Dismissed

C.K.Muraleedharan v. State Warehousing Corporation and Anr.

Kerala HC16 Feb 2010WP(C)/2446/2010

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a writ petition by an Assistant Manager challenging his transfer from Thalassery to State Warehouse Aluva. The court found the transfer necessary for office functioning, noted lack of statutory violation or mala fides, and held the petition devoid of merits.

What did the court decide?

The writ petition was dismissed with the transfer order being permitted.

C.K.Muraleedharan Vs State Warehousing Corporation and… — Service and Employment | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 WP(C).No. 2446 of 2010(E) --------------------------------------

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PETITIONER(S):

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-------------------------

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C.K.MURALEDHARAN, ASSISTANT MANAGER, KERALA STATE WAREHOSING CORPORATION, ZONAL OFFICE, NORTH ZONE, THALASSERY.

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BY ADVS. MR.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, MR.K.A.BALAN, MR.PETER JOSE CHRISTO, MR.S.A.ANAND, MR.RAMESH. C.R., MR.K.V.VIMAL.

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RESPONDENT(S):

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---------------------------

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1. THE KERALA STATE WAREHOUSING CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, KERALA STATE WAREHOUSING CORPORATION,ERNAKULAM, KOCHI-16.

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2. A.RAJENDRA PANICKER, GENERAL MANAGER (CONSTRUCTION) IN-CHARGE OF MANAGING DIRECTOR, HEAD OFFICE, KERALA STATE WAREHOUSING CORPORATION, ERNAKULAM, KOCHI-16.

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R1 & R2 BY ADV. MR.MAJNU KOMATH, SC, K.S.W.C.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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WPC.NO.2446/2010 E

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1: COPY OF THE ORDER NO.KSWC/T&P/2009-10 DTD. 21/1/2010 OF THE MANAGING DIRECTOR OF THE 1ST RESPONDENT CORPORATION.

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P2: COPY OF THE CIRCULAR NO.KSWC/EST/TRANSFER NORMS/90-91 DTD. 25/02/1991 OF THE MANAGING DIRECTOR OF THE CORPORATION.

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P3: COPY OF THE BY G.O.(RT) NO.2064/09/AD DTD. 11/12/2009.

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P4: COPY OF THE GOVERNMENT CIRCULAR NO.21813/PU3/2001/AD DTD. 7/08/2001.

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P5: COPY OF THE ORDER DTD. 22/12/2009 ON I.A.695/09 IN COMPLAINT NO. 1589/09 C THE KERALA LOK AYUKTA.

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RESPONDENT'S ANNEXURES:

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R1(A): COPY OF THE RELEVANT PORTION OF THE STAFF REGULATION.

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R1(B): COPY OF THE APPOINTMENT ORDER NO.KSWC/EST/APPOINTMENTS/ 91-92/2 DTD. 22/08/1991.

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R1(C): COPY OF THE TRANSFER ORDER NO.KSWC/T&P/2009-10 DTD. 21/01/2010.

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R1(D): COPY OF THE MINUTES OF THE MEETING HELD ON 23/12/2009.

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R1(E): COPY OF LETTER NO.38560/PU2/09/AD DTD. 13/01/2010.

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R1(F): COPY OF LETTER RECEIVED FROM M/S.NAFED.

/TRUE COPY/

P.A.TO JUDGE

Kss

C.T. RAVIKUMAR, J.

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- - - - W.P. (C) No. 2446 OF 2010

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- - - - Dated this the 16^th day of February, 2010

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The petitioner who is an Assistant Manager under the first respondent is challenging his transfer from its Zonal Office, Thalassery to State Warehouse Aluva as per Ext.P1. The challenge is mainly on the ground that the same has been effected during the middle of the academic year and therefore, he will be put to face considerable inconveniences in case it is implemented. Petitioner further contends that his family consists of his wife who is unemployed and two daughters who are studying in the 4^th and 8^th standards respectively and therefore, his presence at home is essential. The ground raised based on malafides was not pressed in to service.

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A counter affidavit has been filed in this writ petition. In paragraph 6, it has been stated that out of the the total service of 18 ½ years under the first respondent, the petitioner had worked, mostly in places convenient for him. In fact he had worked in his native place of Thalassery for about 10 years and for another 5 years at Kannur which is his native

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WPC.2446 of 2010

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: 2 :

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District. Ext.P1 order of transfer itself would reveal that there is no Assistant Manager in the State Warehouse, Aluva and the Senior Assistant attached to that office is presently holding the charge of Assistant Manager. Regulation 2(iii) of Kerala State Warehousing Corporation General and Staff Regulation, 1963 empowers the Managing Director to effect transfers of employees for the proper functioning of the Warehouses. Considering the fact that at present there is nobody in the Cadre of Assistant Manager at State Warehouse, Aluva to manage the post of Assistant Manager as also in the absence of attribution of malafides and violation of any statutory provisions, I am of the opinion that Writ Petition is devoid of merits.

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Accordingly, it is dismissed.

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(C.T. RAVIKUMAR, JUDGE)

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jma

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WPC.2446 of 2010

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: 3 :

C.K.Muraleedharan v. State Warehousing Corporation and Anr.

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C.K.Muraleedharan v. State Warehousing Corporation and Anr.

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