The Court, having considered the venue for the petitioner's posting after maternity leave and subsequent substitution of positions, observed that her grievances are substantially redressed and closed the writ petition.
The Writ Petition stands closed.
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 ALEXANDER THOMAS
TUESDAY, THE 16TH DAY OF AUGUST 2016/25TH SRAVANA, 1938
WP(C).No. 26597 of 2016 (Y)
PETITIONER(S)/PETITIONER:
SHEHNA K., AGED 28 YEARS, W/O.ABDUL JALLEL A., JUNIOR ASSISTANT, THE KERALA STATE FINANCIAL ENTERPRISES LTD., OPP. AROMA THEATRE, PRIYADARSHINI ROAD, PALAKKAD.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT(S)/RESPONDENT:
THE MANAGING DIRECTOR,
THE KERALA STATE FINANCIAL ENTERPRISES LTD., 'BHADRATHA', THRISSUR-680 020.
BY SRI.M.GOPIKRISHNAN NAMBIAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
WP(C).No. 26597 of 2016 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DTD 22/4/2015 ISSUED BY THE RESPONDENT. EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF TRANSFER NORMS FOR WORKMEN UNDER THE KERALA STATE FINANCIAL ENTERPRISES LTD. EXHIBIT P3 TRUE COPY OF THE OFFICE ORDER HAVING REF.NO.4307/ADMN DTD 25/7/2016 ISSUED BY THE RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DTD 29/7/2016 FILED BEFORE THE RESPONDENT. RESPONDENT(S)' EXHIBITS:
NIL //TRUE COPY//
P.S.TO JUDGE
Msv/
ALEXANDER THOMAS, J.
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W.P.(C).No. 26597 of 2016
==================
Dated this the 16th day of August, 2016
J U D G M E N T
When the matter was taken up for consideration earlier, after hearing both sides, this Court had observed that in view of the state of affairs disclosed in the Writ Petition and in the light of Clause 3(iii) of Ext.P-2 transfer norms dated 14.2.2008, it may be advisable in the fitness of things to accommodate the petitioner in anyone of the available vacancies nearby to Palakkad town, as she has to join back after her maternity leave, which was upto today. Accordingly, the learned Standing Counsel for the respondent KSFE has taken time to get instructions and today, when the matter was taken up for consideration, Sri.Benny B.Thomas, learned Standing Counsel for the respondent KSFE submits on the basis of the instructions from that respondent that the said respondent authority has decided to
grant posting to the petitioner in the Olavakkode branch of the respondent KSFE, which is hardly 3 kilometers from Palakkad down. The learned Standing Counsel points out that this order has been so
W.P.(C).26597/16 - : 2 :-
rendered as the substitute of the petitioner, one Sri.Pradeep, has joined in the earlier post held by the petitioner pursuant to the enforcement of the impugned Ext.P-3 transfer order. The learned counsel for the petitioner fairly submits on the basis of the instructions that the grievances of the petitioner are substantially redressed by the abovesaid measure now taken by the respondent authority.
In view of these aspects of the matter, the Writ Petition (Civil) stands closed recording the aforesaid submissions made by both sides.
Sd/sdk+ ALEXANDER THOMAS, JUDGE ///True Copy///
P.S. to Judge
2 issues framed by the court
Whether the petitioner should be accommodated in an available vacancy nearby Palakkad to join back after maternity leave.
Whether posting the petitioner in Olavakkode branch substantially redresses her grievances by substituting the posts held.
Shehna K.
The Managing Director, The Kerala State Financial Enterprises Ltd.
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
