Disposed

K Sunilkumar v. Food Corporation of India

Kerala HC11 Jul 2023WP(C)/15255/2023

Case brief

AI extract

What is this about?

This judgment deals with a writ petition challenging the transfer of a petitioner from Kerala to Andhra Pradesh following his promotion. The Court held that employees on promotion involving a change of category must be transferred. The petition was disposed of noting the petitioner could file a fresh representation for Karnataka.

What did the court decide?

The writ petition is disposed of; the petitioner is at liberty to approach the respondents by representation for transfer to Karnataka.

K Sunilkumar Vs Food Corporation of India — Service and Employment | Kerala HC (2023)

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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 N.NAGARESH

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TUESDAY, THE 11^TH DAY OF JULY 2023 / 20TH ASHADHA, 1945 WP(C) NO. 15255 OF 2023

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PETITIONER:

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K SUNILKUMAR, AGED 52 YEARS S/O LATE K KOLAVAN, KACHERI PARAMBIL HOUSE, HOUSE NO. 82, KSHB COLONY, HARITHA NAGAR, MULAMKUNNATHUKAVU, THRISSUR, PIN - 680581 BY ADVS. K.R.ARUN KRISHNAN DEEPA K.RADHAKRISHNAN JISSMON A KURIAKOSE SANAL C.S

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RESPONDENTS:

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1 FOOD CORPORATION OF INDIA, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, HEAD QUARTERS, 16-20, BARAKHAMBA LANE, NEW DELHI, PIN - 110001

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2 THE EXECUTIVE DIRECTOR(SOUTH), FOOD CORPORATION OF INDIA, ZONAL OFFICE, CHENNAI, PIN - 600006

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3 THE DEPUTY GENERAL MANAGER FOOD CORPORATION OF INDIA, ZONAL OFFICE, NO.3, HADDOWS ROAD, NUNGAMBAKKAM, CHENNAI, PIN - 600006

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4 THE GENERAL MANAGER (REGION), FOOD CORPORATION OF INDIA, REGIONAL OFFICE, KESAVADASAPURAM, PATTOM (POST), THIRUVANANTHAPURAM, PIN - 695004

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5 THE DIVISIONAL MANAGER, FOOD CORPORATION OF INDIA, DIVISIONAL OFFICE, PALAKKAD, PIN - 678731 BY ADVS. SRI.JOSE KURIAKOSE SMT.K R.KRISHNAKUMARI, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.15255 of 2023

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J U D G M E N T

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-----------------------

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Dated this the 11^th day of July, 2023

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The petitioner, who was working as Assistant Grade I (General) and notionally promoted to the post of Manager (General) under UR category and was posted in Andhra Pradesh Region, is aggrieved by the transfer imposed on him to Andhra Pradesh. The petitioner had submitted Ext.P4 representation dated 10.04.2023 requesting to retain the petitioner in Kerala Region up to 31.03.2024 and to permit to join Karnataka Region.

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The petitioner submits that the 2^nd respondent has not dealt with the grievance of the petitioner bona fide . His wife is working in Banglore in a non-transferable job. The Hon'ble Apex Court has held that transfers during mid academic

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WP(C) No.15255 of 2023 : 3 :

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session should not be resorted to. Ext.P1 order is contrary to the guidelines of the respondents, contends the petitioner.

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Standing Counsel entered appearance and resisted the writ petition. The Standing Counsel pointed out that as per Ext.R1(a) Guidelines dated 22.03.2021, when an employee is transferred on promotion from Category III to Category II post, it will involve change of Region. Therefore, it was necessary that the petitioner is transferred out from Kerala Region. In such circumstances, the petitioner has been transferred to Andhra Pradesh Region. As the petitioner's transfer is on promotion, the petitioner cannot shirk the responsibility of joining at transfer station.

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The Standing Counsel further pointed out that the transfer has already been effected and the petitioner has joined the Andhra Pradesh Region on 03.05.2023. In that view of the matter, the writ petition has become infructuous.

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I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the

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respondents.

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The specific case of the petitioner is that in view of Clause 11.8 of Ext.P2 Guidelines, employees whose children are studying in Class X & XII will be exempted from routine transfers. This exemption can be availed only in case of transfer occurring during such specific academic year and up to the end of the academic session only. The respondents have violated this Guidelines, contends the petitioner.

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I find that as per the Guidelines dated 22.03.2021 an employee on promotion shall be invariably transferred from their present work profile and when they are transferred from Category III to Category II post, it will involve change of region. The petitioner has been transferred from Category III to Category II. In that view of the matter, I do not find any illegality in transferring the petitioner to Andhra Pradesh.

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Be that as it may, the petitioner submits that the petitioner's wife is working in Banglore which is a region different from Kerala. If the petitioner is posted to Banglore,

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WP(C) No.15255 of 2023

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that would be of great help to the petitioner and his family including his school going children.

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If the petitioner wants a transfer to Karnataka Region, the petitioner will be at liberty to approach the respondents making appropriate representation for transfer. If

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the petitioner makes such a representation, it shall be considered by the 1^st respondent in accordance with law.

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The writ petition is disposed of as above.

Sd/N. NAGARESH

JUDGE

sss

WP(C) No.15255 of 2023

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APPENDIX OF WP(C) 15255/2023

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PETITIONER'S EXHIBITS

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EXHIBIT-P1	TRUE COPY OF OFFICE NO.26/RPI//2023 DATED 07.04.2023 BY THE 3RD RESPONDENT.	ORDER ISSUED
EXHIBIT-P2	TRUE COPY OF CIRCULAR NO:EP-O3-2 DATED 15.12.2021.	021-31
EXHIBIT-P3	TRUE COPY OF THE CERTIFICATE ISS	UED BY
	THE HEAD OF THE INSTITUTION 01.04.2023.	DATED
EXHIBIT-P4	TRUE COPY OF THE REPRESENTATION 02.01.2023.	DATED
EXHIBIT-P5	TRUE COPY OF REPRESENTATION 10.04.2023 ALONG WITH ALL DOCUME THE 2ND RESPONDENT THROUGH CHANNEL.	DATED NTS TO PROPER
EXHIBIT-P6	A TRUE COPY OF ORDER DATED 28.0 ISSUED FOR AND ON BEHALF O RESPONDENT.	4.2023 F 2ND
EXHIBIT P 7	A TRUE COPY OF THE OFFICE NO.19/RPI/2023 DATED 07.04.2023.	ORDER
EXHIBIT P 8	A TRUE COPY OF THE OFFICE ORDERS 09/06/2022.	DATED
EXHIBIT P 9	A TRUE COPY OF THE OFFICE ORDERS 24/06/2022.	DATED
EXHIBIT P 10	A TRUE COPY OF THE PROMOTION DATED 04/05/2023.	ORDER
EXHIBIT P 11	A TRUE COPY OF THE RETENTION DATED 23/05/2023.	ORDER
EXHIBIT P 12	A TRUE COPY OF THE OFFICE NO.32/RPI/2023 DATED 28/04/2023.	ORDER
EXHIBIT P 13	A TRUE COPY OF THE OFFICE NO.23/RPI/2023 DATED 07.04.2023.	ORDER
EXHIBIT P 14	A TRUE COPY OF THE OFFICE NO.31/RPI/2023 DATED 28/04/2023.	ORDER
EXHIBIT P 15	A TRUE COPY OF THE OFFICE ORDER 27/06/2022.	DATED

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RESPONDENT EXHIBITS

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EXHIBIT-R1(A) TRUE COPY OF THE CIRCULAR NO.EP-032021-06 DATED 22.03.2021 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT. EXHIBIT-R1(B) TRUE COPY OF THE OFFICE ORDER BEARING LR.NO.ESTT3/1/2015 DATED 08.05.2023.

K Sunilkumar v. Food Corporation of India

Case brief

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K Sunilkumar v. Food Corporation of India

Case brief

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