Kerala High Court
George John vs The Kerala State Khadi And Village ... on 11 September, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:69138
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024/20TH BHADRA, 1946
WP(C) NO. 31255 OF 2024
PETITIONER:
GEORGE JOHN
AGED 48 YEARS
S/O. C.I. GEORGE,
WORKING AS UPPER DIVISION TYPIST,
DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE AT
KOLLAM, NOW RESIDING AT AMBALAMVILAKADA,
NEAR GURUMANDIRAM,
KUNDARA P.O.
KOLLAM,
PIN - 691 501.
BY ADVS.
AJAYA KUMAR. G
FATHIMA MAJEED
RESPONDENTS:
1 THE KERALA STATE KHADI AND VILLAGE
INDUSTRIES BOARD
OFFICE OF THE KERALA STATE KHADI AND VILLAGE
INDUSTRIES BOARD,
THIRUVANANTHAPURAM,
REPRESENTED BY THE SECRETARY,
PIN - 695 035.
2 THE SECRETARY
THE KERALA STATE KHADI AND VILLAGE INDUSTRIES
BOARD,
OFFICE OF THE KERALA STATE KHADI AND VILLAGE
INDUSTRIES BOARD,
THIRUVANANTHAPURAM,
PIN - 695 035.
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WP(C) NO.31255 OF 2024
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3 THE PROJECT OFFICER
DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE,
KARBALA JUNCTION,
KOLLAM, PIN - 691 001.
SRI. RAJAGOPALAN NAIR - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO.31255 OF 2024
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JUDGMENT
The petitioner was working as Upper Division
Typist at District Khadi and Village Industries Office,
Kollam. By Ext.P6, the petitioner was notionally
promoted as Senior Grade Typist and was posted at
the Head Office of the Board. The petitioner states
that his wife is a differently abled person and they
belong to different castes. Accordingly, it is contended
that the petitioner is entitled for protection from
transfer in the light of Exts.P2 and P9 Government
Orders. Though the petitioner was promoted to the
post of Senior Grade Typist by Ext.P6 order, he is not
given any monetary benefits by virtue of the said
promotion. The petitioner further submits that the
transfer to Head Office causes undue hardships to him
and his family. Therefore, the petitioner has submitted
Ext.P10 representation before the 2 nd respondent to
retain him at Kollam District Office of the Board. The
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WP(C) NO.31255 OF 2024
limited prayer of the petitioner at this stage is for a
consideration of Ext.P10 by the 2 nd respondent in the
light of Exts.P2 and P9 Government Orders.
2. Heard the learned counsel for the petitioner
and the learned Standing Counsel for the respondents.
3. In the facts and circumstances of the case
and having regard to the submissions made across the
Bar, there will be a direction to the 2 nd respondent to
consider Ext.P10 representation submitted by the
petitioner in the light of Exts.P2 and P9, as
expeditiously as possible, at any rate, within a period
of one month from the date of receipt of a copy of this
judgment.
The writ petition is disposed of with the above
direction.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
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WP(C) NO.31255 OF 2024
APPENDIX
PETITIONER'S EXHIBITS:-
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 05-02-2024
IN W.P.( C) NO. 12401/2022.
Exhibit P2 TRUE COPY OF THE G.O(P)NO.06/07/P&ARD
DATED 04-12-2007.
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 28-03-2022
IN W.P.( C ) NO. 10083/2022.
Exhibit P4 TRUE COPY OF THE ORDER NO. KB6229/20/E1(A)
DATED 18-05-2022 OF THE 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 06-06-2024
IN WRIT APPEAL NO. 713/2024.
Exhibit P6 TRUE COPY OF THE ORDER NO. KB
6711/2009/E1A DATED 29-08-2024 OF THE 2ND
RESPONDENT.
Exhibit P7 TRUE COPY OF THE DISABILITY CERTIFICATE
ISSUED BY MEDICAL AUTHORITY, KOLLAM NO.
KL1310419760129331 DATED 02-08-2013.
Exhibit P8 TRUE COPY OF THE OUTPATIENT TICKET NO.
183722 DATED 07-06-2024 ISSUED FROM
DISTRICT HOSPITAL KOLLAM.
Exhibit P9 TRUE COPY OF THE ORDER GO(P) NO.
24/2022/P&ARD DATED 07-11-2022.
Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 30-
08-2024 FILED BY THE PETITIONER BEFORE THE
2ND RESPONDENT.
RESPONDENTS EXHIBITS: NIL.
