Kerala High Court
Karthika Bhasker vs Additional Skill Acquisition ... on 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 13TH DAY OF APRIL 2023/23RD CHAITHRA, 1945
WP(C) NO. 6815 OF 2023
PETITIONER:
KARTHIKA BHASKER
AGED 32 YEARS
D/O.TG BHASKARAN, DISTRICT PROGRAM MANAGER -
ERNAKULAM
ASAP COMMUNITY SKILL PARK,
HMT COLONY P.O., KALAMASSERY 683503
RESIDING AT THANDAMPALLY HOUSE, KAYANTINKKARA
MUPPATHADAM P.O., ALUVA, PIN - 683110
BY ADVS.
MANU GOVIND
A.JAYASANKAR
RESPONDENTS:
1 ADDITIONAL SKILL ACQUISITION PROGRAM KERALA
THIRUVANANTHAPURAM REPRESENTED BY ITS
CHAIRPERSON & MANAGING DIRECTOR, CV RAMAN
PILLAI ROAD, OPPO. GOVERNMENT COLLEGE,
THIRUVANANTHAPURAM, PIN - 695014
2 HEAD FINANCE
ADDITIONAL SKILL ACQUISITION PROGRAM KERALA,
CV RAMAN PILLAI ROAD, OPPO. GOVERNMENT COLLEGE,
THIRUVANANTHAPURAM, PIN - 695014
3 VARGHESE GEORGE
DISTRICT PROGRAM MANAGER, ASAP KERALA,
THODUPUZHA., IDUKKI 685584, PIN - 685584
BY ADV K.V.SOHAN, SC, ADDITIONAL SKILL
ACQUISITION PROGRAMME KERALA (ASAP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.04.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.6815/2023
:2:
N. NAGARESH, J.
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W.P.(C) No.6815 of 2023
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Dated this the 13th day of April, 2023
JUDGMENT
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The petitioner, who joined services in the
Additional Skill Acquisition Program, Kerala as Program
Manager on 01.07.2013, seeks to set aside Ext.P5 order
dated 18.02.2023 in so far as it transfer the petitioner from
Ernakulam to Thiruvananthapuram.
2. The petitioner states that she was appointed as
Program Manager in Perumbavoor on 01.07.2013. She was
posted as Program Manager-in-charge of the Skill
Development Centre, North Paravur in March, 2014. She
was again transferred and posted as Program Manager-in-
charge of Skill Development Centre, Aluva in November,
2014.
W.P.(C) No.6815/2023
3. The petitioner states that she was designated as
District Program Manager in November, 2016 and was
posted at Alappuzha. She was further transferred to
Kottayam in April, 2018. In October, 2018, the petitioner was
transferred and posted as Senior Program Manager-in-
charge in Community Skill Park, Perumbavoor. In July,
2011, the petitioner was transferred and posted as District
Program Manager, Alappuzha.
4. The petitioner submits that her father met with an
accident on 20.01.2022 and was admitted in Medical College
Hospital, Thiruvananthapuram in a serious condition. He had
to undergo a complicated surgery and was in ICU till
14.02.2022. He was shifted to Saraf Hospital, Ernakulam
thereafter. During this period, the petitioner was transferred
to Thiruvananthapuram as per Ext.P2. As the petitioner was
the only relative available to treat her father, the petitioner
could not go and join at Thiruvananthapuram. The petitioner
therefore submitted Ext.P3 via e-mail on 05.03.2022. Ext.P3
request was not favourably considered and the petitioner
W.P.(C) No.6815/2023
was forced to join at Thiruvananthapuram.
5. In May, 2022, the petitioner was transferred to
Kalamassery. She joined the Kalamassery Unit on
08.06.2022. To the surprise of the petitioner, the 2 nd
respondent has now issued an order transferring the
petitioner back to Thiruvananthapuram as per Ext.P5 order
dated 18.02.2023. Among the six incumbents transferred as
per Ext.P5, the rest of employees were transferred according
to their convenience and to their preferred stations. The
petitioner alone has been discriminated. The petitioner
therefore submitted Ext.P6 request and prayed to reconsider
the transfer order. The petitioner would urge that she is in a
pathetic situation where her father sustained injury. He is
paralysed and is suffering from memory loss. Transferring
the petitioner from Kalamassery to Thiruvananthapuram at
this stage would be harsh and inhuman.
6. Respondents 1 and 2 resisted the writ petition.
The respondents pointed out that while joining service, the
petitioner had executed an undertaking to the effect that the
W.P.(C) No.6815/2023
petitioner would work anywhere in the State, Country or
outside as per requirements of the Company. In the nearly
10 years of service of the petitioner, she has worked for
nearly 7 years in Ernakulam. The service of the petitioner at
the Head Quarters in Thiruvananthapuram has been
minimal.
7. Respondents 1 and 2 submitted that Program
Managers are transferred to Head Quarters,
Thiruvananthapuram based on multiple criteria including
experience and ability. The petitioner was transferred to
Head Quarters following the criteria. Respondents 1 and 2
submitted that there is an acute shortage of Program
Managers and therefore there is need for posting the
petitioner at Thiruvananthapuram for the effective operation
of the Organisation. The writ petition is therefore without any
merit and it is liable to be dismissed.
8. I have heard the learned counsel for the petitioner
and the learned Standing Counsel representing respondents
1 and 2.
W.P.(C) No.6815/2023
9. The petitioner was initially appointed as Program
Manager in Perumbavoor in the year 2013. In the year 2014,
she was posted at North Paravur. In the same year, the
petitioner was transferred to Aluva. All these transfers were
within various stations in Ernakulam District. Though the
petitioner was posted as District Program Manager in
November, 2016 at Alappuzha, she was transferred to
Kottayam in April, 2018. The petitioner was again posted in
Ernakulam District in October, 2018, at Perumbavoor.
10. On 27.05.2022, the petitioner was again posted as
District Program Manager at Kalamassery as per Ext.P4. It
was thereafter that the petitioner was transferred to Head
Quarters at Thiruvananthapuram on 18.02.2023. The
service history of the petitioner would show that out of the
nearly 10 years total service of the petitioner, she has been
working in Ernakulam District for nearly 7 years. The out of
District service of the petitioner was for 1 year and 11 months
in Alappuzha District and 6 months in Kottayam District, both
of which are Districts adjoining Ernakulam. The service of
W.P.(C) No.6815/2023
the petitioner at Head Quarters, Thiruvananthapuram is
minimal.
11. The Board of Directors of the 1 st respondent
resolved to constitute a Managed Service Division in
Thiruvananthapuram to develop courses and to provide
customised services to the government and non-government
organisations. The 1st respondent therefore required to
appoint experienced Program Managers in the newly formed
Division. It was in the interest of administration that the
petitioner has been transferred to Head Quarters,
Thiruvananthapuram. While joining service, the petitioner
has executed an undertaking agreeing to work anywhere in
the State, Country or outside as per requirements of the
Company. In such circumstances, the petitioner cannot
justifiably challenge Ext.P5 transfer order.
The writ petition is therefore found to be devoid of
any merit and hence the same is dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/12.04.2023
W.P.(C) No.6815/2023
APPENDIX OF WP(C) 6815/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE TRANSFER ORDER DATED
20.07.2021 ISSUED BY THE FIRST
RESPONDENT
Exhibit P2 TRUE COPY OF THE ORDER DATED
01.03.2022 OF THE FIRST RESPONDENT
Exhibit P3 TRUE COPY OF THE REQUEST MADE BY THE
PETITIONER BEFORE THE FIRST RESPONDENT
VIA EMAIL ON 05.03.2022
Exhibit P4 TRUE COPY OF THE ORDER DATED
27.05.2022 ISSUED BY THE FIRST
RESPONDENT
Exhibit P5 TRUE COPY OF THE ORDER DATED
18.02.2023 OF THE 2ND RESPONDENT
Exhibit P6 TRUE COPY OF THE REQUEST FORWARDED BY
EMAIL ON 25.02.2023
Exhibit P7 TRUE COPY OF THE INTERIM ORDER DATED
27.02.2023 IN WPC 6815 OF 2023 OF THIS
HONOURABLE COURT
Exhibit P8 TRUE COPY OF THE EMAIL COMMUNICATION
DATED 28.02.2023
Exhibit P9 TRUE COPY OF THE PROCEEDINGS NO.
ASAPHQ/973/2021-HR-PART (3) DATED
27.02.2023
RESPONDENT ANNEXURES
Annexure6 True Copy of General Proceedings
ASAPHQ/973/2021-HR-Part(3) Dated :
27.02.2023
PETITIONER EXHIBITS
Exhibit P10 TRUE COPY OF THE LETTER SENT ON
28.02.2023 VIA EMAIL TO THE 2ND
RESPONDENT BY THE PETITIONER
RESPONDENT ANNEXURES
Annexure1 True Copy of GO. (Ms). No 28/2021/HEDN
dated 19.01.2021
Annexure2 True Copy of Government Letter
A1/112/2021 Dated 19.07.2021
Annexure3 True Copy of the Undertaking executed
by the Petitioner
W.P.(C) No.6815/2023
Annexure4 True copy of the General Proceeding No
ASAPHQ/973/2021-HR dated 01.03.2022
Annexure5 True Copy of General Proceedings No
ASAPHQ/468/2021-HR dated 27.05.2022
Annexure7 chronology of events
PETITIONER EXHIBITS
Exhibit P11 True copy of the email communication
from the third respondent to the 2nd
respondent sent on 27.02.2023
