Kerala High Court
Ambujakshan.S vs The Managing Director on 12 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15470 OF 2024
PETITIONER/S:
AMBUJAKSHAN.S
AGED 59 YEARS, S/O.LATE K.SREEDHARAN ABKARI WORKER C1,
(NOW UDC) FL1 3005, KULANADA PATHANAMTHITTA-689503
RESIDING AT SANTHOSH BHAVANAM, PANAYIL P.O,
NOORANADU, ALAPPUZHA, PIN - 690504
BY ADVS. C.S.AJITH PRAKASH T.K.DEVARAJAN BABU M.
M.B.SOORI ANCY THANKACHAN NIDHIN RAJ VETTIKKADAN
AKASH JOSHI XAVIER K.K.
RESPONDENT/S:
1 THE MANAGING DIRECTOR
KERALA STATE BEVERAGES (M&M) CORPORATION LTD., BEVCO
TOWER, VIKAS BHAVAN P.O., PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033
2 THE GENERAL MANAGER (ADMIN)
KERALA STATE BEVERAGES (M&M) CORPORATION LTD., BEVCO
TOWER, VIKAS BHAVAN P.O., PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033
3 THE WAREHOUSE MANAGER
KERALA STATE BEVERAGES (M&M) CORPORATION LTD,
PATHANAMTHITTA , THIRUVALLA , REVENUE TOWER, REVENUE
TOWER ROAD,THIRUVALLA, KERALA, PIN - 695101
OTHER PRESENT:
SC SRI. NAVEEN T.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC 15470/2024
-2-
JUDGMENT
(Dated this the 12th day of April 2024)
This writ petition is filed to call for records leading to
Ext.P1 transfer order and cancel or set aside the order. A
further direction is also sought to quash Ex.P7. By Ext.P5
judgment of this Court, the 1st respondent was directed to take
up the representation dated 17.01.2023 filed by the petitioner
and to pass appropriate orders within a period of three weeks
from the date of receipt of the judgment. The petitioner was
also free to file an additional representation if so advised.
Ext.P6 is the representation filed by the petitioner on
18.03.2024, and Ext.P7 is the order passed pursuant to the
direction of this Court in Ext.P5 judgment.
2. A perusal of Ext.P5 would show that the issue to be
considered regarding the sub-clause (xi) of clause 10 of G.O.(P)
No.3/2017 dated 25.02.2017 was not taken into consideration.
3. The Standing Counsel, on instructions, submits that
he may be permitted to withdraw Ext.P7 and a direction may
be issued to the 1st respondent to reconsider the issue in the
light of the judgment of this Court in Ext.P5.
Therefore, the 1st respondent is given liberty to withdraw
Ext.P7, and the 1st respondent is directed to take up Ext.P6
representation and pass fresh orders, in tune with the
directions already issued in Ext.P5 judgment. The petitioner is
also free to point out the vacancies available. The orders shall
be passed within one month from the date of receipt of a copy
of this judgment. Till such time, the petitioner shall be allowed
to continue in the same shop.
The writ petition is disposed of accordingly.
Sd/-
BASANT BALAJI
JUDGE
JS
APPENDIX OF WP(C) 15470/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER OF TRANSFER
NO.33631/AE7/2023/KSBC DATED 29-2-2024 ISSUED BY THE
2ND RESPONDENT
Exhibit P2 . A TRUE COPY OF THE GO(P) NO.3/2017 DATED 25-2-2017
DEALING WITH THE GENERAL GUIDELINES RELATED TO
TRANSFER AND POSTING
Exhibit P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT DATED 17-1-2023
REQUESTING FOR A TRANSFER TO A NEAR BY FL SHOP
Exhibit P4 A TRUE COPY OF THE MRI SCAN REPORT OF THE LEFT KNEE
PREPARED BY MUTHOOT SCAN MRI-CT LAB OF THE
PETITIONER
Exhibit P5 A TRUE COPY OF THE JUDGMENT IN WP©.9098/2024 DATED
07-03-2024
Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED 18-3-2024
WITHOUT ITS ANNEXURES
Exhibit P7 A TRUE COPY OF THE ORDER REJECTING THE TRANSFER
REQUEST OF THE PETITIONER NO.7946/AE7/2024/KSBC DATED
22-03-2024 ISSUED BY THE 2ND RESPONDENT
Exhibit P8 A TRUE COPY OF THE RELIEVING ORDER ISSUED BY THE
MANAGER PATHANAMTHITTA WAREHOUSE DATED 28-3-2024
Exhibit P9 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 22-3-2024
ISSUED BY THE 2ND RESPONDENT
Exhibit P10 A TRUE COPY OF THE CHARGESHEET ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER DATED 15-3-2024
Exhibit P11 A TRUE COPY OF THE STATEMENT ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER DATED 15-3-2024
Exhibit P12 A TRUE COPY OF THE LIABILITY FIXATION STATEMENT
CONTAINING THE NAME OF THE PETITIONER ISSUED BY THE
INTERNAL AUDITOR DATED 01.06.2019
Exhibit P13 A TRUE COPY OF THE LIABILITY FIXATION STATEMENT
COVERING THE PERIOD FROM 01.12.2018 TO 31.12.2018
Exhibit P14 A TRUE COPY OF THE JUDGMENT IN WPC 23613/2019 DATED
30.08.2019
Exhibit P15 A TRUE COPY OF THE ONE SUCH JOINT WRITTEN
SUBMISSIONS SUBMITTED BY THE PETITIONER ALONG WITH
TWO OTHER AFFECTED PARTIES DATED 07.11.2019
Exhibit P16 A TRUE COPY OF THE INTERIM ORDER DATED 05. 03.2020 IN
W.P.(C) 33573/2019
