Kerala High Court
Crushcheve Antony vs Sanjeev Kaushik Ias on 5 February, 2019
Author: Hrishikesh Roy
Bench: Hrishikesh Roy, A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY
&
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 05TH DAY OF FEBRUARY 2019 / 16TH MAGHA, 1940
Con.Case(C).No. 37 of 2019 IN WA. 1615/2018
AGAINST THE JUDGMENT IN WA 1615/2018 of HIGH COURT OF KERALA
DATED 9.8.2018
PETITIONER/APPELLANT:
CRUSHCHEVE ANTONY,
AGED 50 YEARS, S/O.ANTONY,
NOW WORKING AS ASSISTANT GENERAL MANAGER,
KERALA FINANCIAL CORPORATION, BRANCH OFFICE,
CHANDROTH BUILDING, NETHAJI ROAD,
KANNUR DISTRICT, RESIDING AT PULIYANNAVIL HOUSE,
INCHAVILA P.O., PERINAD, KOLLAM - 691 601.
BY ADVS.SRI.K.M.SATHYANATHA MENON
SMT.KAVERY S. THAMPI
RESPONDENT/3RD RESPONDENT:
SANJEEV KAUSHIK IAS,
AGED NOT KNOWN TO THE PETITIONER,
FATHER'S NAME NOT KNOWN TO THE PETITIONER,
THE CHARIMAN AND MANAGING DIRECTOR,
KERALA FINANCIAL CORPORATION (KFC),
VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 033.
BY ADV. SRI.VENUGOPAL M.R., SC, KFC
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).No. 37 of 2019
2
JUDGMENT
Hrishikesh Roy, C.J.
This Contempt case is based on the judgment dated 9.8.2018 in the W.A.No.1615 of 2018, arising out of the W.P.(C)No.23848 of 2018.
2. The petitioner, who is serving as an Assistant General Manager of the Kerala Financial Corporation, had approached the court raising grievance against a transfer order. The courts through the judgment in the Writ Petition and in the Writ Appeal, declined to interfere with the transfer order but granted liberty to the petitioner to file representation for a convenient posting order. This Contempt case is filed with the allegation that the representation has not been considered.
3. It can however be seen from the counter affidavit filed by the respondent as also the order dated 5.12.2018 [Annexure R1(b)] that the representation filed by the transferee on 24.10.2018, was considered by the Chairman and the Managing Director of the Kerala Financial Corporation. In his representation, the petitioner sought transfer to Kollam District, which is his home District or to the Zonal Office in the South Zone.
4. The representation was examined in reference to the transfer guidelines and it was found that the petitioner was transferred to the Kannur Branch as Technical Officer, after his two years stint at the Palakkad Branch Office. Since the posts at the Kollam Branch and the South Zone are already occupied by other Technical Officers and there is no vacancy, the plea of the petitioner for his convenient posting was found to be not entertainable and the same was accordingly rejected under the Ext.R1(b) order (5.12.2018).
Con.Case(C).No. 37 of 20193
5. The above order may enable the petitioner, if aggrieved, to challenge the same but as far as this Contempt proceeding is concerned, it can be seen that there is due compliance with the court's direction for disposal of the petitioner's representation. Accordingly, we order for closure of the proceeding, without prejudice to the petitioner's right to challenge the decision of the employer, if so advised. It is ordered accordingly.
Sd/-
Hrishikesh Roy, Chief Justice Sd/-
A.K.Jayasankaran Nambiar, Judge vpv Con.Case(C).No. 37 of 2019 4 APPENDIX PETITIONER'S ANNEXURES:
ANNEXURE-A: CERTIFIED COPY OF THE JUDGMENT IN WA NO.1615 OF 2018 DATED 9.8.2018 OF THIS HON'BLE COURT.
ANNEXURE-B: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 24.10.2018 BEFORE THE RESPONDENT.
ANNEXURE-C: TRUE COPY OF THE MEMO DATED 23.10.2018 ISSUED BY THE KERALA FINANCIAL CORPORATION, HEAD OFFICE, THIRUVANANTHAPURAM TO THE PETITIONER, ALONG WITH ENGLISH TRANSLATION.
ANNEXURE-D: TRUE COPY OF THE MEMO DATED 29.8.2018 ISSUED BY THE KERALA FINANCIAL CORPORATION, HEAD OFFICE, THIRUVANANTHAPURAM TO THE PETITIONER, ALONG WITH ENGLISH TRANSLATION.
ANNEXURE-E: TRUE COPY OF OFFICE ORDER NO:HRD/1623 DATED 12.12.2018 ISSUED BY THE RESPONDENT, CHAIRMAN AND MANAGING DIRECTOR, KFC.
ANNEXURE-F: TRUE COPY OF THE DELIVERY RUN SHEET OF PROFESSIONAL COURIER, KANNUR DATED 7.1.2019. ANNEXURE-G: TRUE COPY OF THE ATTENDANCE REPORT OF THE PETITIONER AT KERALA FINANCIAL CORPORATION, KANNUR UPDATED ON 10.1.2019.
ANNEXURE-H: TRUE COPY OF THE ATTENDANCE REPORT OF JANUARY 2019 OF THE PETITIONER AT KERALA FINANCIAL CORPORATION, KANNUR UPDATED ON 17.1.2019. ANNEXURE-I: TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE TEH CHAIRMAN AND MANAGING DIRECTOR, KFC DATED 29.10.2018.
Con.Case(C).No. 37 of 20195 RESPONDENT'S ANNEXURES:
ANNEXURE R1(a): TRUE COPY OF SUBMISSION DTD.18.9.2018 GIVEN BY THE PETITIONER TO THE CHAIRMAN & MANAGING DIRECTOR.
ANNEXURE R1(b):TRUE COPY OF PROCEEDINGS OF CHAIRMAN & MANAGING DIRECTOR NO.HRD/1623 DATED 5.12.2018.
ANNEXURE R1(c):TRUE COPY FO THE ATTENDANCE REPORT OF THE PETITIONER.
ANNEXURE R1(d):TRUE COPY OF THE ORDER DATED 7.1.2019 ISSUED BY THE CHIEF MANAGER, KANNUR BRANCH.
ANNEXURE R1(e):TRUE COPY OF CIRCULAR NO.LEGAL/3067 DATED 31.8.2007.
ANNEXURE R1(f):TRUE COPY OF THE EXTRACT OF THE BOARD MINUTES DATED 13.8.2018.
ANNEXURE R1(g):TRUE COPY OF CIRCULAR NO.KFC/CIR19/HR08/2018-19 DATED 23.8.2018.
ANNEXURE R1(h):TRUE COPY OF KFC STAFF REGULATIONS, 1966 (RELEVANT PORTION).
/TRUE COPY/ P.A. TO JUDGE