The petitioner challenged transfers and postings as violating 1984 Memorandum. The Court rejected the claim as the Memorandum was cancelled, holding no vested right exists, and disposed of the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
THURSDAY, THE 13TH DAY OF DECEMBER 2012/22ND AGRAHAYANA 1934
WP(C).No. 23448 of 2012 (R)
PETITIONER(S):
S.B.VINOD KUMAR, DISTRICT PRESIDENT, KERALA CIVIL JUDICIAL STAFF ORGANISATION, PALAKKAD DISTRICT.
BY ADVS.DR.K.P.SATHEESAN SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP.V.NAIR
RESPONDENT(S):
1. THE REGISTRAR (SUBORDINATE JUDICIARY),
2. THE DISTRICT JUDGE,
BY ADVS. SRI.KRB.KAIMAL (SR.) SRI.B.UNNIKRISHNA KAIMAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
NS
WP(C).No. 23448 of 2012 (R)
APPENDIX
PETITIONER(S) EXHIBITS :
EXHIBIT P1 : COPY OF THE OFFICIAL MEMORANDUM ISSUED BY THE HONOURABLE HIGH COURT OF KERALA, DATED 19/10/1984.
EXHIBIT P2 : COPY OF THE ORDER NO.A1-02150/2012 DATED 31.05.2012..
EXHIBIT P3 : COPY OF THE ORDER NO.A1-4151/2012 DATED 19/9/2012.
RESPONDENTS' EXHIBITS :
/ TRUE COPY /
NS
P.A. TO JUDGE
P.R.RAMACHANDRA MENON, J.
W.P.(c) No. 23448 OF 2012
Dated this the 13th day of December , 2012
JUDGMENT
The petitioner, who has described himself as the District President of
the Kerala Civil Judicial Staff Organisation, is before this Court stating that transfers and postings are being made by the respondents without any regard to Ext.P1 Official Memorandum dated 19.10.1984.
This being the position, this Court finds that the petitioner cannot seek for implementation of Ext.P1 any more. The writ petition is disposed of, recording the submissions made on behalf of the respondents as above.
P.R.RAMACHANDRA MENON JUDGE
sv.
1 issue framed by the court
Whether the petitioner can seek implementation of Official Memorandum dated 19.10.1984 regarding transfers and postings, given that the Memorandum has been cancelled.
S.B.VINOD KUMAR
THE REGISTRAR (SUBORDINATE JUDICIARY), HIGH COURT OF KERALA
THE DISTRICT JUDGE PALAKKAD
P.R.RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
