The petitioner, a general helper, challenged his transfer order via a writ petition. The court disposed of the matter by allowing the petitioner to submit a representation before the Board of Directors instead of quashing the transfer.
Allowed to move the Board of Directors.
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 SMT. JUSTICE P.V.ASHA
THURSDAY, THE 15TH DAY OF MARCH 2018 / 24TH PHALGUNA, 1939
WP(C).No. 7462 of 2018
PETITIONERS
JOHN GALBRET D. NETTO, AGED 57 YEARS, S/O.FRANCIS D NETTO, GENERAL HELPER, TRAVANCORE CEMENTS LTD, PROJECT SITE, AAKKULAM , THIRUVANANTHAPURAM, (NOW TRANSFERRED TO KAKKANADU VIDE IMPUGNED ORDER WITH NO.2542, DATED 16.02.2018) AND RESIDING AT LOVEDALE, TC 49/2410, NEMATHUKONAM, NEMOM SIVANKOVIL ROAD, NEMOM P.O., THIRUVANANTHAPURAM-695 020.
BY ADVS.SRI.DIPU.R., SRI.SANAL P.RAJ, SMT.K.P.SUSMITHA, SMT.DHANYA BABU, SMT.P.A.PRIYA.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE TRAVANCORE CEMENTS LTD (TCL), REPRESENTED BY ITS MANAGING DIRECTOR, REGISTERED OFFICE(HEAD OFFICE), NATTAKOM, KOTTAYAM-686 013.
3. THE MANAGING DIRECTOR, TRAVANCORE CEMENTS LTD(TCL), REGISTERED OFFICE(HEAD OFFICE), NATTAKOM, KOTTAYAM-686 013.
R1 BY SR. GOVT. PLEADER SRI.BIJOY CHANDRAN. R2 & R3 BY SRI.MILLU DANDAPANI, SC. SMT.P.K. RADHIKA, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
16/03/2018.
WP(C).No. 7462 of 2018 (G)
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 |
TRUE WITH THE P |
COPY OF THE CORONARY ANG ETITIONER FR |
DISCHARGE SUMMARY ALONG IOPLASTY REPORT ISSUED TO OM MEDITRINA HOSPITAL. |
|---|---|---|---|
| EXHIBIT P2 |
TRUE DATED |
COPY OF THE 18/11/2017. |
COMMUNICATION WITH NO. 1842 |
| EXHIBIT P3 |
TRUE DATED |
COPY OF THE 16/02/2018. |
APPLICATION UNDER RTI ACT |
| EXHIBIT P4 | TRUE | COPY OF THE | CASH RECEIPT WITH NO. 18120. |
| EXHIBIT P5 |
TRUE 16/02 |
COPY OF THE /2018. |
ORDER WITH NO. 2542 DATED |
| EXHIBIT P6 |
TRUE BEFOR |
COPY OF THE E THE IST RE |
APPLICATION DATED 20/02/2018 SPONDENT |
| EXHIBIT P7 |
TRUE SUBMI MINIS |
COPY OF THE TTED BEFORE TER. |
APPLICATION DATED 20/02/2018 THE HON'BLE INDUSTRIES |
| EXHIBIT P8 |
TRUE SUBMI BEFOR |
COPY OF THE TTED BY PETI E THE HON'BL |
APPLICATION DATED 21/02/2018 TIONERS WIFE KUMARI MEENU E INDUSTRIES MINISTER. |
RESPONDENT'S EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
rs. 16/03/2018.
P.V.ASHA J.
W.P.(C).No.7462 of 2018
Dated this the 15th day of March, 2018
J U D G M E N T
Petitioner, who is a General Helper, has filed this
writ petition challenging his transfer ordered as per Ext.P5, by which he is posted at Kakkanad to attend Security duties. Petitioner submits that he was transferred to Aakkulam only in November 2017 and the present transfer is only a measure of victimization. Though the order is passed on 16.02.2018, petitioner points out that he was unable to join at Kakkanad and he is on medical leave.
representation before the Board of Directors, in case he is aggrieved by Ext.P5.
Accordingly, this writ petition is disposed of, allowing the petitioner to move the Board of Directors.
Sd/- P.V.ASHA, JUDGE.
AS
1 issue framed by the court
Whether the petitioner is entitled to challenge his transfer order through this writ petition.
1 provisions across 1 enactments
JOHN GALBRET D. NETTO
STATE OF KERALA
THE TRAVANCORE CEMENTS LTD (TCL)
THE MANAGING DIRECTOR, TRAVANCORE CEMENTS LTD
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
