Jithesh .K vs The Kerala State Beverages ...
2022 Latest Caselaw 7579 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                        WP(C) NO. 16429 OF 2022
PETITIONER:

           JITHESH .K.,
           AGED 32 YEARS
           ASSISTANT GR-II, FL 01-14003, KERALA STATE BEVERAGES
           (MANUFACTURING AND MARKETING CORPORATION) LTD,
           PERALUDUKKA, KASARAGODE, (AGED 32 YEARS, S/O
           BALANARAYANAN, NARAYANA NILAYAM, CHERPLASSERI
           OTTAPALAM, PALAKKAD DISTRICT, PIN-679 303.
           BY ADVS.
           P.SAMSUDIN
           M.ANUROOP
           LIRA A.B.


RESPONDENTS:

    1      THE KERALA STATE BEVERAGES (MANUFACTURING AND
           MARKETING) CORPORATION LTD.,
           REPRESENTED BY ITS MANAGING DIRECTOR, BEVCO TOWER,
           VIKAS BHAVAN, PALAYAM PO, THIRUVANANTHAPURAM, PIN-695
           033.
    2      MANAGING DIRECTOR,
           THE KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING
           CORPORATION) LTD, BEVCO TOWER, VIKAS BHAVAN, PALAYAM
           PO, THIRUVANANTHAPURAM, PIN-695 033.
    3      WARE HOUSE MANAGER,
           BEVCO WARE HOUSE BATTATHUR, BATTATHUR P.O., KASARGODE
           DISTRICT, PIN- 671 532.
           BY SRI.T.NAVEEN, SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.16429 OF 2022

                                                           2




                                              JUDGMENT

Dated this the 24th day of June, 2022

This writ petition is filed seeking the

following reliefs:

"i) issue a writ of certiorari or any other appropriate writ order or direction, calling for the records leading to Exbt-P7 order issued by the 2 nd respondent and quash the same

ii) issue a writ of mandamus or any other appropriate writ order or direction, directing the respondents to post the petitioner against any vacancies of Assistant Gr-ll either in Malappuram or in Palakkad District

iii) issue a writ of mandamus or any other appropriate writ order or direction, directing the 2nd respondent to consider Exbt-P8 representation and pass favourable orders expeditiously."

2. Heard the learned counsel for the

petitioner and the learned Standing Counsel

appearing for respondents.

3. It is submitted by the learned counsel for W.P.(C)No.16429 OF 2022

the petitioner that the petitioner has been

repeatedly transferred and the ailments and the

difficulty faced by the petitioner have not been

considered, while transferring the petitioner. It is

submitted that Exhibit P8 representation has been

filed by the petitioner before the 2 nd respondent

and the same is liable to be considered at the

earliest, in view of the facts stated therein.

Having considered the contentions

advanced and having heard the learned Standing

Counsel also, there will be a direction to the 2 nd

respondent to take up Exhibit P8 representation

submitted by the petitioner and to consider and

pass orders on the same, after considering the

materials, if any, to be produced by the petitioner

also within a period of three weeks from the date

of receipt of a copy of this judgment. The

petitioner may produce a copy of this judgment W.P.(C)No.16429 OF 2022

along with any material that he wishes to rely on,

before the 2nd respondent, for compliance.

Sd/-

ANU SIVARAMAN JUDGE SSK/24/06 W.P.(C)No.16429 OF 2022

APPENDIX

PETITIONER'S EXHIBITS:

                     TRUE     COPY      OF     THE     ORDER      NO.
 Exhibit P1

17148/AE3(C)/2021/KSBC DATED 01-11-2021 . TRUE COPY OF THE COPY OF THE POSTING ORDER Exhibit P2 ISSUED BY THE MANAGER, BATTATHUR WARE HOUSE DATED 02-02-2022.

TRUE COPY OF THE OF THE WRITTEN STATEMENT OF Exhibit P3 DEFENSE SUBMITTED BY THE PETITIONER BEFORE THE REGIONAL WARE HOUSE MANGER DATED 14-03-2022. TRUE COPY OF MEDICAL CERTIFICATE OF THE MOTHER Exhibit P4 OF THE PETITIONER.

TRUE COPY OF THE MEDICAL CERTIFICATE OF THE Exhibit P5 PETITIONER.

TRUE COPY OF THE REPRESENTATION DATED 16-02- Exhibit P6 2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

TRUE COPY OF THE TRANSFER ORDER DATED 26-04- Exhibit P7 2022 ISSUED BY THE 2ND RESPONDENT. TRUE COPY OF THE REPRESENTATION DATED 15-05- Exhibit P8 2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

 SSK                          //TRUE COPY//         PA TO JUDGE