Kerala High Court
Abdul Vahab M vs State Of Kerala on 5 August, 2020
Equivalent citations: AIRONLINE 2020 KER 486
Author: C.S.Dias
Bench: C.S.Dias
1
WPC 15565 OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 05TH DAY OF AUGUST 2020 / 14TH SRAVANA, 1942
WP(C).No.15565 OF 2020
PETITIONER/S:
1 ABDUL VAHAB M.
AGED 53 YEARS
S/O.MOHAMMED KASSIM, MADEENA, B.P.NAGAR LANE,
MARKET JUNCTION, PEYAD P.O., TRIVANDRUM- 695 573.
NOW WORKING AS D MAN GR.II, PLANNING SECTION, HEAD
OFFICE, KERALA WATER AUTHORITY, JALABHAVAN,
TRIVANDRUM - 695033.
2 ROJI V.S.
AGED 46 YEARS
S/O.VARIJAKSHAN R.ASWATHY, DNRA - 19, DEVI NAGAR,
KALADY, KARAMANA P.O., TRIVANDRUM - 695033 NOW
WORKING AS D MAN GR.II, SP UNIT, HEAD OFFICE,
KERALA WATER AUTHORITY, JALABHAVAN, TRIVANDRUM -
695 033.
3 KRISHNAKUMAR N.R.
AGED 41 YEARS
S/O.RAMACHANDRAN NAIR, INDRAPURI, PP.20/731, SIVAJI
JUNCTION, EDACEDE, NEMOM P.O., TRIVANDRUM - 695
019. NOW WORKING AS D MAN GR.II, PLANNING SECTION,
HEAD OFFICE KERALA WATER AUTHORITY, JALABHAVAN,
TRIVANDRUM - 695 033.
4 SUGATHAKUMAR V.
AGED 53 YEARS
S/O.M.VASUDEVAN, SHAMSUDEEN MANZIL, T.C.8/712,
THIRUMALA P.O., TRIVANDRUM - 695 006. NOW WORKING
AS GR.III, PLANNING SECTION, HEAD OFFICE, KERALA
WATER AUTHORITY JALABHAVAN, TRIVANDRUM - 695 033.
5 RAMESH KUMAR R.
AGED 34 YEARS
S/O.REGHU S., S.R.SADANAM, KOKKOTTELA, ARYANAD,
TRIVANDRUM - 695 542. OVERSEER GR.III, TRAINING
2
WPC 15565 OF 2020
CENTER, HEAD OFFICE, KERALA WATER AUTHORITY
JALABHAVAN, TRIVANDRUM - 695 033.
6 RAMESH N.
AGED 50 YEARS
S/O.A.NATARAJAN, SREEVALSAM, KRA-17 A, SREEKARYAM
P.O., TRIVANDRUM- 695 017. NOW WORKING D MAN GR.I,
MONITORING SECTION, HEAD OFFICE, KERALA WATER
AUTHORITY, JALABHAVAN, TRIVANDRUM - 695033.
7 SMITHA M.S.
AGED 41 YEARS
W/O.SURESH KUMAR, NAVANEETHAM, T.C.35/1425,
VAZHATTUKONAM, VATTIYOORKAVU P.O., TRIVANDRUM - 695
013 D MAN GR.I, SECRETARYS UNIT, HEAD OFFICE KERALA
WATER AUTHORITY, JALABHAVAN, TRIVANDRUM - 695033.
8 SINDHU M.NAIR
AGED 44 YEARS
W/O.HARIKUMAR S., SURYA, EDAGRAMOM, KARUMOM P.O.,
TRIVANDRUM - 695002 OVERSEER GR.III, OPERATIONS
UNIT, HEAD OFFICE, KERALA WATER AUTHORITY
JALABHAVAN, TRIVANDRUM - 695033.
9 SHEEJA T.S.
AGED 42 YEARS
W/O.PRASAD D., ASHWIN BHAVAN, CHOWARA P.O.,
BALARAMAPURAM, TRIVANDRUM - 683 571 D MAN GR.II,
OPERATIONS UNIT, HEAD OFFICE KERALA WATER AUTHORITY
JALABHAVAN, TRIVANDRUM - 695 033.
10 SHIBI A.
AGED 37 YEARS
W/O.ABDUL RASSI A., RASBI MANZIL, T.C.4/924(2),
THANNIVILA, PANGAPARA P.O., SREEKARYAN, TRIVANDRUM
- 695 581. D MAN GR.II, MONITORING SECTION, HEAD
OFFICE, KERALA WATER AUTHORITY, JALABHAVAN,
TRIVANDRUM -695033.
11 ASHA S.
AGED 53 YEARS
W/O.THULASIDHARAN A.K., ATHULYA, T.C.31/1146,
POOVATHOUR LANE, PETTAH P.O., TRIVANDRUM - 695 024
D MAN GR.I, MONITORING SECTION, HEAD OFFICE, KERALA
WATER AUTHORITY, JALABHAVAN, TRIVANDRUM - 695 033.
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WPC 15565 OF 2020
12 SHYNI S.
AGED 37 YEARS
W/O.BIJU D., CHERUMALAKUNNU VEEDU, KALLAYAM P.O.,
TRIVANDRUM - 695 028 D MAN GR.II, WORKS SECTION,
HEAD OFFICE, KERALA WATER AUTHORITY JALABHAVAN,
TRIVANDRUM - 695 033.
13 BINDU R.V.
AGED 49 YEARS
W/O.S.SATHEESH KUMAR, GOKULAM, ELANGAM LANE,
UDIYANKULANGARA, AMARAVILA, TRIVANDRUM - 695 122 D
MAN GR.I, WORKS SECTION, HEAD OFFICE, KERALA WATER
AUTHORITY JALABHAVAN, TRIVANDRUM - 695033.
14 MUBEENA BEEVI N.
AGED 33 YEARS
W/O.ABDUL SUNEER, MULAVILAKATU VEEDU, MANJAMALA
P.O., TRIVANDRUM - 695 313 D MAN GR.II, WORKS
SECTION, HEAD OFFICE, KERALA WATER AUTHORITY
JALABHAVAN, TRIVANDRUM - 695033.
15 SINDHU L.
AGED 48 YEARS
W/O.RAJENDRAN, SOUPARNIKA, THERIVILA, KOTTAKAL,
NELLIMOODU P.O., TRIVANDRUM - 695 524 D MAN GR.II,
WORKS SECTION, HEAD OFFICE, KERALA WATER AUTHORITY
JALABHAVAN, TRIVANDRUM - 695033.
16 PRAVEEN KARIYIL
AGED 54 YEARS
S/O.A.PARAMESWARAN PILLAI, KARIYIL VEEDU, FORT
WARD, NEYYATTINKARA, TRIVANDRUM - 695 524 D MAN
GR.I, TMS UNIT, HEAD OFFICE, KERALA WATER AUTHORITY
JALABHAVAN, TRIVANDRUM - 695033.
17 GIRIJA KUMARI G.
AGED 55 YEARS
D/O.K.PARAMESWARAN NAIR, AJAYAGIRI, ANUPAMA NAGAR,
ANRA-47, MUTTADA P.O., TRIVANDRUM - 695 025 NOW
WORKING AS ASSISTANT ENGINEER, WORKS SECTI8ON, HEAD
OFFICE, KERALA WATER AUTHORITY JALABHAVAN,
TRIVANDRUM - 695033.
18 JALAJAKUMARY S.
AGED 54 YEARS
D/O.APPUKUTTAN, SOUPARNIKA, CHAPPATH, CHOWARA P.O.,
TRIVANDRUM - 695 121 NOW WORKING AS ASSISTANT
4
WPC 15565 OF 2020
ENGINEER, WORKS SECTION, HEAD OFFICE, KERALA WATER
AUTHORITY JALABHAVAN, TRIVANDRUM - 695033.
19 JANARDHANAN NAIR S.
AGED 55 YEARS
S/O.SUKUMARAN NAIR, THIRUVONAM, ORUTTUKALA,
NEYYATTINKARA P.O., TRIVANDRUM - 683 571 NOW
WORKING AS ASSISTANT ENGINEER, PIU, ADB, TRIVANDRUM
- 695 033.
20 VALSALA T.
AGED 51 YEARS
D/O.THOMAS NADAR, SHARON NIVAS, BHASKARANAGAR,
MULLUVILA P.O., TRIVANDRUM - 695 133 NOW WORKING AS
ASSISTANT ENGINEER, WORKS SECTION, HEAD OFFICE,
KERALA WATER AUTHORITY JALABHAVAN, TRIVANDRUM -
695033.
21 SHIBUKUMAR J.S.
AGED 55 YEARS
S/O.WILSON P.J., SHARON, VELLANAD, TRIVANDRUM - 695
543. NOW WORKING AS ASSISTANT EXECUTIVE ENGINEER,
WORKS SECTION HEAD OFFICE KERALA WATER AUTHORITY,
JALABHAVAN, TRIVANDRUM - 695 033.
22 PRASAD K.R.
AGED 52 YEARS
S/O.C.KESAVAN, T.C.4/1804, ASWATHY, KOWDIAR P.O.,
TRIVANDRUM - 695003 NOW WORKING AS ASSISTANT
EXECUTIVE ENGINEER, MONITORING SECTION, HEAD OFFICE
KERALA WATER AUTHORITY, JALABHAVAN, TRIVANDRUM -
695 033.
23 PUSHPA N.
AGED 54 YEARS
D/O.NARAYANAWN, BATHAL HOUSE, MALAYAM P.O.,
MALAYAM, TRIVANDRUM - 695 571 NOW WORKING AS
ASSISTANT ENGINEER, MONITORING SECTION, HEAD
OFFICE, KERALA WATER AUTHORITY JALABHAVAN,
TRIVANDRUM - 695033.
BY ADVS.
SRI.M.R.SARIN
SMT.S.GREESHMA SHANMUKHAN
SRI.M.R.SARIN
5
WPC 15565 OF 2020
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY WATER RESOURCE
DEPARTMENT, GOVERNMENT SECRETARIAT STATUE,
TRIVANDRUM - 695 001. KERALA WATER AUTHORITY,
REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE,
KERALA WATER AUTHORITY, JALABHAVAN, TRIVANDRUM -
695033.
2 KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN,
VELLAYAMBALAM, TRIVANDRUM - 695 033.
3 MANAGING DIRECTOR
KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM,
TRIVANDRUM - 695033.
R2-3 BY ADV. SMT.MARY BENJEMIN, STANDING COUNSEL
OTHER PRESENT:
SMT.NISHA BOSE , SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WPC 15565 OF 2020
C.S.DIAS, J.
======================
WP(C) No.15565 of 2020
======================
Dated this the 5th day of August, 2020.
JUDGMENT
The petitioners are aggrieved by Ext P1 general order of transfer issued by the third respondent, whereby the petitioners stand transferred from the Head Office of the second respondent - the Kerala Water Authority ( in short "Authority") to different Districts in the State.
2. According to the petitioners, they are working at the Head office of the Authority, holding different posts. The petitioners are residing in Thiruvananthapuram along with their families. Transferring the petitioners from Thiruvananthapuram to other Districts, would cause severe hardship and damage to the petitioners, especially when the Country is midst of the outbreak of COVID-19 pandemic. Now the disease is spreading like wild fire, and there are several restrictions in place, with the Authorities directing the public to stay in their houses. Public transport has been 7 WPC 15565 OF 2020 impaired and private transport is restricted for essential purpose. During this period, the transfer and posting of the petitioners to various parts of the State, would cause severe difficulties to the petitioners, including the chances of them getting infected with the virus. The petitioners are ready to abide by Ext P1 transfer order, after the pandemic subsides or gets controlled. In the above compelling circumstances, the petitioners have submitted Exts P2 to P24 representations before the third respondent. The petitioners seek for a direction to the third respondent to consider and dispose of Exts P2 to P24 representations within a time frame and until such time Ext P1 order may be kept in abeyance.
3. Heard Sri.Sasith Panicker, the learned counsel appearing for the petitioners, Sri.Bijoy Chandran, the learned Senior Government Pleader appearing for the first respondent and Smt.Mary Benjamin, the learned Standing Counsel appearing for the respondents 2 and 3.
4. This Court, by its order dated 30.7.2020 had directed the learned Standing Counsel for the respondents 2 8 WPC 15565 OF 2020 and 3 to get instructions from the third respondent regarding the allegations in the writ petition.
5. Today, when the case was came up for consideration, the learned Standing Counsel, on instructions, submitted that Ext P1 is a general order of transfer issued by the third respondent to meet the administrative exigencies of the Authority. Jal Jeevan Mission (JJM) launched by the Government of India, aims at providing functional household tap connections (FHTC) to very rural household by 2024, in collaboration with the State Governments on a 50:50 cost sharing basis. For the implementation of the said project, the respondents 2 and 3 have taken a policy decision to restructure the staff of the Authority. It is in the said eventuality that 74 employees of the Authority, holding various posts, have been transferred to different Offices of the Authority in the State. Ext P1 has to be implemented at the earliest, and a compliance report has to be submitted before the Government of India before 31 st March, 2021, otherwise the Scheme would lapse, causing severe prejudice to the people of the State, who do not have a water 9 WPC 15565 OF 2020 connection. Hence, no further time can be granted to the petitioners. The third respondent before whom Exts P2 to P24 representations were submitted, has rejected the representations in public interest in view of time constraints to implement Ext P1. The petitioners have to forthwith join the respective stations, considering the fact that Ext P1 was issued on 23.7.2020, which is now two weeks. The Authority will make the necessary arrangements for the petitioners to join their respective stations, as per the Rules and Regulations of the Authority that are in vogue. There is no merit in the writ petition and the same is liable to be dismissed.
5. The Hon'ble Supreme Court in Union of India and another vs Deepak Niranjan Nath Pandit [(2020) 3 SCC 404] has held thus:
"3. The High Court, in interfering with the order of transfer, has relied on two circumstances. Firstly, the High Court has noted that as a result of the stay on the order of transfer, the headquarters of the respondent will remain at Mumbai and even if he is to be suspended, his headquarters will continue to remain at Mumbai. The second reason, which has weighed with 10 WPC 15565 OF 2020 the High Court, is that the spouse of the respondent suffers from a cardiac ailment and is obtaining medical treatment in Mumbai. In our view, neither of these reasons can furnish a valid justification for the High Court to take recourse to its extraordinary jurisdiction under Article 226 of the Constitution in passing an order of injunction of this nature. Significantly, the High Court has not even found a prima facie case to the effect that the order of transfer was either mala fide or in breach of law. The High Court could not have dictated to the employer as to where the respondent should be posted during the period of suspension. Individual hardships are matters for the Union of India, as an employer, to take a dispassionate view.
(emphasis given)
6. The law is quite categoric, that the scope of judicial review is limited in the matters relating to transfer. All that the petitioners' content is that they are not in a position to join the present stations due to the COVID-19 pandemic. They do not allege of arbitrariness or malice in Ext P1 order, or do they have a case of infraction of any statutory rule or regulation.
7. The Hon'ble Supreme Court in Union of India vs P.Venkatesh (2019) 15 SCC 613) observed as follows: 11
WPC 15565 OF 2020
8. This "dispose of the representation" mantra is increasingly permeating the judicial process in the High Courts and the Tribunals. Such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do no service to the cause of justice. The litigant is back again before the court, as this case shows, having incurred attendant costs and suffered delays of the legal process. This would have been obviated by calling for a counter in the first instance, thereby resulting in finality to the dispute. By the time, the High Court issued its direction on 9.8.2016, nearly twenty-one years had elapsed since the date of the death of the employee.
(emphasis given)
8. It may be a fact that we are in the midst of COVID- 19 pandemic, but that cannot bring the Government/Quasi- Government/Authorities to a grinding halt. The wheels have to keep turning in accordance with the protocols issued by the Government. The public interest projected by the Authority in Ext P1 is justifiable and is the need of the public at large. Going by the ratio decidendi in Deepak Niranjan Nath Pandit and P.Venkatesh's case, and considering that there is no malice in Ext P1, I do not find any justifiable reason to direct the third respondent to 12 WPC 15565 OF 2020 consider Exts P2 to P24 representations, especially when the representations have been rejected and the petitioners have already got two weeks time after the passing of Ext P1. Resultantly, I dismiss the writ petition.
Sd/-
C.S.DIAS
SKS/5.8.2020 JUDGE
13
WPC 15565 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORDER NO.KWA/JB/MD/101/2020
DATED 23/07/2020 ISSUED BY 3RD RESPONDENT. EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED 24/07/2020 THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P3 THE TRUE COPY OF REPRESENTATION DATED 24/07/2020 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED 24/07/2020 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P5 TRUE COPY OF REPRESENTATION DATED 24/07/2020 SUBMITTED BY THE 4TH PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P6 THE TRUE COPY OF REPRESENTATION DATED 27/07/2020 SUBMITTED BY THE 5TH PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P7 THE TRUE COPY OF REPRESENTATION DATED 24/07/2020 SUBMITTED BY THE 6TH PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P8 TRUE COPY OF REPRESENTATION DATED 24/07/2020 SUBMITTED BY THE 7TH PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P9 THE TRUE COPY OF REPRESENTATION DATED 27/07/2020 SUBMITTED BY THE 8TH PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P10 THE TRUE COPY OF REPRESENTATION DATED 24/07/2020 SUBMITTED BY THE 9TH PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P11 TRUE COPY OF REPRESENTATION DATED 24/07/2020 SUBMITTED BY THE 10TH PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P12 THE TRUE COPY OF REPRESENTATION DATED 24/07/2020 SUBMITTED BY THE 11TH PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P13 TRUE COPY OF REPRESENTATION DATED 24/07/2020 14 WPC 15565 OF 2020 SUBMITTED BY THE 12TH PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P14 THE TRUE COPY OF REPRESENTATION DATED 24/07/2020 SUBMITTED BY THE 13TH PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P15 THE TRUE COPY OF REPRESENTATION DATED 24/07/2020 SUBMITTED BY THE 14TH PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P16 THE TRUE COPY OF REPRESENTATION DATED 24/07/2020 SUBMITTED BY THE 15TH PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P17 THE TRUE COPY OF REPRESENTATION DATED 24/07/2020 SUBMITTED BY THE 16TH PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P18 THE TRUE COPY OF REPRESENTATION DATED 27/07/2020 SUBMITTED BY THE 17TH PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P19 THE TRUE COPY OF REPRESENTATION DATED 24/07/2020 SUBMITTED BY THE 18TH PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P20 THE TRUE COPY OF REPRESENTATION DATED 24/07/2020 SUBMITTED BY THE 19TH PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P21 THE TRUE COPY OF REPRESENTATION DATED 24/07/2020 SUBMITTED BY THE 20TH PETITIONER. EXHIBIT P22 THE TRUE COPY OF REPRESENTATION DATED 24/07/2020 SUBMITTED BY THE 21ST PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P23 THE TRUE COPY OF REPRESENTATION DATED 24/07/2020 SUBMITTED BY THE 22ND PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P24 TRUE COPY OF EXPLANATION SUBMITTED BY THE 23RD PETITIONER BEFORE THE 3RD RESPONDENT.