD-

WYD/ Distribution/2021/08 dated 18-04- 2022 issued by Executive Engineer, KRFB, Kozhikode/Wayanad Division.

   SSK                     //TRUE COPY//      PA TO JUDGE