IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM TUESDAY, THE25H DAY OF FEBRUARY20146TH PHALGUNA, 1935 WP(C).No. 4234 of 2014 (D) --------------------------- PETITIONER(S): -------------------------- S. JYOTHISH KUMAR, EX-SUBEDAR AND HONORARY CAPTAI JC-438848-X, AGED53YEARS, S/O.K.K.SURENDRAN, RESIDING AT 'NEELIMA', HOUSE NO.20, CHAITHANYA NAGAR, PALLIKKARA, KALAMMASSERY, ERNAKULAM-683 503 (OCCUPYING122, NAD QUARTERS, NEAR SANTHIGIRI GATE, NAD P.O.,ALUVA-683 565. BY ADV. SRI.R.PUSHPANGATHAN PILLAI RESPONDENT(S): ---------------------------- 1. UNION OF INDIA, REPRESENTED BY THE DEFENCE SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI-110 011.
2. THE CHIEF GENERAL MANAGER NAVAL ARMAMENT DEPOT, ALUVA, ERNAKULAM-683 101.
3. THE GENERAL MANAGER, NAVAL ARMAMENT DEPOT, ALUVA, ERNAKULAM-683 101.
4. SHRI.P.K.PANDA, LIEUTENANT COMMANDER, OFFICER COMMANDING, COMPANY DEFENCE SECUTIRY CORPS, NAVAL ARMAMENT DEPOT, ALUVA, ERNAKULAM-683 101.
5. THE OFFICER-IN-CHARGE RECORDS, DEFENCE SECURITY CORPS, MILL ROAD, KANNUR-670 013. BY ADV. SRI.T.SANJAY, CGC BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2502-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WP(C).No. 4234 of 2014 (D) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS: --------------------------------------- EXHIBIT P1. TRUE COPY OF THE RELEVANT PAGE OF NO OBJECTION CERTIFICATE OF THE PETITIONER. EXHIBIT P2. TRUE COPY OF THE EX-SERVICEMEN IDENTITY CARD NO.TN090233 ISSUED TO HIM BY THE COMPETENT AUTHORITY. EXHIBIT P3. TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE2D RESPONDENT ON9JULY2013. EXHIBIT P4. TRUE COPY OF THE JUDGEMENT DATED61/2014 IN WPC NO.465/2014. EXHIBIT P5. TRUE COPY OF THE ORDER
NO.AA/0002 DATED311/2014 ISSUED BY THE2D RESPONDENT. EXHIBIT P6. TRUE COPY OF THE CLEARANCE CERTIFICATE DATED62/2014 ISSUED BY THE4H RESPONDENT. EXHIBIT P7. TRUE COPY OF REPRESENTATION DATED131/2014 ADDRESSED TO THE5H RESPONDENT ALONG WITH ALL RELEVANT MEDICAL DOCUMENTS. RESPONDENT(S)' EXHIBITS: ------------------------------------------ EXHIBIT R1(A): TRUE COPY OF THE POSTING ORDER
DTD. 02/11/2013. EXHIBIT R1(B): TRUE COPY OF THE EXTRACT OF RECORD OFFICE INSTRUCTIONS.NO.02/2006. /TRUE COPY/ P.A.TO JUDGE Kss C.K. ABDUL REHIM, J.
------------------------------------------------- W.P.(c) No. 4234 OF2014D ------------------------------------------------- DATED THIS THE25h DAY OF FEBRUARY, 2014.
JUDGMENT
The petitioner had challenged Ext.P6 clearance certificate issued on the basis of the order passed by the competent authority, transferring him from the post of Security JCO, NAD, Aluva to the post of Security JCO, Ship Building Centre, Naval Base, Visakhapatnam. The order of transfer issued by the 5th respondent is produced along with the counter affidavit filed on behalf of respondents as Ext.R1 (a). Learned Central Government counsel appearing on behalf of the respondents submitted that, the petitioner had approached the 5th respondent in Ext.P7 representation requesting for cancellation of the transfer on compassionate grounds, expressing personal difficulties. It is submitted that the impugned transfer order has not yet taken effect and that the 5th respondent will consider Ext.P7 request and a decision will be taken thereon, before effecting the impugned order of transfer. W.P.(c) No. 4234/2014 -2- 2. Since Ext.P7 is pending decision, this court is of the opinion that the petitioner can be relegated to the 5th respondent to pursue the same.
3. Therefore the writ petition is disposed of directing the 5th respondent to consider Ext.P7 and to take an appropriate decision on the request made by the petitioner seeking cancellation of Ext.R1(a). A decision in this regard shall be taken after affording an opportunity of personal hearing to the petitioner, at the earliest possible.
4. Till such time the decision is taken as directed, the petitioner shall not be relieved pursuant to Ext.P6 on the basis of Ext.R1 (a) order of transfer. Sd/- C.K. ABDUL REHIM, JUDGE. AMG True copy P.A to Judge