Widow employee challenged her transfer order contending only the Managing Director had power to transfer her per an earlier judgment. Court directed the Deputy Chief Engineer to decide her representation in light of that judgment within six weeks; interim stay of transfer continued till then.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 20TH DAY OF MARCH 2024 / 30TH PHALGUNA, 1945
WP(C) NO. 11403 OF 2024
PETITIONER/S:
SREEKALA. B, AGED 52 YEARS W/O LATE SURESH KUMAR. P, UD CLERK (H/G), P.H SUB DIVISION, CHAVARA, KOLLAM DISTRICT, RESIDING AT SREELAKAM, KUREEPPUZHA, VALLIKKEEZHU, KAVANADU P.O, KOLLAM DISTRICT, PIN - 691583 BY ADV A.JANI(KOLLAM)
RESPONDENT/S:
1 MANAGING DIRECTOR, THE KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM, PIN - 695001 2 THE DEPUTY CHIEF ENGINEER (GENERAL), HEAD OFFICE, KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM, PIN - 69500
OTHER PRESENT:
SC SRI. P.M JOHNY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
(Dated this the 20th day of March 2024)
The petitioner is a widow. Her husband was working
as a pump operator in the Kerala Water Authority. While
in service, he passed away, and the petitioner got a compassionate appointment as Lower Division Clerk. On
30.10.2012, the petitioner was promoted as Upper Division
Clerk. The petitioner was transferred as per Ext.P1 order dated 08.03.2024 by the Deputy Chief Engineer/ Superintending Engineer/Project Director from PH Sub Division Chavara, Kollam to PH Circle, Thriuvalla. He filed Ext.P2 representation before the 2nd respondent against the transfer, requesting to reconsider the same and to cancel the transfer order. The said representation was filed on
15.03.2024.
WPC 11403/2024
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argument that, as per the judgment of this Court in Ramachandran Nair P.K v. Managing Director, Kerala Water Authority, Tvm and Others (2013 (2) KHC 735) the Managing Director alone has the power to transfer the petitioner, which is confirmed by this Court in the above judgment.
3. The Standing Counsel for the respondents submits
that Ext.P2 can be disposed of in accordance with law.
Therefore, the writ petition is disposed of, directing the 2nd respondent to take up Ext.P2 representation and pass appropriate orders, in the light of the judgment in Ramachandran Nair (supra), and also taking into consideration the contention that Ext.P1 is not issued by the competent authority, within a period of six weeks from the
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date of receipt of a copy of the judgment. Till such time,
Ext.P1 will stand stayed, if the petitioner is not relieved as
on date.
Sd/-
BASANT BALAJI JUDGE
JS
WPC 11403/2024
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APPENDIX OF WP(C) 11403/2024
PETITIONER EXHIBITS
Exhibit P 1 A TRUE COPY OF PROCEEDINGS NO. 11647/E9/2021/KWAPART -(II) DATED 08/03/2024
Exhibit P2 THE TRUE COPY OF REPRESENTATION DATED 15/03/2024 SUBMITTED BY THE 2ND RESPONDENT
2 issues framed by the court
Whether the transfer order Ext.P1 was issued by the competent authority under the Ramachandran Nair judgment.
How should the pending representation against the transfer be disposed of?
Colour shows how this judgement treated each authority
Ramachandran Nair P.K v. Managing Director, Kerala Water Authority, Tvm and OthersRelied on¶2
2013 (2) KHC 735
Sreekala. B
Managing Director, The Kerala Water Authority
Deputy Chief Engineer (General), Head Office, Kerala Water Authority
Basant Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
