Driver Grade-I challenged his transfer from Kollam to Payyannur Khadi Centre citing his wife's medical condition. The court held transfer is an incidence of service and dismissed the writ petition, leaving open his representation for a transfer to a nearby District.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 5TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945
WP(C) NO. 151 OF 2024
PETITIONER/S:
SUNIL CHANDRAN G
AGED 50 YEARS
DRIVER GRADE-I DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE,
KOLLAM RESIDING AT CHANDRABHAVANAM,KUTTIYIL, KUMBANADU P.O.
THIRUVALLA. PATHANAMTHITTA DISTRICT., PIN - 689547
BY ADV R.RAJASEKHARAN PILLAI
RESPONDENT/S:
1 THE KERALA KHADI AND VILLAGE INDUSTRIES BOARD REPRESENTED BY ITS SECRETARY, KHADI BHAVAN, VANCHIYOOR, THIRUVANANTHAPURAM -, PIN - 6950352 SECRETARY KERALA KHADI AND VILALGE INDUSTRIES BOARD, KHADI BHAVAN, VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 6950353 VICE CHAIRMAN KERALA KHADI AND VILLAGE INDUSTRIES BOARD, KHADI BHAVAN, VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695035 BY ADVS.P.Ramakrishnan Ramakrishnan Adv
N.RAJAGOPALAN NAIR, SC, KERALA KHADI AND VILLAGE INDUSTRIES
BOARD()
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.151 of 2024
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JUDGMENT
Dated this the 5th day of March, 2024
The petitioner was originally appointed as Driver Grade-
II under the first respondent. While he was working at Pathanamthitta, he was transferred to Kollam, by Ext.P1 order dated 22.12.2022, and he joined there. Now as per Ext.P5, petitioner has been transferred form Kollam to the Payyannur Khadi Centre as per order dated 28.12.2023. The petitioner has challenged the said order in this Writ Petition before this Court.
2. By an interim order dated 03.01.2024, there was an interim stay of Ext.P5, as far as the petitioner is concerned and directed the third respondent to take up Ext.P6 appeal and to pass appropriate orders within two weeks. Pursuant to the directions issued by this Court, on 05.01.2024, the third respondent took up the appeal and passed an order, rejecting the request of the petitioner. The petitioner has produced the appellate order as Ext.P7 in this Writ Petition. The case of the petitioner is that, the petitioner was given a
WP(C)No.151 of 2024
3
transfer to Kollam, was unwarranted and he should have been posted in Pathanamthitta itself. The petitioner’s wife had undergone three major surgeries and she is totally incapacitated to any hard work and his son is studying in VIII th Standard. Therefore, his presence in the house is very much needed and, if the petitioner is allowed to join Payyannur, which is at northern extremity of State of Kerala, it will cause hardship to the petitioner, as well as his family. Therefore, he seeks a direction to quash Ext.P5 and also the stay of Ext.P7.
3. A counter affidavit has been filed on behalf of the first respondent, in which it is stated that the petitioner is working in the Board as Driver Grade-I and he is having heavy driving license, authorizing him to drive LMV/HDV etc. He was transferred to Payyannur Khadi Centre in Kannur District, owing to administrative exigencies. The Payyannur Khadi Centre is the largest production hub of Khadi yarn and clothes. In order to transfer raw materials to various production centres and to collect Khadi yarn and clothes from the production centres, transportation of clothes and
WP(C)No.151 of 2024
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yarn for dyeing and returns, heavy vehicles are required. The petitioner is one of the drivers, who is having heavy driving license. It is taking into consideration that fact, the petitioner was transferred to Payyannur Khadi Centre under administrative exigencies.
4. Transfer is an incidence of service. The petitioner cannot dictate his terms regarding a transfer by the employer. He is supposed to serve wherever he is transferred, except for the fact that, his representation can be considered, if the same is owing to medical emergencies. The reason stated by the petitioner is that, his wife had undergone surgeries and his son is studying in VIII th Standard. Since, the employer is the authority to transfer any employees throughout the State of Kerala, there cannot be any malafides in this transfer.
Therefore, the Writ Petition lacks merits, and is dismissed. Since the petitioner has pointed out that his wife had undergone three surgeries, and his presence is required at the residence, the petitioner is free to approach the respondent with proper representation, highlighting all these
WP(C)No.151 of 2024
5
grievances once more. The respondent shall taking into consideration and pass appropriate orders thereafter. While dismissing the Writ Petition, it is made clear that the merits of the case as well as the contentions raised in the Writ Petition are left open to the second respondent to consider the request of the petitioner for transfer to a nearby District.
Sd/-
BASANT BALAJI JUDGE
AP
WP(C)No.151 of 2024
6
APPENDIX OF WP(C) 151/2024 |
|
|---|---|
PETITIONER EXHIBITS |
|
EXHIBIT-P1 |
TRUE COPY OF THE TRANSFER ORDER OF THEPETITIONER DATED 22.12.2022 |
EXHIBIT -P2 |
TRUE COPY OF THE REQUEST DATED 3.5.2023 OF THEPETITIONER BEFORE THE 2ND RESPONDENT |
EXHIBIT -P2A |
TRUE COPY OF THE FORWARDING LETTER OF EXT.P2DATED 17.5.2023 OF THE PROJECT OFFICER KOLLAM |
EXHIBIT -P3 |
TRUE COPY OF THE JUDGMENT DATED 19.12.2022 INW.P.(C)NO.21285/2022 OF THIS HON'BLE COURT |
EXHIBIT-P4 |
TRUE COPY OF THE ORDER G.O.(RT)NO.297/2023/IDDATED 13.4.2023 OF GOVT.OF KERALA INDUSTRIESDEPARTMENT |
EXHIBIT -P5 |
TRUE COPY OF THE TRANSFER ORDER DATED28.12.2023 OF THE PETITIONER ISSUED BY THE 2NDRESPONDENT |
EXHIBIT -P6 |
TRUE COPY OF THE APPEAL SUBMITTED BY THEPETITIONER ON 30.12.2023 BEFORE THE 3RDRESPONDENT |
EXHIBIT P7 |
TRUE COPY OF THE ORDER K.B.1796/2020/E1A DATED5.1.2024 OF THE 3RD RESPONDENT |
EXHIBIT P8 |
TRUE COPY OF THE ORDER NO.K.B.1796/2020/E1(A)DATED 26.04.2023 OF THE 2ND RESPONDENT |
EXHIBIT-P9 |
TRUE COPY OF THE OUTPATIENT TICKET OF THE |
PETITIONER AT DISTRICT HOSPITAL KOLLAMON28.12.2023 |
|
EXHIBIT-P10 |
TRUE COPY OF THE PETITIONERS OP TICKET ATKOZHENCHERY HOSPITAL ON 29.12.2023 |
RESPONDENT EXHIBITS |
|
EXHIBIT R1A |
TRUE COPY OF ORDER NO.K.B.1796/2020/E1A |
EXHIBIT R1B |
TRUE COPY OF ATTENDANCE REGISTER FOR THE MONTHOF DECEMBER,2023 |
1 issue framed by the court
Whether the transfer of the petitioner from Kollam to Payyannur Khadi Centre on administrative grounds could be quashed on grounds of family hardship.
Sunil Chandran G
The Kerala Khadi and Village Industries Board represented by its Secretary, Khadi Bhavan, Vanchiyoore, Thiruvananthapuram
Secretary, Kerala Khadi and Village Industries Board
Vice Chairman, Kerala Khadi and Village Industries Board
Basant Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court