Santhosh.A.K vs The Kerala State Co-Operative ...
2023 Latest Caselaw 2033 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
            FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                                WP(C) NO. 2933 OF 2023
PETITIONER:

              SANTHOSH.A.K.
              AGED 56 YEARS,
              S/O KRISHNANKUTTY, ANJALASSERY HOUSE, NJARAKKAL, ERNAKULAM -
              682505,WORKING AS FARM WORKER, MATSYAFED NET FACTORY, MARINE
              DRIVE, ERNAKULAM, PIN - 682018.

              BY ADVS.
              A.V.JOJO
              A.X.VARGHESE
              AMALA SURESH



RESPONDENTS:

     1        THE KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES
              DEVELOPMENT LTD.
              REPRESENTED BY ITS MANAGING DIRECTOR, MATSYAFED,
              KAMALESWARAM, THIRUVANANTHAPURAM, PIN - 695009

     2        THE GENERAL MANAGER, KERALA STATE CO-OPERATIVE FEDERATION FOR
              FISHERIES DEVELOPMENT LTD., (MATSYAFED)
              KAMALESWARAM, THIRUVANANTHAPURAM, PIN - 695009

     3        THE MANAGER
              MATSYAFED NET FACTORY, MARINE DRIVE, ERNAKULAM, PIN - 682018


OTHER PRESENT:

              SHRI. T.P.PRADEEP ,SC, MATSYAFED.




     THIS     WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                       SATHISH NINAN, J.
           = = = = = = = = = = = = = = = = = =
                 W.P.(C) No.2933 of 2023
           = = = = = = = = = = = = = = = = = =
         Dated this the 3rd day of February, 2023

                       J U D G M E N T

Ext.P1 order of transfer, as affirmed by Ext.P4

order, is under challenge in this writ petition.

2. The petitioner is employed under the first

respondent. As per Ext.P1 office order dated 13.12.2022,

petitioner was transferred from the third respondent

office, where he is presently working, to Matsyafed

Fishmeal Plant, Azheekode. Challenging Ext.P1 order of

transfer, the petitioner filed Ext.P2 appeal. As per the

judgment in W.P.(C) No.41587/2022, this Court directed

consideration of the appeal after affording an

opportunity of hearing to the petitioner. Thereafter, as

per Ext.P4 order, the order of transfer (Ext.P1) was

affirmed. The same is under challenge.

3. Heard learned counsel on either side.

4. One of the grounds on which transfer is sought

is the medical condition of the petitioner. According to W.P.(C) No.2933 of 2023

him, he had undergone a surgery recently for removal of

growth in the kidney and hence is not in a position to

travel long distance. In Ext.P4 order, the authority

found that, going by the medical records the surgery was

in the year 2014 and that the latest medical record

produced is, a prescription from the hospital issued on

30.09.2019. No document later in point of time with

regard to the medical condition was produced to prove

the said contention of the petitioner.

5. Though the petitioner contended that he has only

two years for retirement and that as per the Rules, he

is entitled for a posting at the station of his choice,

no such rules/circular was placed before the authority.

Though before this Court, the learned counsel for the

petitioner would refer to the provision in the Kerala

Service Rules, it has not been adopted by the first

respondent.

W.P.(C) No.2933 of 2023

6. In Ext.P4 order it is noticed that, the

petitioner completed a tenure of four years and ten

months at the place where he is presently working. The

order also noticed that, from the place of residence of

the petitioner, the difference in distance to the

present place of transfer is only seven kilometres via

jangar, than the place where he was working.

7. In Ext.P4 order it is noticed that the transfer

is on administrative exigencies, the urgent requirement

of two workers at the Matsyafed Fishmeal Plant,

Azheekode.

No circumstances are made out seeking interference

with Exts.P1 and P4. Writ petition fails and is

accordingly dismissed.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 2933/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE OFFICE ORDER DATED 13/12/2022 ISSUED BY THE 1ST RESPONDENT

Exhibit P2 THE TRUE COPY OF THE REPRESENTATION DATED 15/12/2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit P3 THE TRUE COPY OF THE JUDGMENT DATED 21/12/2022 IN W.P(C) 41587/2022

Exhibit P4 THE TRUE COPY OF THE ORDER NO.MFED/E3/42617/2022 DATED 17/1/2023 ISSUED BY THE 1ST RESPONDENT

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