Kerala High Court
Rameshan.B vs Kerala State Co-Operative Federation ...
Author: Harun-Ul-Rashid
Bench: Harun-Ul-Rashid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
MONDAY, THE 10TH DAY OF SEPTEMBER 2012/19TH BHADRA 1934
WP(C).No. 19625 of 2012 (C)
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PETITIONER(S)/PETITIONER:
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RAMESHAN.B.,
ASSISTANT MANAGER, MATSYAFED NET FACTORY,
AZHEEKAL P.O.,AZHIKODE, KANNUR-670 009
BY ADV. SRI.KALEESWARAM RAJ
RESPONDENT(S):
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1. KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES
DEVELOPMENT LIMITED (MATSYAFED) (GOVERNMENT OF KERALA
UNDERTAKING)REPRESENTED BY KERALA MANAGING DIRECTOR,
(MATSYAFED),KAMALESWARAM, MANACAUD P.O.,
THIRUVANANTHAPURAM-695 009
2. THE MANAGING DIRECTOR,
KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES
DEVELOPMENT LTD (MATSYAFED)
KAMALESWARAM, MANACAUD P.O.,
THIRUVANANTHAPURAM-695 009
3. THE MANAGER,
MATSYAFED NET FACTORY,AZHEEKAL, KANNUR-670 009
R1 TO R3 BY ADV. SRI.GEORGE POONTHOTTAM, SC,MATSYAFED
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10-09-2012, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C)NO.19625/2012
APPENDIX
PETITIONER(S) EXHIBITS
EXT.P1:- TRUE COPY OF THE ORDER OF TRASFER DTD 8/3/2011
EXT.P2:- TRUE COPY OF THE ORDER DTD 16/3/2011 ISSUED BY THE 3RD
RESPONDENT.
EXT.P3:- TRUE COPY OF THE ORDER DTD 10/8/2012
EXT.P4:- TRUE COPY OF THE REPRESENTATION DTD 13/8/2012 SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXT.P5:- TRUE COPY OF THE UNDATED REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE CHAIRMAN OF MATSYAFED.
EXT.P6:- TRUE COPY OF THE RELEVANT PAE OF ATTENDANCE REGISTER FOR
THE MONTH OF JUNE,2011
EXT.P7:- TRUE COPY OF THE TRASFER ORDER OF SRI.ULLASAN DATED 4/11/2011
EXT.P8:- TRUE COPY OF THE ORDER DATED 17/11/2011 ISSUED BY THE
RESPONDENTS
EXT.P9:- TRUE COPY OF THE RELEVANT PAGE OF ATTENDANCE REGISTER FOR
THE MONTH OF FEBRUARY,2012
EXT.P10:- TRUE COPY OF THE ORDER DATED 23/6/2012 ISSUED BY THE
RESPONDENT
EXT.P11:- TRUE COPY OF THE RELEVANT PART OF THE OPINION EXPRESSED BY
THE MANAGER, KANNUR NET FACTORY
EXT.P12:- TRUE COPY OF THE LETTER DATED 16/8/2012 TO THE FIRST
RESPONDENT BY THE THIRD RESPONDENT
EXT.P13:- TRUE COPY OF THE JOINING REPORT OF SHRI.VALSARAJ DATED
1/9/2012
RESPONDENTS' EXHIBITS :
EXT.R1(A) COPY OF THE PROCEEDINS OF THE MEETIN WHICH WERE HELD ON 24TH
AND 25TH JULY 2012.
/TRUE COPY/
sts P.S.TO.JUDGE
HARUN-UL-RASHID,J.
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W.P.(C).NO. 19625 OF 2012
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DATED THIS THE 10TH DAY OF SEPTEMBER, 2012
JUDGMENT
The writ petition is filed seeking to quash Ext.P3 order to the extent to which it transfers the petitioner from Kannur and posts him at Kasaragod and for other incidental reliefs.
2. Petitioner is at present working as Assistant Manager in Matsyafed Net Factory, Azheekkal in Kannur District. By Ext.P3 order he was transferred from Kannur to Kasaragod. Petitioner submits that other incumbent namely Sri Valsaraj is proposed to be transferred from Kozhikode to Kannur. According to the petitioner, even if the said Valsaraj is transferred and posted, there will be another vacancy of Assistant Manager in the Matsyafed Net Factory, Kannur and there is no necessity to transfer the petitioner. The petitioner also stated that he is suffering from cervical disc prolepsis, that he is a person who has settled his family in Kannur and therefore the transfer amidst the academic year would affect the petitioner and his family with undue hardships.
-2- W.P.(C).No.19625/2012
3. The 2nd respondent is the Managing Director of the lst respondent-Matsyafed. He filed a counter affidavit opposing the reliefs sought for in the writ petition. Petitioner submitted Ext.P4 representation before the 2nd respondent. It is said that the said representation is pending consideration.
In the circumstances, the writ petition is disposed of directing the 2nd respondent to consider and pass appropriate orders on Ext.P4 representation within a period of two weeks from today, after affording an opportunity of being heard to the petitioner. Petitioner shall appear in person before the 2nd respondent on 15/9/2012 at 10-30 a.m. for hearing. The interim order passed by this Court shall continue till the disposal of the representation.
Sd/-
HARUN-UL-RASHID, JUDGE.
kcv.