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Babu.K.Damodar v. the Chairman, Coffee Board

Kerala HC17 Dec 2016WP(C)/36844/2016

Case brief

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What is this about?

The Kerala High Court disposed of a writ petition challenging the rejection of a petitioner's request for transfer to Andhra Pradesh. Directed the respondent Coffee Board to consider the petitioner's request for transfer to existing vacancies at Kalpetta or Coimbatore based on his medical grounds within two months, noting the Board had not adequately considered his health certificates.

What did the court decide?

Directed the first respondent to consider the petitioner's request for transfer to Joint Director, Kalpetta or Deputy Director, Coimbatore based on medical grounds within two months.

Babu.K.Damodar Vs the Chairman, Coffee Board — 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 MRS. JUSTICE ANU SIVARAMAN

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SATURDAY, THE 17TH DAY OF DECEMBER 2016/26TH AGRAHAYANA, 1938

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WP(C).No. 36844 of 2016 (E)

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PETITIONER(S) :-

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BABU.K.DAMODAR, AGED 56 YEARS, S/O.DAMODARAN(LATE), ATHIRA HOUSE, PALLOM P.O., KOTTAYAM DISTRICT, PIN - 686 007, (JUNIOR LIAISON OFFICER, COFFEE BOARD, CHINTAPALLI (WEST) - 531 111)

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BY ADV. SRI.K.K.SETHUKUMAR

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RESPONDENT(S) :-

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1. THE CHAIRMAN, COFFEE BOARD MINISTRY OF COMMERCE, #1, DR.B.R.AMBEDKAR VEEDHI, BANGALURU - 560 001.

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2. THE SECRETARY, COFFEE BOARD, MINISTRY OF COMMERCE, #1, DR.B.R.AMBEDKAR VEEDHI, BANGALURU - 560 001.

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3. SENIOR LIAISON OFFICER, COFFEE BOARD, MINIMULURU P.O, PADERU - MANDAL - 531 024.

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BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 36844 of 2016 (E)

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APPENDIX

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PETITIONER(S)' EXHIBITS :-

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EXHIBIT P1 : TRUE PHOTO COPY OF THE JUDGMENT IN WPC NO 3349/2016 DTD 14/7/2016.

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EXHIBIT P2 : TRUE PHOTO COPY OF THE ORDER NO ADM/EB.1(R)201617/2308 DTD 29/9/2016 ISSUED BY THE IST RESPONDENT.

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EXHIBIT P3 : TRUE PHOTO COPY OF THE CERTIFICATE ISSUED BY DR.R.V.JAYAKUMAR, PROFESSOR OF ENDOCRINOLOGY, AMRITA MEDICAL COLLEGE, KOCHI DTD 9/8/2016.

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EXHIBIT P4 : TRUE PHOTO COPY OF THE REPRESENTATION OF THE PETITIONER DTD 24/10/2016.

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EXHIBIT P5 : COPY OF REPRESENTATION DATED 4.1.2016 SUBMITTED BY THE PETITIONER THROUGH PROPER CHANNEL BEFORE THE CHAIRPERSON, COFFEE BOARD, ALONG WITH THE MEDICAL CERTIFICATES.

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RESPONDENT(S)' EXHIBITS :-

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ANNEXURE R1(a) : COPY OF THE TRANSFER GUIDELINE DATED 19.5.2008 OF THE RESPONDENT.

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//TRUE COPY//

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P.A. TO JUDGE

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ANU SIVARAMAN, J.

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

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W.P.(C) No.36844 of 2016

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Dated this the 17^th day of December 2016

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J U D G M E N T

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The petitioner challenges Ext.P2 order of the respondent Board, by which, the petitioner's representation against his transfer to Chintapalli in Andrapradesh was rejected. The petitioner states that he had produced documents to show that he was suffering from various ailments and his request ought to have been considered sympathetically by the respondents. The petitioner had also pointed out existing vacancies in the offices of the Deputy Director, Coimbatore and Kalpetta as well as Joint Director, Kalpetta and had sought consideration of his request. However, his request was not considered in Ext.P2 order.

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Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent Board.

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It is submitted by the learned counsel for the petitioner that his repeated requests on medical grounds have not been considered by the respondents in proper perspective.

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Learned Standing Counsel appearing for the respondent Board, on the other hand, submitted that the petitioner has worked only in Kerala during the entire span of his service and

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W.P.(C) No.36844 of 2016

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-: 2 :-

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that his services are urgently required at the station, to which he was transferred. It is stated that the petitioner joined duty as Junior Liaison Officer at Chintapalli on 22.9.2015 and has not completed the normal tenure in the said station. It is further stated that there is no vacancy of Junior Liaison Officer in the office of the Deputy Director, Kalpetta and therefore, it is not possible to consider the request made by the petitioner for transfer to Kalpetta.

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I have considered the contentions raised by both

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parties.

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It is evident that the petitioner had made request for transfer to a more convenient place on the basis of the medical certificates produced by him. He has also sought for consideration of his claim on medical grounds. The claim of the petitioner is rejected by Ext.P2 order on the ground that his services are required at his present place of posting and hence, it is not possible to consider the request made by him. However, the grounds raised by him on the strength of medical certificates produced have not been considered in Ext.P2 order.

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Learned counsel for the petitioner further contends that

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he has only three years of service left and that there are vacancies

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W.P.(C) No.36844 of 2016

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-: 3 :-

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existing in the offices of the Joint Director, Kalpetta as well as in the Deputy Director, Coimbatore.

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In that view of the matter, I am of the opinion that the request made by the petitioner for accommodation in the existing vacancy of Junior Liaison Officer in the offices of the Joint Director, Kalpetta as well as the Deputy Director, Coimbatore is to be considered by the respondent Board, in view of the fact that he has made such a request on medical ground.

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In the above view of the matter, the writ petition is disposed of directing the first respondent to take up and consider the request made by the petitioner for accommodation as Junior Liaison Officer in the offices of the Joint Director, Kalpetta or the Deputy Director, Coimbatore, on a consideration of the medical grounds raised by the petitioner. Orders as directed above shall be issued by the first respondent within two months from the date of receipt of a copy of this judgment.

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Sd/ANU SIVARAMAN JUDGE

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Jvt/17.12.16

Babu.K.Damodar v. the Chairman, Coffee Board

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Babu.K.Damodar v. the Chairman, Coffee Board

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