Dismissed

Susan K.I v. Kerala State Financial Enterprises Limited (Ksfe)

Kerala HC5 Nov 2021WP(C)/23399/2021

Case brief

AI extract

What is this about?

The petitioner, an Assistant Manager, challenged her transfer from Angamaly to Mookkannur, citing medical issues and excessive transfers. The court found the new branch was only 6km away and ordered for administrative exigency, dismissing the petition as it would cause no prejudice.

What did the court decide?

The writ petition challenging the transfer order dated 21.10.2021 is dismissed.

Susan K.I Vs Kerala State Financial Enterprises… — 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 5^TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943

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WP(C) NO. 23399 OF 2021

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PETITIONER/S:

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SUSAN K.I, AGED 53 YEARS,W/O. THOMASKUTTY M.J, MENACHERY HOUSE, ERUMATHALA P.O, ALUVA, ERNAKULAM DISTRICT, PIN - 683112, NOW RESIDING AT 5/236, BROTHERAN ASSEMBLY HALL, ELOOR ROAD, NORTH KALAMASSERY, ERNAKULAM - 683104, [ASSISTANT MANAGER, KSEF LTD, ANGAMALY IIND BRANCH]

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BY ADV R.PUSHPANGATHAN PILLAI

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RESPONDENT/S:

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1 KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE) (A GOVERNMENT OF KERALA UNDERTAKING), 'BHADRATHA', MUSEUM ROAD, P.B. NO. 510, THRISSUR - 680020, REPRESENTED BY THE MANAGING DIRECTOR.

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2 THE MANAGING DIRECTOR, KERALA STATE FINANCIAL ENTERPRISES LTD, HEAD OFFICE, 'BHADRATHA', MUSEUM ROAD, P.B. NO. 510, THRISSUR - 680020

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3 THE DEPUTY GENERAL MANAGER (P & HR), KERALA STATE FINANCIAL ENTERPRISES LTD, HEAD OFFICE, 'BHADRATHA', MUSEUM ROAD, P.B. NO. 510, THRISSUR - 680020

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4 THE ASSISTANT GENERAL MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD, REGIONAL OFFICE, KAKKANAD P.O, ERNAKULAM - 682021.

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5 THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD, ANGAMALY II ND BRANCH, ANGAMALY, THRISSUR DISTRICT, PIN - 680308.

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WP(C) NO. 23399 OF 2021

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BY ADVS. M.GOPIKRISHNAN NAMBIAR K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 23399 OF 2021 3

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JUDGMENT

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The petitioner, who is now employed as Assistant Manager of the KSFE was ordered to be transferred from Angamaly to Mookkannur by Ext.P1 order dated 21.10.2021. She has challenged it on the ground that she has undergone several transfers in the previous periods and now she is again ordered to be transferred to Mookkannur. She claims that she has got multilevel degenerative disc disease as evident from Ext.P3 and cannot travel to a distant place. Contending that transfer was ordered to accommodate other persons, the petitioner has approached this court.

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The records reveal that the petitioner was earlier promoted and posted to Thiruvilwamala, where she worked from September 2019 to November 2020. Thereafter, in 2010 she was transferred from Thiruvilwamala to Angamalay, where she is continuing now. It is from that place she has now been transferred to Mookkannur.

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WP(C) NO. 23399 OF 2021 4

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The learned counsel for the KSFE vehemently supported the transfer contending that she has been transferred due to administrative exigency. Angamaly branch at present has three Assistant Managers whereas, at Mookkannur, which has also substantial work, there is only one Assistant Manager, who is a fresh hand and a competent comparative senior officer is required there. It was also pointed out by the learned counsel for the KSFE that Mookkannur is only less than 6km away from Angamaly.

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After having heard the learned counsel for the petitioner and the learned counsel for the KSFE, it is emerges that the petitioner is now staying at North Kalamasserry from where she travels to Angamaly. The facts disclosed by the respondents indicates that there is an administrative exigency. She has been transferred to Mookkannur subject to the regularisation as evident from Ext.P1, wherein her name appears at serial No.489. Having considered the fact that in spite of the degenerative

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WP(C) NO. 23399 OF 2021 5

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disease referred in Ext.P3, the petitioner now travels from North Kalamassery to reach Angamaly. She has been transferred to a place which is only less than 6km away due to administrative exigency. It will not cause any prejudice to her. Nothing is on record to show any violation of Rules or Statutes and even does not attribute any clear malafides. I find no reason to interfere in Ext.P1. Writ Petition fails and is dismissed.

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Sd/- SUNIL THOMAS, JUDGE

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R.AV

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WP(C) NO. 23399 OF 2021

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APPENDIX OF WP(C) 23399/2021

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE ORDER REFERENCE NO.4307/ADMN. DATED 21.10.2021 ISSUED BY THE 2ND RESPONDENT.
Exhibit P2	TRUE COPY OF THE MODIFIED TRANSFER NORMS DATED 29.03.2012 ALONG WITH CIRCULAR NO.14/2012(P & HR).
Exhibit P3	TRUE COPY OF THE SCANNING REPORT IN RESPECT OF THE HUSBAND OF THE PETITIONER CARRIED OUT AT MALANKARA ORTHODOX CYRIAN CHURCH MEDICAL COLLEGE HOSPITAL, DATED 06.07.2021.
Exhibit P4	TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY THE DEPARTMENT OF NEUROSURGERY AT MOSC MEDICAL MISSION HOSPITAL DATED 15.07.2021.
Exhibit P5	TRUE COPY OF THE MEDICAL PRESCRIPTION DATED 14.11.2015 ISSUED BY THE KANDAMKULATHY AYURVEDA HOSPITAL.
Exhibit P6	TRUE COPY OF THE MEDICAL CERTIFICATE DATED 23.10.2021 ALONG WITH THE OP TICKET.
Exhibit P7	TRUE COPY OF THE REPRESENTATION DATED 23.09.2021 BEFORE THE 5TH RESPONDENT WITH COPIES TO RESPONDENTS 2 TO 4.

Susan K.I v. Kerala State Financial Enterprises Limited (Ksfe)

Case brief

What is this about?

What did the court decide?

Susan K.I v. Kerala State Financial Enterprises Limited (Ksfe)

Case brief

What is this about?

What did the court decide?

What the court decided

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