Remanded

Sathyanirmala P. v. Kerala Khadi and Village Industries Board

Kerala HC7 Feb 2018WP(C)/1147/2018

Case brief

AI extract

What is this about?

Petitioner, a Junior Superintendent in Kerala Khadi and Village Industries Board, filed a writ petition seeking transfer to Palakkad instead of remaining at Kongad after promotion. She highlighted administrative isolation at Kongad and family proximity to Palakkad. The court directed the Board to consider her request for transfer.

What did the court decide?

Directive to the 1st respondent to consider the petitioner's request for transfer to Palakkad and issue orders within three weeks.

Sathyanirmala P. Vs Kerala Khadi and Village… — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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WEDNESDAY, THE 7TH DAY OF FEBRUARY 2018 / 18TH MAGHA, 1939

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WP(C).No. 1147 of 2018

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

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PETITIONER :

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SATHYANIRMALA P. AGED 46 YEARS, W/O. JAYAN R., JUNIOR SUPERINTENDENT (I/C MANAGER), K.G.S KONGAD KHADI BHAVAN, PANCHAYAT SHOPPING COMPLEX, PATHIRIPALA ROAD, KONGAD, PALAKKAD.

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BY ADV.SRI.V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENTS :

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1. KERALA KHADI AND VILLAGE INDUSTRIES BOARD VANCHIYUR, THIRUVANANTHAPURAM, REP. BY ITS CHAIRMAN - 695 035.

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2. THE SECRETARY KERALA KHADI AND VILLAGE INDUSTRIES BOARD, VANCHIYUR, THIRUVANANTHAPURAM - 695 035.

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3. THE PROJECT OFFICER DISTRICT KHADI & VILLAGE INDUSTRIES OFFICE, WEST FORT ROAD, PALAKKAD - 678 001.

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BY SRI.M.SHARAFUDHEEN, SC,

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1147 of 2018 (P) --------------------------

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APPENDIX

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PETITIONER(S)' EXHIBITS : -----------------------

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EXHIBIT P1	TRUE COPY OF THE DATED 18.9.2001,	PROCEEDINGS NO. KB.1139179/E1(B) THIRUVANANTHAPURAM.
EXHIBIT P2	TRUE COPY OF THE THIRUVANANTHAPURA	ORDER NO. KB.1467/07/E2 DATED M 21.3.2007.
EXHIBIT P3	TRUE COPY OF THE THIRUVANANTHAPURA	ORDER NO.K.B.1066/2016/E1(A) M DATED 19.8.2017.
EXHIBIT P4	TRUE COPY OF THE PREFERRED BY THE	REPRESENTATION DATED 14.9.2017 PETITIONER.
RESPONDENT'S	EXHIBITS : N	IL.

//TRUE COPY//

P.A. TO JUDGE

P.V.ASHA J.

W.P.(C).No.1147 of 2018

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------------------------------------- Dated this the 7^th day of February, 2017

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JUDGMENT

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The petitioner who has been working in Kerala

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Khadi and Village Industries Board since the year 2001, is aggrieved by the denial of transfer/posting on her promotion as Junior Superintendent against a vacancy in the District Office, Palakkad.

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Petitioner submits that she was working as Manager in charge of K.G.S. Kongad Khadi Bhavan from 11.08.2016. As per Ext.P3 order dated 19.08.2017, she

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was promoted as Junior Superintendent,she was asked to continue in the very same office at Kongad.

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Petitioner points out that she has been the

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lone person who is managing the entire affairs of the showroom without getting assistance from anyone. Even

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after promotion as Junior Superintendent, she

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W.P.(C).No.1147 of 2018

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continues to do the very same work, as she was doing before promotion. Pointing out that there is a vacancy in the District Office at Palakkad, she submitted a representation Ext.P4 requesting for a posting there. It is pointed out that the office at Palakkad is near to her residence where she is living with her ailing mother, aged 81 years.

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The learned Standing Counsel submits that the petitioner is asked to continue in the same office, considering the administrative requirement.

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However, it is seen that petitioner has been

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working in the showroom of Kongad from 2016 onwards in various capacities. Even after granting promotion, there is no change in her duties. Even though the learned Standing Counsel points out that the position is the same in several of the showrooms, I am of the view that the case of petitioner in her representation requires consideration as against the vacancy in the District Office, Palakkad. A shifting of office on

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W.P.(C).No.1147 of 2018

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promotion will only bring out contentment in service of the promoted hand especially when the entire work on the office is done single-handedly.

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Therefore, there shall be a direction to the 1^st respondent to consider the request of the petitioner in the light of the above observations and to pass orders within a period of three weeks from the date of receipt of a copy of this judgment.

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Sd/-

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P.V.ASHA, JUDGE.

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Sathyanirmala P. v. Kerala Khadi and Village Industries Board

Case brief

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Sathyanirmala P. v. Kerala Khadi and Village Industries Board

Case brief

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