Partly allowed

Sathish Babu P.T. v. the Kerala State Financial Enterpirses Ltd.

Kerala HC7 Sept 2016WP(C)/29898/2016

Case brief

AI extract

What is this about?

The court disposed of a writ petition filed by ten Office Attendants of KSFE regarding their transfer to distant stations. The court directed the respondent to consider their representations regarding the transfer within two weeks, granting them a reasonable opportunity to be heard, while noting the treasury pay regulations governing last-grade employees.

What did the court decide?

The writ petition stands finally disposed of. The 2nd respondent is directed to consider the petitioners' representations within two weeks, granting a reasonable opportunity of being heard.

Sathish Babu P.T. Vs the Kerala State… — Pension and Retirement Benefits | Kerala HC (2016)

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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 ALEXANDER THOMAS

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WEDNESDAY, THE 7TH DAY OF SEPTEMBER 2016/16TH BHADRA, 1938

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WP(C).No. 29898 of 2016 (J)

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PETITIONERS:

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1. SATHISH BABU P.T. CODE: 4525, OFFICE ATTENDANT, KSFE LTD, KANHANGAD BRANCH, (UNDER TRANSFER TO BANDADKA BRANCH) RESIDING AT PALAKKAL HOSUE, P.O. KOTTAMALA, (VIA)NILESHWAR, KASARAGOD- 671 314.

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2. G. SELVASTER, CODE 1946, OFFICE ATTENDANT, KSFE LTD., RAVIPURAM BRANCH, (UNDER TRANSFER TO ARAKKUNNAM BRANCH) RESIDING AT 108- NEW CUSTOMS QUARTERS, WILLINGTON ISLAND, ERNAKULAM, PIN- 682 023.

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3. RAJU P.C., CODE 1878, OFFICE ATTENDANT, KSFE LTD., THRISSUR HEAD OFFICE, (UNDER TRANSFER TO KUNNAMKULAM BRANCH) RESIDING AT PALLIKKUNNATH HOUSE, KARAMUCK, KANDASSANKADAVU P.O., THRISSUR- 680 613.

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4. ASOKAN T.K., CODE 1856, OFFICE ATTENDANT, KSFE LTD., AYANCHERY BRANCH, (UNDER TRANSFER TO KOYILANDY BRANCH) RESIDING AT THAZHATHIDATHIL HOUSE, POST VATAYAM, KAKKATTIL (VIA), KOZHIKODE- 673 507.

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5. JAYARAJAN A.K., CODE 2355, OFFICE ATTENDANT, KSFE LTD., CHEMBUKAVU (LU, TSR), (UNDER TRANSFER TO KANDASSANKADAVU BRANCH) RESIDING AT AYAPPAN PARAMBIL, MUNDUR P.O., THRISSUR- 680 541.

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WP(C).No. 29898 of 2016 (J)

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6. RAJESH A., CODE 5727, OFFICE ATTENDANT, KSFE LTD., KALLAI ROAD BRANCH, (UNDER TRANSFER TO MULLANKUNNU BRANCH) RESIDING AT ANIKKATTE HOUSE, KIZHAKKUMMURI P.O., KAKKODI, KOZHIKODE- 673 611.

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7. JOSE V.J. CODE 4508, OFFICE ATTENDANT, KSFF LTD., CHERUPUZHA BRANCH, (UNDER TRANSFER TO KASARGOD BRANCH) RESIDING AT VALUMMAL HOUSE CHITTARIKAL P.O., KASARGOD- 671 326.

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8. SAJEEVAN M.K., CODE 3853, OFFICE ATTENDANT, KSFE LTD., THALASSERY BRANCH, (UNDER TRANSFER TO AZHIKODE BRANCH) RESIDING AT VALLI BHAVAN, PARAPURAM, PINARAYI, THALASSERY- 670 741.

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9. CLAMENT P.K., CODE 2032, OFFICE ATTENDANT , KSFE LTD., THRISSUR EVENING BRANCH, (UNDER TRANSFER TO PAVARATTY BRANCH) PARAPARAMBIL HOUSE, ELTHURUTH P.O., THRISSUR- 680 611.

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10. SHANAVAS A., CODE 4456, OFFICE ATTENDANT, KSFE LTD., PALLICKAL BRANCH, (UNDER TRANSFER TO ATTINGAL EVENING BRANCH) MULLONATHU VEEDU, CHADAYAMANGALAM P.O., KOLLAM- 691 534.

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BY ADVS.SMT.SREEDEVI KYLASANATH SMT.KAMALAKSHY KYLASANATH SRI.JOSELAL GEORGE SRI.ACHUTH KYLAS

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RESPONDENTS:

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1. THE KERALA STATE FINANCIAL ENTERPRISES LTD REPRESENTED BY THE MANAGING DIRECTOR, REGISTERED OFFICE, BHADRATHA, THRISSUR- 680 020.

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WP(C).No. 29898 of 2016 (J)

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2. THE MANAGING DIRECTOR,

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THE KERALA STATE FINANCIAL ENTERPRISES LTD., KSFE HEAD OFFICE, THRISSUR- 680020.

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3. ANITHA M. V,

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CODE 7692, OFFICE ASSISTANT, KERALA STATE FINANCIAL ENTERPRISES LTD., KANHANGAD BRANCH, KASARGOD- 671315.

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4. SEENA P.D., CODE 4476, OFFICE ASSISTANT, KERALA STATE FINANCIAL ENTERPRISES LTD., RAVIPURAM BRANCH, ERNAKULAM PIN- 682015.

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5. JOSHY TF,

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CODE 5724, OFFICE ASSISTANT, KERALA STATE FINANCIAL ENTERPRISES LTD., THRISSUR HEAD OFFICE, THRISSUR PIN- 680020.

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6. P.V. SHAINY,

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CODE 8874, OFFICE ASSISTANT, KERALA STATE FINANCIAL ENTERPRISES LTD., CHEMBUKAVU (LU, TSR) BRANCH, THRISSUR- 680020.

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7. PREESHNA V,

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CODE 7725, OFFICE ASSISTANT, KERALA STATE FINANCIAL ENTERPRISES LTD., THALASSERY BRANCH, THALASSERY- 670 101.

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8. DEVI V.C.,

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CODE 4581, OFFICE ASSISTANT, KERALA STATE FINANCIAL ENTERPRISES LTD., THRISSUR EVENING BRANCH, THRISSUR- 680001.

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*ADDL.R9 IMPLEADED:

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ADDL.R9: STATE OF KERALA REPRESENTED BY THE SECRETARY, TAX DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

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*ADDL.R9 IS IMPLEADED AS PER ORDER DATED 07.09.2016 IN I.A.NO.14463 OF 2016 IN WP(C)NO.29898 OF 2016

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BY ADV.SRI.BENNY P.THOMAS, SC, KSFE BY ADV.SRI.M.GOPIKRISHNAN NAMBIAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P(C).No. 29898 of 2016 (J)

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APPENDIX

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PETITIONER(S)' EXHIBITS -----------------------
EXT. P1 COPY OF THE KSFE.	TRANSFER GUIDE	LINES OF WORKMEN IN
EXT. P2 COPY OF THE 01.09.2016 OF 2ND RESPONDEN PETITIONERS.	OFFICE NO. 430 T TRANSFERRING	7/ADMN DATED 1ST AND 2ND
EXT. P3 COPY OF THE DATED 01.09.2016.	REPRESENTATON	OF THE 1ST PETITIONER
EXT. P3(A) COPY OF THE PETITIONER DATED 03.09.2016	REPRESENTATION .	OF THE 2ND
EXT. P3(B) COPY OF THE PETITIONER DATED 03.09.2016	REPRESENTATION .	OF THE 3RD
EXT. P3(C) COPY OF THE PETITIONER DATED NIL.	REPRESENTATION	OF THE 4TH
EXT. P3(D) COPY OF THE PETITIONER DATED 03.09.2016	REPRESENTATION .	OF THE 5TH
EXT. P3(E) COPY OF THE PETITIONER DATED 01.09.2016	REPRESENTATION .	OF THE 6TH
EXT. P3(F) COPY OF THE PETITIONER DATED 01.09.2016	REPRESENTATION .	OF THE 7TH
EXT. P3(G) COPY OF THE PETITIONER DATED 03.09.2016	REPRESENTATION .	OF THE 8TH
EXT. P3(H) COPY OF THE PETITIONER DATED 03.09.2016	REPRESENTATION .	OF THE 9TH
EXT. P3(I) COPY OF THE PETITIONER DATED 03.09.2016	REPRESENTATION .	OF THE 10TH
EXT. P4 COPY OF THE 12/04/P&ARD DATED 10.09.200	GOVERNMENT ORD 4.	ER G.O(P) NO.
RESPONDENTS’ EXHIBITS : -----------------------
	NIL //	True Copy //
DSV/23/9/16	P.A.	To Judge

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ALEXANDER THOMAS, J.

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==================

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W.P.(C).No. 29898 of 2016

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==================

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Dated this the 7^th day of September, 2016

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J U D G M E N T

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The petitioners are Last Grade Employees working as Office Attendants in the service of the 1^st respondent Kerala State Finance Enterprises (KSFE). The grievance of the petitioners is that they have been transferred from the present station to other branches. It is pointed out that they have not submitted any request for transfer and that they are getting only hardly amounts in the range of Rs.16,000/- as total take-home pay and the present transfers to long distances will be increasing their expenses for attending to the work, etc. The petitioners also point out that as per clause 10 of Ext.P-4 G.O.(P) No.12/04/P&ARD dated 10.9.2004, the Government

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has stipulated that last grade employees in the service of the Government shall be posted only in the native district or districts of their choice and that there will be no general transfers for last grade employees, etc. It is submitted that the spirit of the said Governmental norm is bound to be taken into account by the

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W.P.(C).29898./16 - : 2 :-

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respondent authorities while transferring such low paid employees like the petitioners. The petitioners have preferred Ext.P-3 series [viz., Ext.P-3, P3(a) to P3(i) representations dated 3.9.2016] before the 2^nd respondent requesting that the impugned transfer may be revised and that they may be retained in the present stations. The petitioners' counsel further submits that in case the respondent authorities are not amenable to grant the request to be retained at the present stations, then the said authorities may be directed to consider at least the request of the petitioners that they may be transferred to stations which are upto 25 kilometers away from their residences/present stations. It is in the light of these facts and circumstances that the petitioners have preferred the instant Writ Petition (Civil) with the following prayres:

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(i) To issue a writ of Certiorari calling for records relating to Exhibit P-2 and quash the same to that extent it transfer the petitioners to branches situated in the faraway place.

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(ii) To issue a writ of Certiorari calling for records relating to Ext.P-1 and quash the same to that extent of Ext.P-1, Clause III(9) when says that transfer norms are applicable in case of Last Grade Employees also.

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(iii) To issue a writ of Mandamus or any other writ or or order directing 2^nd respondent, to allow the petitioners to continue in respective branches.

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(iv) To declare that the General Transfer orders issued by 2^nd respondent to Last Grade Employees are illegal.

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(v) To issue a writ of Mandamus or any other writ or order

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W.P.(C).29898./16 - : 3 :-

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directing 2^nd respondent, to consider Ext.P-3 and P-3(a) within a stipulated time period.

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(vi) To issue a writ of Mandamus or any other writ or order directing the 2^nd respondent not to issue General Transfer to Last Grade Employees in KSFE.”

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Heard Sri.Achuth Kylas, learned counsel appearing for the writ petitioners and Sri.Benny.P.Thomas, learned Standing Counsel for the KSEF appearing for respondents 1 and 2. In the manner in which the Writ Petition is disposed of, there is no necessity to issue notices to contesting respondents 3 to 8 and notices to those parties stand dispensed with.

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In the light of the facts and circumstances of this case, it is ordered that the 2^nd respondent shall immediately take up for consideration Ext.P-3 series of representations without any further delay and will pass orders thereon after granting a reasonable opportunity of being heard to an authorised representative of the petitioners, within a period of 2 weeks from the date of receipt of a certified copy of this judgment. The present alternate plea now made before this Court by the petitioners that the respondent authority may at least consider that they be transferred only to stations which are within 25 kilometers from their residences/ present stations should be duly considered while taking the decision

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W.P.(C).29898./16 - : 4 :-

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as directed above.

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With these observations and directions, the Writ Petition (Civil)

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stands finally disposed of.

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Sd/-

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sdk+

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ALEXANDER THOMAS, JUDGE

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///True Copy///

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P.S. to Judge

Sathish Babu P.T. v. the Kerala State Financial Enterpirses Ltd.

Case brief

What is this about?

What did the court decide?

Sathish Babu P.T. v. the Kerala State Financial Enterpirses Ltd.

Case brief

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