This petition challenged an order refusing cancellation of a temporary work-based transfer. The Court rejected medical evidence and found no jurisdiction to interfere.
Petitioner to retain no relief; challenge to transfer refusal order fails.
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 MR. JUSTICE SATHISH NINAN
MONDAY, THE 14TH DAY OF SEPTEMBER 2020 / 23RD BHADRA, 1942
WP(C).No.11558 OF 2020(T)
PETITIONER:
C.VIJAYAPPAN, AGED 50 YEARS
S/O. CHELLAPPAN, DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, CHERTHALA DEPOT (RESIDING AT KARICKATHARA VELI, KANICHUKULANGARA, CHERTHALA P.O, 688 582)
BY ADV. SRI.K.P.JUSTINE (KARIPAT)
RESPONDENTS:
R1-5 BY ADV. SRI.DEEPU THANKAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = = W.P.(C) No.11558 of 2020
= = = = = = = = = = = = = = = = = = Dated this the 14th day of September, 2020
JUDGMENT
The petitioner is a Driver employed in the KSRTC. While he was working at the Alappuzha Depot,
he was transferred to Parassala Depot on work arrangement. The petitioner submitted a
representation seeking cancellation of the transfer and to retain him at Alappuzha Depot. Alleging nonconsideration of his representation, he approached this Court in W.P.(C) No.6537 of 2019. Pursuant to the directions by this Court, the petitioner was heard and Ext.P11 order was passed on his representation. As per Ext.P11, his request was declined. The said order is under challenge in this writ petition.
well as the learned Standing Counsel for the
W.P.(C) No.11558 of 2020
:- 2 :-
respondent.
W.P.(C) No.11558 of 2020
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of this writ petition will be without prejudice to the rights of the petitioner to challenge the disciplinary proceedings, on its merits if any.
Sd/- SATHISH NINAN JUDGE
kns/-
//True Copy//
P.S. to Judge
WP(C).No.11558 OF 2020(T)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DUTY PASS ISSUED TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE MEMORANDUM NO. PL3/2392/18/ALP DATED 22-02-2019 ISSUED BY THE 4TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF TRANSFER GUIDELINES ISSUED B THE KSRTC. EXHIBIT P4 TRUE COPY OF THE CERTIFICATE NO. KMS 31198/12/ALP. DATED 14-11-2012 ISSUED BY THE TAHSILDAR, CHERTHALA EXHIBIT P5 TRUE COPY OF THE G.O(P) NO. 22/2009/P AND ARD DATED 30-12-2009 EXHIBIT P6 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. RAJESH S M.D (AY.) DATED 1-3-2019 EXHIBIT P7 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. RAJESH S KARIMAL, BAMS M.D (AY.) DATED 24-07-2015 EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 22-11-2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P9 TRUE COPY OF THE RPERESNTATIOND ATED 23-2-2019 BEFORE THE 2ND RESPONDENT EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 5-3-2019 IN W.P(C) NO. 6537/2019 EXHIBIT P11 TRUE COPY OF THE ORDER NO. PL 13/00784/19 DATED 31-08-2019 EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 15-11-2019 IN W.P(C) NO. 25653/2019
2 issues framed by the court
Whether the High Court had jurisdiction to interfere with the transfer order on work arrangement.
Whether the annexed medical certificates supported the petitioner's claim to cancel the transfer.
1 provisions across 1 enactments
C.Vijayappan
The Kerala State Road Transport Corporation
The Managing Director, KSRTC
The Executive Director (Administration), KSRTC
The District Transport Officer, Alappuzha
The District Transport Officer, Parassala
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
