Disposed

Ajith Kumar P.K. v. the Kerala State Financial Enterprises Limited

Kerala HC1 Jul 2021WP(C)/4030/2021

Case brief

AI extract

What is this about?

The petitioner challenged orders transferring him as Deputy Manager. While characterizing directions, the court opined it is for the employer to consider the petitioners written representation regarding transfer difficulties and ordered the Managing Director to dispose of it within one month.

What did the court decide?

Direction to the Managing Director of 1st respondent consider petitioners representation (Ext.P11) and pass orders within one month.

Ajith Kumar P.K. Vs the Kerala State Financial… — Service and Employment | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶4

THURSDAY, THE 1^ST DAY OF JULY 2021 / 10TH ASHADHA, 1943

¶5

WP(C) NO. 4030 OF 2021

¶6

PETITIONER:

¶7

AJITH KUMAR P.K. AGED 55 YEARS

¶8

S/O LATE G. KUTTAPPAN, DEPUTY MANAGER, K.S.E.F. LIMITED, KUNNICODE BRANCH, KUNNICODE P.O.PUNALUR , KOLLAM-691 508, RESIDING AT ANUSREE, KARIKKAL, KARIMPINPUZHA P.O.KOTTARAKKARA, KOLLAM-691 507. BY ADV B.MOHANLAL

¶9

RESPONDENTS:

¶10

1 THE KERALA STATE FINANCIAL ENTERPRISES LIMITED REGISTERED OFFICE, BHADRATHA MUSEUM ROAD, P.B. NO 510, THRISSUR-680 020, REPRESENTED BY THE MANAGING DIRECTOR. 2 THE ASSISTANT GENERAL MANAGER (REGION), THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, ATTINGAL P.O.THIRUVANANTHAPURAM-695 101

¶11

3 SRI. RADHAKRISHNA PILLAI, ASSISTANT GENERAL MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, ATTINGAL P.O.THIRUVANANTHAPURAM-695 101

¶12

4 THE BRANCH MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, KUNNICODE P.O.PUNALUR, KOLLAM-691 508.

¶13

5 THE BOARD OF DIRECTORS OF THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, REGISTERED OFFICE, BHADRATHA MUSEUM ROAD P.B, NO 510, THRISSUR-680 020, REPRESENTED BY THE CHAIRMAN BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.RAJA KANNAN

¶14

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

WP(C) NO. 4030 OF 2021

¶16

¶17

JUDGMENT

¶18

This writ petition is filed seeking the following prayers:-

¶19

(i) To call for the records leading to Ext.P4, P8 and P9 Orders from the Respondents and issue a writ of certiorari or other appropriate writ, order or direction quashing ExtP4, P8 and P9 Orders transferring and relieving the Petitioner to the post of Deputy Manager from K.S.F.E. Limited, Kunnicode Branch, Kollam to. Mannarkkad, Palakkad as illegal, arbitrary, malafide and abuse of process of law.

¶20

(ii) To declare that Ext.P4 and P8 Transfer Orders and Ext.P9 Relieving Order issued by the respondents to the Petitioner on the guise of Clause 13 (IX) of the Transfer Norms is illegal, arbitrary, malafide and abuse of process of law.

¶21

(iii) To declare that Clause 13 (IX) of the Transfer Norms issued by the Respondents on the guise of the alleged misconduct, insubordination and discipline as against the Petitioner without any evidence is illegal, arbitrary, malafide and abuse of process of law and consequently Ext.P4 and P8 Transfer Orders and Ext.P9 Relieving Order issued by the Respondents have no legal backing in the eye of law.

¶22

(iv) To declare that in the absence of any provision in the Kerala Civil Services (Classification Control and Appeal) Rules 1960 enabling the Respondents to impose Transfer as a Punishment Ext.P4, P8 and P9 Transfer Orders and relieving Order of the Respondents as against the Petitioner is illegal, arbitrary, malafide and abuse of process of law.

¶23

¶24

WP(C) NO. 4030 OF 2021

¶25

v) To issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to forthwith reinstate the Petitioner to the post of Deputy Manager from K.S.F.E. Limited in the 4^th respondent Kunnicode Branch, Kollam of the K.S.F.E. Limited.

¶26

Heard the learned counsel for the petitioner and

¶27

the learned Standing Counsel appearing for the respondents.

¶28

The learned counsel for the petitioner submits that Exts.P4 and P8 transfer orders had been issued against the petitioner without considering the factual aspects of the matter including the difficulties pointed out by the petitioner.

¶29

In any view of the matter, the petitioner has approached the 1^st respondent with Ext.P11 request pointing out the difficulties faced by him due to the transfer to a distant place and seeking accommodation in any of the vacancies arising in Kollam or Pathanamthitta.

¶30

Having considered the contentions advanced, I am of the opinion that it is for the employer to consider the

¶31

WP(C) NO. 4030 OF 2021

¶32

¶33

request made by the petitioner, in accordance with law.

¶34

There will, accordingly, be a direction to the Managing Director of the 1^st respondent to take up, consider and pass orders on Ext.P11 representation preferred by the petitioner, in accordance with law, within a period of one month from the date of receipt of a copy of this judgment.

¶35

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

bng/02.07.2021

WP(C) NO. 4030 OF 2021

¶40

¶41

APPENDIX OF WP(C) 4030/2021

¶42

PETITIONER EXHIBIT

¶43

EXHIBIT	P1 THE TRUE COPY OF THE OFFICE ORDER NO 4307/ADMN DATED 24.6.2017 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER
EXHIBIT	P2 THE TRUE COPY OF THE COMMUNICATION NO 991/111/235 DATED 14.10.2020 ISSUED BY THE 2ND RESPONDENT
EXHIBIT	P3 THE TRUE COPY OF THE RELEVANT PAGES OF THE PAYMENT REJECTION DETAILS ISSUED BY THE PETITIONER
EXHIBIT	P4 THE TRUE COPY OF THE ORDER NO 49079 DATED 22.10.2020 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER
EXHIBIT	P5 THE TRUE COPY OF THE NOTICE NO 4155 DATED 15.5.2017 ISSUED BY THE 1ST RESPONDENT
EXHIBIT	P6 THE TRUE COPY OF THE DISCHARGE SUMMARY DATED 5.12.2020 AND CHEMO THERAPY TREATMENT DATED 1.8.2020 ISSUED FROM AMRITHA INSTITUTE OF MEDICAL SERVICE KOCHI TO THE PETITIONERS WIFE SMT.SREEDEVI G.
EXHIBIT	P7 THE TRUE COPY OF THE JUDGMENT DATED 30.10.2020 IN WP(C) NO 22972/2020 OF THIS HON'BLE COURT
EXHIBIT	P8 THE TRUE COPY OF THE ORDER NO.37477/P DATED 3.2.2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER

¶44

¶45

WP(C) NO. 4030 OF 2021

¶46

EXHIBIT	P9	THE TRUE COPY OF THE 10.2.2021 ISSUED BY THE PETITIONER	ORDER NO 235 DATED THE 4TH RESPONDENT TO
EXHIBIT	P10	THE TRUE COPY OF THE 04.02.2021 ISSUED BY PROMOTED THE DEPUTY/ TO THE POST OF MANAG	ORDER NO 4130 DATED THE 1ST RESPONDENT ASSISTANT MANAGERS ER
EXHIBIT	P11	THE TRUE COPY OF THE 17.03.2021 SUBMITTED BEFORE THE 1^STRESPON	APPLICATION DATED BY THE PETITIONER DENT FOR TRANSFER.
RESPONDE	NTS EXHIBIT
EXHIBIT	R1(A)	A TRUE COPY OF THE J 20/02/2021 SUBMITTED MANAGER.	OINING REPORT DATED BEFORE THE BRANCH
EXHIBIT	R1(B)	A TRUE COPY OF THE J 20/02/2021 ISSUED BY MANNARKKAD BRANCH TO	OINING REPORT DATED THE BRANCH MANAGER, THE DGM (P&HR).
EXHIBIT	R1(C)	A TRUE COPY OF THE T 26/02/2021 ISSUED BY REF;NO.4307/ADMIN.	RANSFER ORDER DATED THE K.S.F.E. VIDE

Ajith Kumar P.K. v. the Kerala State Financial Enterprises Limited

Case brief

What is this about?

What did the court decide?

Ajith Kumar P.K. v. the Kerala State Financial Enterprises Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Manas Unnikrishnan Vs University of Calicut

Hindustan College of Pharmacy Vs State of Kerala

Smitha P. Mathew Vs State of Kerala

Sreepathi.E. Vs the State of Kerala

A.Isha Beevi Vs K.B.Jayakumar

K.Kannan Vs S.Venkatesapathy IAS