Disposed

Shiji C.R. v. Vegetable and Fruit Promotion Council (Keralam)

Kerala HC2 Feb 2021WP(C)/78/2021

Case brief

AI extract

What is this about?

A writ petition seeking quashing of transfer orders and issuance of a writ of mandamus for immediate transfer from Idukki to Ernakulam. The court held it is for the respondents to take appropriate steps and directed them to accommodate the petitioner at Kodakara. Future claims for Ernakulam transfer are to be considered if vacancies arise.

What did the court decide?

Direction to respondents to accommodate the petitioner at Kodakara. Future claim for Ernakulam transfer to be considered if vacancies arise.

Shiji C.R. Vs Vegetable and Fruit Promotion… — Pension and Retirement Benefits | 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 MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

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WP(C).No.78 OF 2021(H)

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PETITIONER :-

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SHIJI C.R., AGED 44 YEARS S/O.RAJAPPAN, OMEPARAMBIL HOUSE, VYTTILA-THAMMANAM ROAD, COCHIN – 682 019, AT PRESENT WORKING AS DRIVER GRADE II, V.F.P.C.K (VEGETABLE AND FRUIT PROMOTION COUNCIL, KERALAM), IDUKKI DISTRICT.

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BY ADVS. SRI.BABU CHERUKARA SRI.K.K.JAYARAJ (KALLUTHARA)

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RESPONDENTS :-

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1 VEGETABLE AND FRUIT PROMOTION COUNCIL (KERALAM), MYTHRI BHAVAN, NEAR DOORADARSAN KENDRA, KAKKANADU, ERNAKULAM DISTRICT – 682 037, REPRESENTED BY THE CHIEF EXECUTIVE OFFICER.

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2 THE CHIEF EXECUTIVE OFFICER, VEGETABLE AND FRUIT PROMOTION COUNCIL (KERALAM), (VFPCK), MYTHRI BHAVAN, NEAR DOORADARSAN KENDRA, KAKKANADU, ERNAKULAM DISTRICT – 682 037.

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3 NIJAS M.J., DRIVER, VFPCK, BUILDING NO.525, GROUND FLOOR, KANIYAMPETTA, KAMBALAKKAD P.O., MANANTHAVADY, WAYANAD DISTRICT – 673 121, NOW AT VEGETABLE AND FRUIT PROMOTION COUNCIL (KERALAM), (VFPCK), KRISHI BUSINESS KENDRA, NEAR DOORADARSAN KENDRA, KAKKANADU, ERNAKULAM DISTRICT – 682 037.

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BY ADV. SRI.MAJNU KOMATH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.78 OF 2021(H)

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-: 2 :-

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JUDGMENT

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Dated this the 2nd day of February, 2021

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This writ petition is filed seeking the following reliefs :-

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“(a) Call for the records leading to Exhibit P13 transfer order and on issuing a writ of certiorari or any other appropriate writ or order to quash the same to the extent the same orders for the transfer of the petitioner from Idukki to Kozhikkode.

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(b) Call for the records leading to Exhibit P13 transfer order and on issuing a writ of certiorari or any other appropriate writ or order to quash the same to the extent the same orders for the transfer of the 3^rd respondent from Wayanad to Ernakulam, if the same found to be a barrier for the immediate transfer of the petitioner from Idukki to Ernakulam.

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(c) Issue a Writ of mandamus or any other appropriate writ or order directing the respondents 1 & 2 to provide immediate transfer of the petitioner from Idukki to Ernakulam.”

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Heard the learned counsel for the petitioner and the

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learned Standing Counsel appearing for the respondents.

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Extensive pleadings have been placed on record with

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regard to the claim of the petitioner for accommodation as driver in Ernakulam District.

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A detailed statement has been placed on record by respondents 1 and 2, wherein it is specifically contended that there was no vacancy available at Ernakulam to accommodate the petitioner. It is submitted that no steps have been taken to transfer any driver to Ernakulam and that the petitioner's claim for

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WP(C).No.78 OF 2021(H)

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-: 3 :-

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appointment at Kodakara can be considered by transferring out the incumbent at Kodakara.

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The petitioner has filed a reply affidavit stating that there are vacancies at Ernakulam.

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Having considered the contentions advanced, I am of the opinion that it is for the respondents to take appropriate steps with regard to transfer of their personnel. In view of the specific contentions raised, there will be a direction to the respondents to accommodate the petitioner at Kodakara as stated in paragraph 8 of the statement filed on behalf of respondents 1 and 2. In case any vacancy of driver arises in Ernakulam, the petitioner's claim for transfer to Ernakulam shall be considered along with the claims, if any, raised by any other employees for transfer.

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This writ petition is ordered accordingly.

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Sd/-

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ANU SIVARAMAN JUDGE

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Jvt/5.2.2021

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WP(C).No.78 OF 2021(H)

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-: 4 :-

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE ORDER NO. VFPCK/06/HR/TRANSFER AND POSTING DATED 13/07/2015 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P2	TRUE COPY OF JUDGMENT IN WPC NO.20579/2015 DATED 17/08/2015 OF THE HIGH COURT OF KERALA.
EXHIBIT P3	TRUE COPY OF REQUEST DATED 19/11/2015 GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P4	TRUE COPY OF THE DISCHARGE SUMMARY DATED 15/06/2018 ISSUED FROM INDIRA GANDHI CO-OPERATIVE HOSPITAL GANDHI NAGAR, COCHIN-20.
EXHIBIT P5	TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. C.K. BALAN, MEDICAL SUPERINTENDENT AND CHIEF PHYSICIAN INDIRA GANDHI CO-OPERATIVE HOSPITAL GANDHI NAGAR, COCHIN-20 DATED 25/06/2018.
EXHIBIT P6	TRUE COPY OF THE APPLICATION DATED 03/07/2018 FOR TRANSFER WITH A SPECIAL REQUEST DATED 03/07/2018.
EXHIBIT P7	TRUE COPY OF THE APPLICATION FOR GENERAL TRANSFER WITH SPECIAL REQUEST SUBMITTED BY THE PETITIONER DATED 15/05/2019.
EXHIBIT P8	TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. C.K. BALAN, MEDICAL SUPERINTENDENT AND CHIEF PHYSICIAN INDIRA GANDHI CO-OPERATIVE HOSPITAL GANDHI NAGAR, COCHIN-20 DATED 08/08/2020.
EXHIBIT P9	TRUE COPY OF THE RELEVANT PORTION OF THE TRANSFER RULES OF STAFF REGULATION OF VFPCK.
EXHIBIT P10	TRUE COPY OF JUDGMENT IN WPC NO.16592/2020 DATED 17/08/2020 OF THE HIGH COURT OF KERALA.
EXHIBIT P11	TRUE COPY OF THE COVERING LETTER DATED 11/11/2020 BY THE PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P12	TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 16/11/2020.
EXHIBIT P13	TRUE COPY OF THE TRANSFER ORDER DATED 29/12/2020 ISSUED BY THE 2ND RESPONDENT.

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WP(C).No.78 OF 2021(H)

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-: 5 :-

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EXHIBIT P14	TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT DATED 30/12/2020.
EXHIBIT P15	TRUE COPY OF THE MEDICAL PRESCRIPTION DATED 12/12/2020 AND 20/12/2020.
EXHIBIT P16	PROVISIONAL SENIORITY LIST OF DRIVERS IN VFPCK DATED 31/08/2018.
EXHIBIT P17	TRUE COPY OF THE RELEVANT PART OF THE STAFF STRENGTH APPROVED BY THE DIRECTOR BOARD IN THIER MEETING DATED 11.8.2010
EXHIBIT P18	TRUE COPY OF THE CHART WITH VEHICLE ALLOTMNT DONEY V.F.P.C.K

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//TRUE COPY//

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P.A. TO JUDGE

Shiji C.R. v. Vegetable and Fruit Promotion Council (Keralam)

Case brief

What is this about?

What did the court decide?

Shiji C.R. v. Vegetable and Fruit Promotion Council (Keralam)

Case brief

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What did the court decide?

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