Disposed

Thulasi M.K. v. the Chairman and Managing Director

Kerala HC28 Mar 2022WP(C)/717/2022

Case brief

AI extract

What is this about?

Petitioner, an Assistant Salesman in Kerala State Civil Supplies Corporation Ltd., challenged her transfer. She sought re-transference due to Corona infection and seven+ prior transfers. The Court held that while ultimate decision lies with the employer, it directed the Respondent to consider her representation within two weeks noting an existing vacancy.

What did the court decide?

Directed the 2nd respondent to take a decision on the petitioner's representation for re-transfer to Kattapana Peoples Bazar within two weeks.

Thulasi M.K. Vs the Chairman and Managing Director — Service and Employment | Kerala HC (2022)

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WP(C).717/22

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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 V.G.ARUN

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MONDAY, THE 28^TH DAY OF MARCH 2022 / 7TH CHAITHRA, 1944

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WP(C) NO. 717 OF 2022

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PETITIONER/S:

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THULASI M.K. AGED 46 YEARS W/O. SHAJI K.R., KULATHUMKAL HOUSE, AMBALAKKAVALA, KATTAPPANA SOUTH P.O., IDUKKI, PIN - 685 515.

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BY ADVS. G.SANTHOSH KUMAR (P). VINEETH V.

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RESPONDENT/S:

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1 THE CHAIRMAN AND MANAGING DIRECTOR KERALA STATE CIVIL SUPPLIES CORPORATION LTD., MAVELI BHAVAN, GANDHI NAGAR, KOCHI - 682 020.

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2 THE ADDITIONAL GENERAL MANAGER (P&A) KERALA STATE CIVIL SUPPLIES CORPORATION LTD., MAVELI BHAVAN, GANDHI NAGAR, KOCHI, PIN - 682 020.

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3 THE REGIONAL MANAGER SUPPLYCO REGIONAL OFFICE, PLANTON GODOWN, NAGAMPADAM, SH MOUNT P.O., KOTTAYAM, PIN- 686 006.

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4 THE ASSISTANT MANAGER SUPPLYCO TALUK DEPOT, NEDUMKANDAM, ELANTHOOR BUILDING, NEDUMKANDAM P.O., IDUKKI, PIN - 685 553.

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5 ADDL. R5. SARANYA.C.S CHEMPANKULAM HOUSE, AYYAPPANKOVIL P.O., THONITHADY, IDUKKI DISTRICT, PIN- 685 507

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ADDL. R5 IS IMPLEADED AS PER ORDER DATED 07.02.2022 IN I.A.1/2022 IN WP(C).717/2022.

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WP(C).717/22

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BY ADV R.LAKSHMI NARAYAN

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OTHER PRESENT:

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SC MOLLY JACOB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2022, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

WP(C).717/22

V.G.ARUN, J.

----------------------------------------------W.P(C).No. 717 of 2022

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----------------------------------------------Dated this the 28^th day of March, 2022

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JUDGMENT

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Petitioner, while working as Assistant Salesman at the

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Kattapana Peoples Bazar of the Kerala State Civil Supplies Corporation Ltd. was transferred to Kanchiyar Super Market as per Exhibit P14 order. The petitioner has submitted Exhibit P15 representation before the 2^nd respondent seeking re-transfer to the Kattapana Peoples Bazar. The petitioner's physical condition, after being infected with Corona Virus, is projected as one of the reasons for seeking re-transfer. Further, the petitioner has also pointed out that within a span of seven years, she was transferred seven times, out of which only two transfers were at her behest.

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Learned counsel for the petitioner submits that as on date, a vacancy is available at Peoples Bazar consequent to the 5^th respondent being appointed as Junior Assistant in the K.S.F.E. Further, stock verification at the Kattapana Peoples Bazar is about to commence and the petitioner's presence during stock verification is necessary.

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WP(C).717/22

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Learned Standing Counsel for the respondent Corporation submitted that the petitioner's transfer was made due to administrative exigency and no interference is warranted in exercise of the power of judicial review.

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While I see no reason to interfere with the order of transfer, I also find that the petitioner has succeeded in making out a case for consideration of her request for transfer to the Kattapana Peoples Bazar. No doubt, the ultimate decision is to be taken by the employer after taking into account all aspects, including administrative exigencies.

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Hence, the writ petition is disposed of directing the 2^nd respondent to take a decision on Exhibit P15 representation after adverting to Exhibit P17 which reveals that as on date, a vacancy is available at the Kattapana Peoples Bazar. The decision shall be taken within two weeks of receipt of a copy of this judgment.

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Sd/V.G.ARUN, JUDGE

vgs

WP(C).717/22

APPENDIX OF WP(C) 717/2022

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF PROCEEDINGS DATED 17/06/2015 ISSUED BY THE 4TH RESPONDENT.
Exhibit P2	TRUE COPY OF THE PROCEEDINGS DATED 08/10/2015 ISSUED BY THE 4TH RESPONDENT.
Exhibit P3	TRUE COPY OF THE PROCEEDINGS DATED 03/03/2016 ISSUED BY THE 4TH RESPONDENT.
Exhibit P4	TRUE COPY OF THE PROCEEDINGS DATED 25/10/2017 ISSUED BY THE 4TH RESPONDENT.
Exhibit P5	TRUE COPY OF THE RELEVANT PAGE OF THE DISCHARGE SUMMARY DATED 08/04/2018 ISSUED BY ARCHANA HOSPITAL, THODUPUZHA.
Exhibit P6	TRUE COPY OF THE PROCEEDINGS DATED 10/07/2018 ISSUED BY THE 4TH RESPONDENT.
Exhibit P7	TRUE COPY OF THE RELEVANT PAGE OF THE PROCEEDING DATED 07/01/2020 ISSUED BY THE 4TH RESPONDENT.
Exhibit P8	TRUE COPY OF THE FELICITATION CERTIFICATE DATED 01/07/2020 ISSUED BY THE 4TH RESPONDENT.
Exhibit P9	TRUE COPY OF THE COVID-19 QUARANTINE & ISLOATION CERTIFICATE ISSUED BY TALUK HOSPITAL, KATTAPPANA DATED 21/01/2021.
Exhibit P10	TRUE COPY OF THE PROCEEDINGS DATED 22/04/2021 ISSUED BY THE 4TH RESPONDENT.
Exhibit P11	TRUE COPY OF THE NOTICE DATED 07/10/2021 ISSUED BY THE 4TH RESPONDENT.

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WP(C).717/22

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Exhibit P12 TRUE COPY OF THE EXPLANATION OFFERED BY THE PETITIONER DATED 11/10/2021 BEFORE THE 4TH RESPONDENT. Exhibit P13 TRUE COPY OF THE ORDER DATED 06/11/2021 ISSUED BY THE 4TH RESPONDENT. Exhibit P14 TRUE COPY OF THE PROCEEDINGS DATED 06/01/2022 ISSUED BY THE 4TH RESPONDENT. Exhibit P15 TRUE COPY OF THE REPRESENTATION DATED 06/01/2022 PREFERRED BY THE PETITIONER FROM THE 2ND RESPONDENT. Exhibit P16 TRUE COPY OF THE CIRCULAR NO.D9 - 42170/19 (1) DATED 26/10/2021 ISSUED BY THE 2ND RESPONDENT.

Thulasi M.K. v. the Chairman and Managing Director

Case brief

What is this about?

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Thulasi M.K. v. the Chairman and Managing Director

Case brief

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