Sreelekha ะก.ะš vs State Of Kerala
2024 Latest Caselaw 28917 Ker

Kerala High Court

Sreelekha ะก.ะš vs State Of Kerala on 3 October, 2024

                                                      2024:KER:73273

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

     THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946

                        WP(C) NO. 34423 OF 2024

PETITIONER:

          SREELEKHA С.К.
          AGED 48 YEARS
          W/O. SATHEESHKUMAR RESIDING AT V.S. VIHAR, PRAYAR P.O,
          OCHIRA, ALLEPPEY – PIN 690 547 WORKING AS HEAD
          CLERK, PUBLIC HEALTH SECTION PULLAD, PATHANAMTHITTA,
          PIN - 689548


          BY ADV E.NARAYANAN


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY IT'S SECRETARY DEPARTMENT OF WATER
          RESOURCES, ROOM NO.377, FIRST FLOOR, MAIN BLOCK,
          SECRETARIAT, TRIVANDRUM, PIN - 695001

    2     THE KERALA WATER AUTHORITY
          REPRESENTED BY ITS CHAIRMAN AND ADDITIONAL CHIEF
          SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    3     THE DEPUTY CHIEF ENGINEER (GENERAL)
          KERALA WATER AUTHORITY, JALA BHAVAN VELLAYAMBALAM, PIN
          - 695033

    4     CHIEF ENGINEER (GENERAL)
          KERALA WATER AUTHORITY, JALA BHAVAN VELLAYAMBALAM, PIN
          - 695033
 WP(C) NO. 34423 OF 2024                 2



                                                   2024:KER:73273
     5       THE MANAGING DIRECTOR
             KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM,
             PIN - 695033

     6       THE EXECUTIVE ENGINEER
             KERALA WATER AUTHORITY ALAPPUZHA VAZHICHERRY WARD,
             SEA VIEW WARD, ALAPPUZHA, PIN - 688001


             BY ADVS. P.M. JOHNY- (SC)
                      SMT. MARY BEENA JOSEPH (GP)



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.10.2024,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 34423 OF 2024               3



                                                    2024:KER:73273
                            JUDGMENT

In response to the Ext.P1 notification inviting applications

for general transfer issued by the 2nd respondent, the petitioner

submitted Ext.P2 application providing five options of stations to

which she prefers to be transferred. When the draft list was

published, the petitioner was proposed to be transferred to one of

the stations to which she opted, but in the Ext. P6 final list, the

petitioner was transferred to another station which she did not opt.

Being aggrieved by the same, the petitioner submitted Ext.P10

representation which was directed to be disposed of by this Court

as per Ext.P11 judgment dated 02.09.2024.

2. Subsequently, the petitioner submitted another

representation, which is Ext. P13, wherein it was pointed out that

certain other promotions are likely to occur in the establishment,

and in such an event, more vacancies are likely to arise. It was

also pointed out that some of those vacancies are in the stations

where the petitioner had opted for.

3. In such circumstances, she seeks for a further

direction to consider Ext.P13 as well. The learned Standing

2024:KER:73273 nd Counsel for the 2 respondent opposed the same.

4. After hearing both sides, I am of the view that, as

Ext.P10 representation is already pending consideration before the

4th respondent, I do not find it necessary to issue a specific

direction to consider Ext.P13 as such. However, it shall be open

for the petitioner to bring the aspects mentioned in Ext.P13, before

the 4th respondent when he is being heard in connection with the

Ext.P10 representation. In such circumstances, by making the

above clarification, this Writ Petition is disposed of.

Sd/-

ZIYAD RAHMAN A.A. JUDGE mus

2024:KER:73273 APPENDIX OF WP(C) 34423/2024

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE CIRCULAR BEARING NUMBER KWA-JB/2224/2024/2024-E1-PART(1 DATED 09-05-2024

EXHIBIT P2 THE TRUE COPY OF THE APPLICATION FOR TRANSFER DATED 24-05-24 SUBMITTED BY THE PETITIONER

EXHIBIT P3 TRUE COPY OF THE DRAFT LIST BEARING NUMBER KWA/JB/4577/2024-E9 DATED 04-06-

EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 05-06- 2024 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT

EXHIBIT P5 TRUE COPY OF THE DRAFT LIST BEARING NUMBER KWA-JB/4577/2024 – E9 DATED 23-06-2024

EXHIBIT P6 TRUE COPY OF THE ORDER BEARING NUMBER KWA-JB/4577/2024-E9 DATED 22-08-2024

EXHIBIT P7 TRUE COPY OF THE ORDER OF TRANSFER BEARING NUMBER KWA/JB/E9/2078/2007(II) DATED 22-08-2024

EXHIBIT P8 TRUE COPY OF THE ORDER OF PROMOTION BEARING NUMBER KWA/JB/E.9/2078/2007 (II) DATED 01-12-2020

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 13-08-2021 BEARING NUMBER KWA/JB/E.9/2078/2007 (II)

EXHIBIT P10 A TRUE COPY OF THE REPRESENTATION DATED 23-08-2024 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT

EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 02-09-

2024:KER:73273 EXHIBIT P12 TRUE COPY OF THE COVERING LETTER DATED 05-09-24

EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 21- 09-24 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT

EXHIBIT P14 TRUE COPY OF THE POSTAL RECEIPT DATED 23- 09-24

EXHIBIT P15 THE TRUE COPY OF THE PRINT OUT OF THE TRACKING REPORT OF THE EXHIBIT P13 REPRESENTATION

EXHIBIT P16 TRUE COPY OF THE ORDER FOR TRANSFER WITH PROMOTION DATED 28-09-24 BEARING NUMBER KWA/JB/4293/2024-E9