Disposed

Ajayakumar B. v. Kerala Water Authority

Kerala HC27 Sept 2012WP(C)/9587/2011

Case brief

AI extract

What is this about?

The Court considered a writ petition filed by an Assistant Executive Engineer challenging transfer orders and seeking directions to post him at a specific division. After hearing both sides on September 27, 2012, the Court made an interim order from March 2011 absolute and disposed of the petition accordingly.

What did the court decide?

Interim order passed on 25.3.2011 made absolute and writ petition disposed of.

Ajayakumar B. Vs Kerala Water Authority — Service and Employment | Kerala HC (2012)

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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 P.R.RAMACHANDRA MENON

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THURSDAY, THE 27TH DAY OF SEPTEMBER 2012/5TH ASWINA 1934

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WP(C).No. 9587 of 2011 (W)

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PETITIONER:

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AJAYAKUMAR .B.,

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ASSISTANT EXECUTIVE ENGINEER, WATER WORKS CENTRAL SUB DIVISION, KERALA WATER AUTHORITY, VELLAYAMBALAM P.O., THIRUVANANTHAPURAM-695 033.

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BY ADV. SRI.KALEESWARAM RAJ.

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RESPONDENTS:

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1. KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033.

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2. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033.

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3. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H.DIVISION, VELLAYAMBALAM THIRUVANANTHAPURAM-695 033.

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4. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H.DIVISION, PATHANAMTHITTA, PATHANAMTHITTA-689 001.

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5. A.NOUSHAD,

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ASSISTANT EXECUTIVE ENGINEER, WATER WORKS CENTRAL SUB DIVISION, KERALA WATER AUTHORITY, VELLAYAMBALAM P.O., THIRUVANANTHAPURAM-695 033.

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6.THE CHIEF ELECTORAL OFFICER, KERALA LEGISLATIVE COMPLEX, PALAYAM, THIRUVANANTHAPURAM-695 001.

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R1 TO R4 BY SRI.C.UNNIKRISHNAN, S.C,

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SRI.JOSEPH JOHN, S.C, R6 BY SRI.MURALI PURUSHOTHAMAN, S.C.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).NO.9587/2011-W:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P.1: COPY OF THE ORDER NO. KWA/JB/E2/7570/08 DTD. 28/02/2011.

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EXT.P.2: COPY OF THE ORDER NO. E.1/1889/96 DTD. 01/03/2011.

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EXT.P.3: COPY OF THE REPORT OF TRANSFER OF CHARGE DT. 01/03/2011.

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EXT.P.4: COPY OF THE REPORT OF TRANSFER OF CHARGE DT. 07/03/2011.

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EXT..5: COPY OF THE LETTER DTD. 05/03/2011.

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EXT.P.6: COPY OF THE LETTER DTD. 09/03/2011.

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EXT.P.7: COPY OF THE ENDORSEMENT DTD. 09/03/2011.

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EXT.P.8: COPY OF THE REPRESENTATION DTD. 11/03/2011 SUBMITTED BY THE PETITIONER BEFORE THE R.2.

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EXT.P.9: COPY OF THE ORDER DTD. 10/03/2011 IN W.P.(C).NO.7598/2011.

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EXT.P.10: COPY OF THE ORDER DTD. 16/03/2011.

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RESPONDENTS' EXHIBITS: NIL.

//TRUE COPY//

P.A. TO JUDGE.

Prv.

P.R. RAMACHANDRA MENON, J.

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W.P.(C). No. 9587 of 2011

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Dated this the 27^th day of September, 2012

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JUDGMENT

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The petitioner has approached this Court with the following

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prayers:

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“i. To issue a writ of certiorari quashing Ext.P7 endorsement as unjust, illegal and unsustainable;

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ii. To declare that Ext.P5 has no effect in the petitioner's case in as much as the petitioner got relieved from the earlier station on 1.3.2011 and validly took charge at the new station on 7.3.2011 and order on the basis of Ext.P5 that is Ext.P7 is issued only on 9.3.2011;

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iii. To issue a writ of mandamus directing the respondents 1 and 2 to ensure that Ext.P1 order is properly implemented and the petitioner is permitted to continue at Water Works Central Sub Division, Kerala Water Authority, Thiruvananthapuram by deputing his signature on all the relevant records and by discharging his duties;

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W.P.C. No. 9587 of 2011

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-2-

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iv. To issue a writ of mandamus directing the 2^nd respondent to take a decision in Ext.P8 and to implement Ext.P1 in its full spirit.

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v. To issue a writ of mandamus directing the respondents 1 and 2 to ensure that the 5^th respondent is posted at P.H. Division, Pathanamthitta on the basis of Ext.P1 order.”

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When the matter came up for consideration before this Court on 25.3.2011, the following interim order was passed:

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“Admit. Standing counsel

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takes notice for respondents 1 to 4. Standing Counsel takes notice for the 6^th respondent. Issue notice by speed post to the 5^th respondent.

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Standing counsel for the 6^th respondent hands over to me copy of a communication from the Chief Electoral Officer to the Managing Director of the Kerala Water Authority withdrawing the order on the basis of which the petitioner's transfer is sought to be cancelled. In the above circumstances, there

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W.P.C. No. 9587 of 2011

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would be an interim order as prayed for.”

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The learned counsel for the petitioner submits that, by

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virtue of the interim order passed as aforesaid, substantial reliefs have already been obtained to the petitioner and in the said circumstance, the matter could be disposed of by making the interim order absolute. After hearing both the sides, the interim order is made absolute and the writ petition is disposed of accordingly.

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P.R. RAMACHANDRA MENON, JUDGE.

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Kp/-

Ajayakumar B. v. Kerala Water Authority

Case brief

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Ajayakumar B. v. Kerala Water Authority

Case brief

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