Remanded

Muhammed Ali R.K. v. the Managing Director, Kerala Water Authority

Kerala HC22 Oct 2021WP(C)/17583/2021

Case brief

AI extract

What is this about?

The High Court of Kerala examined a petitioner's grievance regarding alleged malafide transfers violating seniority norms. It directed the 1st respondent to reconsider the matter in light of an interlocutory application and provide hearing opportunities.

What did the court decide?

The petition was disposed by directing the 1st respondent to consider the representation and produce a reasoned order within one month after hearing all parties.

Muhammed Ali R.K. Vs the Managing Director, Kerala… — Service and Employment | Kerala HC (2021)

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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 SUNIL THOMAS

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FRIDAY, THE 22^ND DAY OF OCTOBER 2021 / 30TH ASWINA, 1943

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W.P.(C) NO.17583 OF 2021

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PETITIONER:

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MUHAMMED ALI R.K.,

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AGED 43 YEARS, S/O.HUSSAIN R.K., METER INSPECTOR, WATER SUPPLY SUB DIVISION, KERALA WATER AUTHORITY, THRIPUNITHURA, ERNAKULAM DISTRICT, RESIDING AT RAYAN KANDIYEL HOUSE, KIZHAKOOTH P.O., KODUVALLY, THAMARASSERY, KOZHIKODE DISTRICT.

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BY ADVS.MANOJ RAMASWAMY JOLIMA GEORGE JISHA SASI

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RESPONDENTS:

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1 THE MANAGING DIRECTOR, KERALA WATER AUTHORITY,"JALA BHAVAN", VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033.

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2 THE CHIEF ENGINEER (GENERAL), KERALA WATER AUTHORITY, "JALA BHAVAN", VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033.

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3 THE DEPUTY CHIEF ENGINEER (GENERAL), KERALA WATER AUTHORITY, "JALA BHAVAN", VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033.

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4 SANJAY T.P., METER INSPECTOR, PUBLIC HEALTH SECTION, CHITTOOR, PALAKKAD DISTRICT-678 101.

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5 RASHEED POCKERKUTTY P.P., METER INSPECTOR, PUBIC HEALTH SECTION, TIRUR, MALAPPURAM-676 101.

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BY ADV SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO.17583 OF 2021

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JUDGMENT

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The grievance of the petitioner is that his rightful claim for a transfer to his own district, considering his seniority and preferential claim as per the norms governing transfer in the Kerala Water Authority, were not considered and persons junior to him have been preferred. They are respondents 4 and 5 and specifically, malafides is alleged in the transfer.

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To demonstrate his contention, the petitioner has specifically referred to specific instance in paragraph 4 of I.A.No.1 of 2021. He has specifically claimed that he has a better point considering his entire tenure.

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Relying on this, the learned Standing Counsel for the Kerala Water Authority was called upon to specifically answer to paragraph 4 of the above interlocutory application.

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Though no specific reply has been submitted to counter the allegations in the affidavit in support of I.A.No.1 of 2021, prima facie , it appears that there is justification in the contention set up by the petitioner to set up a claim above respondents 4 and 5. Necessarily, it is for the Water Authority to consider this and to rectify the grievance of the petitioner, strictly in accordance with

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W.P.(C) NO.17583 OF 2021

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the norms.

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Having considered this, I am inclined to dispose of the writ petition by directing the 1^st respondent to consider the representation in the light of Ext.P12 appeal dated 08.08.2021 and in the light of the averments contained in the affidavit in support of I.A.No.1 of 2021. The petitioner shall produce a copy of the writ petition as well the interlocutory application before the authority as expeditiously as possible. The 2^nd respondent shall take appropriate decision within a period of one month from the date of receipt of a copy of this judgment, after giving a reasonable opportunity of being heard to the petitioner and respondents 4 and 5, in the light of what is mentioned above.

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Sd/- SUNIL THOMAS JUDGE

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bpr

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W.P.(C) NO.17583 OF 2021

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APPENDIX

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PETITIONER'S EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE APPLICATION FOR GENERAL TRANSFER 2020 (RELEVANT PORTION).
EXHIBIT P2	TRUE COPY OF THE REJECTED APPLICATIONS LIST DATED 26/07/2020.
EXHIBIT P3	TRUE COPY OF THE REPRESENTATION DATED 03/02/2021 BEFORE THE 2ND RESPONDENT.
EXHIBIT P4	TRUE COPY OF THE REPRESENTATION DATED 03/02/2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P5	TRUE COPY OF THE JUDGMENT DATED 24/03/2021 IN W.P.(C) NO.7455 OF 2021 BY THIS HON'BLE COURT.
EXHIBIT P6	TRUE COPY OF THE COMMUNICATION DATED 28/06/2021 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P7	TRUE COPY OF THE APPLICATION FOR GENERAL TRANSFER DATED 13/06/2021 SUBMITTED BY THE PETITIONER.
EXHIBIT P8	TRUE COPY OF THE DRAFT LIST DATED 02/07/2021.
EXHIBIT P9	TRUE COPY OF THE DRAFT LIST DATED 12/07/2021.
EXHIBIT P10	TRUE COPY OF THE APPEAL DATED 14/07/2021.
EXHIBIT P11	TRUE COPY OF THE ORDER VIDE NO.10503/E3/2021/KWA DATED 06/08/2021.
EXHIBIT P12	TRUE COPY OF THE APPEAL DATED 08/08/2021.
EXHIBIT P13	TRUE COPY OF THE CIRCULAR VIDE NO.1544/E1/2021/KWA DATED 03/06/2021.

Muhammed Ali R.K. v. the Managing Director, Kerala Water Authority

Case brief

What is this about?

What did the court decide?

Muhammed Ali R.K. v. the Managing Director, Kerala Water Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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