Dismissed

Elsykutty K.J. v. Kerala State Road Transport Corporation

Kerala HC6 Aug 2019WP(C)/18466/2019

Case brief

AI extract

What is this about?

The High Court held that a transfer order issued by an Assistant Transport Officer lacked authority as no records proved such competence. The petition was disposed by setting aside the order and permitting the petitioner to continue at the Muvattupuzha Depot.

What did the court decide?

The impugned transfer memorandum (Ext.P1) was set aside and the petitioner was permitted to continue at Muvattupuzha Depot.

Elsykutty K.J. Vs Kerala State Road Transport… — Pension and Retirement Benefits | Kerala HC (2019)

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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 ANIL K.NARENDRAN

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TUESDAY, THE 06TH DAY OF AUGUST 2019 / 15TH SRAVANA, 1941

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WP(C).No.18466 OF 2019(G)

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PETITIONER:

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ELSYKUTTY K.J., (I.D.NO.752038), W/O.LATE JAMES JOSEPH, AGED 46 STORE ISSUER GR.II, KERALA STATE ROAD TRANSPORT CORPORATION, MOOVTTUPUZHA DEPOT AND RESIDING AT MATTAPLACKAL HOUSE, MELUKAVU.P.O., VALAKOM(VIA), KOTTAYAM DISTRICT-686652

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BY ADV. SRI.N.UNNIKRISHNAN

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RESPONDENTS:

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1 KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695023,

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REPRESENTED BY ITS MANAGING DIRECTOR

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2 THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695023

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3 THE ASSISTANT WORKS MANAGER(M), REGIONAL WORKSHOP, KERALA STATE ROAD TRANSPORT CORPORATION, ALUVA-683101.

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4 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, MUVATTUPUZHA-686661

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5 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PIRAVOM-686664

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BY ADV. SHRI.T.P SAJAN, SC, KERALA STATE ROAD TRANSPORT CORPORATION - KSRTC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)18466 OF 2019

JUDGMENT

The petitioner while working as Store Issuer (Grade-II) in Muvattupuzha Depot of the 1^st respondent Kerala State Road Transport Corporation was issued with Ext.P1 order of the 4^th respondent Assistant Transport Officer, whereby she has been transferred to Piravom unit, on working arrangement, for a period of two weeks, with effect from 02.07.2019. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that Ext.P1 order is unsustainable in the eye of law; a writ of certiorari to quash Ext.P1 order; and a writ of mandamus or appropriate writ or order or direction to continue her at Muvattupuzha Depot.

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On 08.07.2019, when this writ petition came up for admission, the learned Standing Counsel for KSRTC was directed to get instructions.

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On 10.07.2019, when this writ petition came up for consideration, one of the arguments advanced by the learned counsel for the petitioner was that Ext.P1 memorandum dated 01.07.2019, whereby the petitioner has been ordered to be transferred to Piravom Depot, on working arrangement, for a

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WP(C)18466 OF 2019

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period of two weeks, was issued by the 4^th respondent Assistant Transport Officer, who has absolutely no authority to pass such an order. The learned Standing Counsel for KSRTC sought time to get instructions.

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On 16.07.2019, when this writ petition came up for consideration along with I.A.No.1 of 2019, the petitioner has placed on record Ext.P6 interim order of this Court dated 18.06.2019 in W.P.(C)No.15247 of 2019 as additional document.

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On 17.07.2019, when this writ petition came up for further consideration, a statement has been filed on behalf of the respondent, by the learned Standing Counsel for KSRTC. No materials are placed on record to show that the 4^th respondent Assistant Transport Officer, who has issued Ext.P1 memorandum, whereby the petitioner is ordered to be transferred on work arrangement to Piravom Depot, is duly authorised to issue an order of transfer. In such circumstances, this Court granted an interim order on 17.07.2019, staying Ext.P1 memorandum, for a period of three weeks.

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To the statement filed on behalf of the respondents,

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WP(C)18466 OF 2019

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the petitioner has filed reply affidavit.

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Heard the learned counsel for the petitioner and also the learned Standing Counsel for KSRTC, representing the respondents.

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Having considered the submissions made by the learned counsel on both sides and perusing the pleadings and materials on record, this Court finds that no materials are placed on record to show that the 4^th respondent Assistant Transport Officer, who has issued Ext.P1 memorandum, whereby the petitioner has been ordered to be transferred from Muvattupuzha to Piravom Depot, has authority to issue such an order of transfer.

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The contention of the petitioner is that, it is the 2^nd respondent Executive Director (Administration), who is the person competent to issue an order of transfer. On the other hand, the learned Standing Counsel for KSRTC would submit that the Zonal Officer of Central Zone is the officer authorised to effect such transfer.

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Admittedly, Ext.P1 memorandum, which is under challenge in this writ petition, is not one issued either by the 2^nd respondent or the Zonal Officer of the Central Zone. In

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such circumstances, conclusion is irresistible that Ext.P1 order passed by the 4^th respondent, whereby the petitioner has been ordered to be transferred from Muvattupuzha to Piravom Depot, is one issued absolutely without any authority, which cannot be sustained in law.

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In such circumstances, this writ petition is disposed of by setting aside Ext.P1 memorandum, whereby the petitioner has been ordered to be transferred from Muvattupuzha to Piravom Depot and by permitting the petitioner, who has already granted an interim order on 17.07.2019, to continue at Muvattupuzha Depot, for the time being.

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Sd/-

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ANIL K. NARENDRAN JUDGE

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF MEMORANDUM NO.P20510/2019-MVPA DATED 01.07.2019. EXHIBIT P2 A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.RAJALEKSHMY, REG.NO.41520, ASSISTANT SURGEON, FAMILY HEALTH CENTRE, MUTTOM, THODUPUZHA DATED 02.07.2019.

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EXHIBIT P3 A TRUE COPY OF APPENDIX-IV OF WAGE REVISION SETTLEMENT, 2012.

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EXHIBIT P4 A TRUE COPY OF CERTIFICATE DATED 03.07.2019 ISSUED BY SMT.BINDU SEBASTIAN, CHAIRPERSON, DEVELOPMENT STANDING COMMITTEE, WARD NO.2, VALAKAM, MUNNILAVU GRAMA PANCHAYAT.

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EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 03.07.2019 SUBMITTED BEFORE THE FIRST RESPONDENT.

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EXHIBIT P6 A TRUE COPY OF THE INTERIM ORDER DATED 18.06.2019 IN W.P.(C)NO.15247/2019.

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RESPONDENT'S EXHIBITS: NIL

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TRUE COPY

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P.A. TO JUDGE

Elsykutty K.J. v. Kerala State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

Elsykutty K.J. v. Kerala State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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