Kerala High Court
Santhosh.A.K vs The Kerala State Co-Operative ... on 3 February, 2023
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
WP(C) NO. 2933 OF 2023
PETITIONER:
SANTHOSH.A.K.
AGED 56 YEARS,
S/O KRISHNANKUTTY, ANJALASSERY HOUSE, NJARAKKAL, ERNAKULAM -
682505,WORKING AS FARM WORKER, MATSYAFED NET FACTORY, MARINE
DRIVE, ERNAKULAM, PIN - 682018.
BY ADVS.
A.V.JOJO
A.X.VARGHESE
AMALA SURESH
RESPONDENTS:
1 THE KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES
DEVELOPMENT LTD.
REPRESENTED BY ITS MANAGING DIRECTOR, MATSYAFED,
KAMALESWARAM, THIRUVANANTHAPURAM, PIN - 695009
2 THE GENERAL MANAGER, KERALA STATE CO-OPERATIVE FEDERATION FOR
FISHERIES DEVELOPMENT LTD., (MATSYAFED)
KAMALESWARAM, THIRUVANANTHAPURAM, PIN - 695009
3 THE MANAGER
MATSYAFED NET FACTORY, MARINE DRIVE, ERNAKULAM, PIN - 682018
OTHER PRESENT:
SHRI. T.P.PRADEEP ,SC, MATSYAFED.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W.P.(C) No.2933 of 2023
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Dated this the 3rd day of February, 2023
J U D G M E N T
Ext.P1 order of transfer, as affirmed by Ext.P4 order, is under challenge in this writ petition.
2. The petitioner is employed under the first respondent. As per Ext.P1 office order dated 13.12.2022, petitioner was transferred from the third respondent office, where he is presently working, to Matsyafed Fishmeal Plant, Azheekode. Challenging Ext.P1 order of transfer, the petitioner filed Ext.P2 appeal. As per the judgment in W.P.(C) No.41587/2022, this Court directed consideration of the appeal after affording an opportunity of hearing to the petitioner. Thereafter, as per Ext.P4 order, the order of transfer (Ext.P1) was affirmed. The same is under challenge.
3. Heard learned counsel on either side.
4. One of the grounds on which transfer is sought is the medical condition of the petitioner. According to W.P.(C) No.2933 of 2023 -: 2 :- him, he had undergone a surgery recently for removal of growth in the kidney and hence is not in a position to travel long distance. In Ext.P4 order, the authority found that, going by the medical records the surgery was in the year 2014 and that the latest medical record produced is, a prescription from the hospital issued on 30.09.2019. No document later in point of time with regard to the medical condition was produced to prove the said contention of the petitioner.
5. Though the petitioner contended that he has only two years for retirement and that as per the Rules, he is entitled for a posting at the station of his choice, no such rules/circular was placed before the authority. Though before this Court, the learned counsel for the petitioner would refer to the provision in the Kerala Service Rules, it has not been adopted by the first respondent.
W.P.(C) No.2933 of 2023-: 3 :-
6. In Ext.P4 order it is noticed that, the petitioner completed a tenure of four years and ten months at the place where he is presently working. The order also noticed that, from the place of residence of the petitioner, the difference in distance to the present place of transfer is only seven kilometres via jangar, than the place where he was working.
7. In Ext.P4 order it is noticed that the transfer is on administrative exigencies, the urgent requirement of two workers at the Matsyafed Fishmeal Plant, Azheekode.
No circumstances are made out seeking interference with Exts.P1 and P4. Writ petition fails and is accordingly dismissed.
Sd/-
SATHISH NINAN JUDGE kns/-
//True Copy// P.S. to Judge APPENDIX OF WP(C) 2933/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE OFFICE ORDER DATED 13/12/2022 ISSUED BY THE 1ST RESPONDENT Exhibit P2 THE TRUE COPY OF THE REPRESENTATION DATED 15/12/2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P3 THE TRUE COPY OF THE JUDGMENT DATED 21/12/2022 IN W.P(C) 41587/2022 Exhibit P4 THE TRUE COPY OF THE ORDER NO.MFED/E3/42617/2022 DATED 17/1/2023 ISSUED BY THE 1ST RESPONDENT
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