Kerala High Court
Vipin V. Nair vs Kerala Water Authority on 8 July, 2020
Author: C.S.Dias
Bench: C.S.Dias
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WPC 11255 OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 08TH DAY OF JULY 2020 / 17TH ASHADHA, 1942
WP(C).No.11255 OF 2020(F)
PETITIONER/S:
VIPIN V. NAIR
AGED 37 YEARS
U.D.CLERK,PH DIVISION, KOLLAM, RESIDING AT AKSHAYA,
U-100, MARUTHANKUZHY, KANJIRAMPARA P.O.,
THIRUVANANTHAPURAM
BY ADVS.
SRI.JOHN K.GEORGE
SRI.P.P.BIJU
RESPONDENT/S:
1 KERALA WATER AUTHORITY
JALABHAVAN, VELLYAMBALAM, THIRUVANANTHAPURAM-695
033, REPRESENTED BY THE MANAGING DIRECTOR
2 THE JOINT MANAGING DIRECTOR,
KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM,
THIRUVANANTHAPURAM-695 001
3 THE CHIEF ENGINEER (HRD AND GL)
KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM,
THIRUVANANTHAPURAM-695 001
4 THE DEPUTY CHIEF ENGINEER (GL)
KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM,
THIRUVANANTHAPURAM-695 001
5 THE EXECUTIVE ENGINEER
KERALA WATER AUTHORITY, PH DIVISION, KOLLAM-691 001
R1-5 BY ADV. SMT.MARY BENJEMIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WPC 11255 OF 2020
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WPC 11255 OF 2020
C.S.DIAS, J.
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WP(C) No.11255 of 2020
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Dated this the 8th day of July, 2020.
JUDGMENT
The petitioner is working as U.D Clerk PH Division, Kollam. Earlier, he was working at Project Division, Thiruvananthapuram. He was transferred to the present Division on 6.12.2019 by the third respondent. The petitioner is presently working as UD Clerk in PH Section, Kottiyam on working arrangement basis since there is no need of an employee in PH Division, Kollam.
2. According to the petitioner, the present station is about 80 kms from the petitioner's residence. The third respondent transferred the petitioner to PH Division, Kollam without any sufficient reason. Thereafter, the fifth respondent re-posted the petitioner to PH Division by Ext P1 order. Subsequently, the Assistant Executive Engineer, by Ext P2 order again re-posted the petitioner to PH Section, 4 WPC 11255 OF 2020 Kottiyam. The petitioner laments that there is no intelligible differentia in the petitioner's transfer to Kollam or his continuance in Kollam District. There are no other employees, other than the petitioner, belonging to Thiruvananthapuram District working in Kollam. In the above circumstances, the petitioner has preferred Exts P6 and P8 representations, before the third respondent, seeking compassionate consideration to transfer him back to Thiruvananthapuram District. However, there is inaction on the part of the third respondent in considering the above representations. Hence, the petitioner seeks for a direction to the third respondent to consider Exts P6 and P8 representations.
3. The learned Standing Counsel appearing for the respondents has filed a statement for and on behalf of the third respondent. It is the case of the third respondent that the petitioner was transferred as per Ext P4 to Kollam from Thiruvananthapuram. This transfer was effected, in order to improve the revenue collection. In order to utilize the service of the incumbent, to improve the revenue works 5 WPC 11255 OF 2020 under the Divisional office, he was posted on working arrangement. The petitioner is re-posted through working arrangement to PH Sub Division, Kollam on his joining duty. The third respondent does not dispute the fact that Exts P6 and P8 representations are pending consideration. But, the representations were kept in abeyance, due to the pendency of Review Petition No.277/2020 in W.P(C) 34141/2019 filed by the respondents and an application filed by the petitioner under Sec.340 of the Cr.P.C, before this Court.
4. Heard Sri.John K.George, the learned counsel for the petitioner and Smt.Mary Benjamin, the learned Standing Counsel appearing for the respondents.
5. The learned counsel for the petitioner reiterated the contentions pleaded in the writ petition. He prayed that the third respondent may be directed to consider and pass appropriate orders on Exts P6 and P8 representations, within a time frame.
6. The learned Standing Counsel appearing for the respondents submitted that Review Petition No.277/2020 was disposed of and the application filed by the petitioner 6 WPC 11255 OF 2020 under Sec.340 of the Cr.P.C was dismissed. In the said circumstances, the third respondent would consider Exts P6 and P8 representations within a time frame.
7. Considering the averments pleaded in the writ petition and after hearing the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents and also taking into consideration the fact that Exts P6 and P8 representations are pending consideration before the third respondent, without expressing anything on the merits of the claim, I deem it appropriate to direct the third respondent to consider and dispose of Exts P6 and P8 representations, in accordance with law, within a period of one month from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
C.S.DIAS
SKS/8.7.2020 JUDGE
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER NO.E1-
1131/14/PHDN/KLM DATED 24.12.2019 ISSUED BY THE 5TH RESPONDENT EXHIBIT P2 TRUE COPY OF THE ORDER NO.E1-54/2015 DATED 16.043.2020 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER PH DIVISION, KOLLAM EXHIBIT P3 TRUE COPY OF THE REPLY DATED 12.03.2020 ISSUED BY THE SECTION OFFICER, KERALA LEGISLATIVE ASSEMBLY EXHIBIT P4 TRUE COPY OF THE ORDER NO.KWA/JB/E.9/9000/99 DATED 06.12.2019 ISSUED BY THE 4TH RESPONDENT EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGE OF NOTE FILE EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 14.03.2020 SUBMITTED THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT DATED 18.03.2020 EXHIBIT P8 TRUE COPY OF REPRESENTATION DATED 13.4.2020 EXHIBIT P9 TRUE COPY DISCHARGE SUMMARY DATED 19.5.2020 ISSUED FROM THE ROYALE HOSPITAL ULLOOR, THIRUVANANTHAPURAM