M.V.Eldho vs the Managing Director

M.V.Eldho vs The Managing Director

Type Court Judgment Court Kerala Decided Mar 31, 2021

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https://sooperkanoon.com/case/1623296

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Citation: sooperkanoon.com/1623296
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Mar 31, 2021
Case Number: WP(C)/7708/2021

Parties & Advocates

Appellant / Petitioner

M.V.Eldho

Respondent

The Managing Director

Excerpt

.....respondents :- 1 the managing director kerala state beverages (manufacturing and marketing) corporation ltd, bevco tower, vikas bhavan.p.o, palayam, thiruvananthapuram - 695 033. 2 the general manager(administration), kerala state beverages (manufacturing and marketing)corporation ltd, bevco tower, vikas bhavan.p.o, palayam, thiruvananthapuram - 695 033. 3 the regional manager, kerala state beverages(manufacturing and marketing) corporation ltd, regional offfice(c2), pattanchery lane, punithura.p.o, thripunithura, pin - 682 038. by sri.t naveen, sc this writ petition (civil) having come up for admission on 31.03.2021, the court on the same day delivered the following: -: 2 :-judgmentdated this the 31st day of march, 2021 this writ petition is filed seeking the following reliefs :-“i. to call for the records leading to the issuance of ext.p10, transfer and posting of employees in ksbc and cancel or set aside the order to the extent affecting the transfer of the petitioner mentioned at serial no.51 and permit the petitioner to continue in the fl-1 shop no.7030, nedumbassery, in the interest of justice. ii. to declare that the petitioner is entitled to continue in fl-1 shop no.7030 as per ext.p9 order, which is already allowed by the respondent, notwithstanding ext.p10 transfer and posting order. iii. to declare that the frequent transfer of the petitioner is detrimental to the petitioner, as it is likely to cause huge financial liability as per ext.p1 circular.”2. heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondents.3. it is submitted by the learned counsel for the petitionerthat the petitioner is an abkari worker absorbed in the service of the respondent corporation on 24.2.2011. he was transferred to fl-1 shop at mulanthuruthy by ext.p5 order dated 21.12.2020. he made a request for a posting to a shop near nedumbassery. accordingly, his request was allowed and he was transferred from mulanthuruthy to.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 31ST DAY OF MARCH 2021 / 10TH CHAITHRA, 1943 PETITIONER :- M.V.ELDHO, AGED 47 YEARS S/O.M.P.VARKEY, ABKARI WORKER-C3, FL-1 SHOP NO.7030, NEDUMBASSERY SHOP, RESIDING AT MALPPAN HOUSE, THURUTHISSERY, MEKKAD.P.O, PIN - 683 589. BY ADVS. SRI.C.S.AJITH PRAKASH SRI.T.K.DEVARAJAN SRI.PAUL C THOMAS SRI.BABU M. SRI.NIDHIN RAJ VETTIKKADAN SRI.HAARIS MOOSA SMT.DEVYANI SMT.NIKHITA ANN REBELLO SRI.ADESH JOSHI RESPONDENTS :- 1 THE MANAGING DIRECTOR KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION LTD, BEVCO TOWER, VIKAS BHAVAN.P.O, PALAYAM, THIRUVANANTHAPURAM - 695 033. 2 THE GENERAL MANAGER(ADMINISTRATION), KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING)CORPORATION LTD, BEVCO TOWER, VIKAS BHAVAN.P.O, PALAYAM, THIRUVANANTHAPURAM - 695 033. 3 THE REGIONAL MANAGER, KERALA STATE BEVERAGES(MANUFACTURING AND MARKETING) CORPORATION LTD, REGIONAL OFFFICE(C2), PATTANCHERY LANE, PUNITHURA.P.O, THRIPUNITHURA, PIN - 682 038. BY SRI.T NAVEEN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -: 2 :-

JUDGMENT

Dated this the 31st day of March, 2021 This writ petition is filed seeking the following reliefs :-

“i. To call for the records leading to the issuance of Ext.P10, transfer and posting of employees in KSBC and cancel or set aside the order to the extent affecting the transfer of the petitioner mentioned at serial No.51 and permit the petitioner to continue in the FL-1 shop No.7030, Nedumbassery, in the interest of justice. ii. To declare that the petitioner is entitled to continue in FL-1 shop No.7030 as per Ext.P9 order, which is already allowed by the respondent, notwithstanding Ext.P10 transfer and posting order. iii. To declare that the frequent transfer of the petitioner is detrimental to the petitioner, as it is likely to cause huge financial liability as per Ext.P1 circular.”

2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.

3. It is submitted by the learned counsel for the petitioner

that the petitioner is an abkari worker absorbed in the service of the respondent Corporation on 24.2.2011. He was transferred to FL-1 shop at Mulanthuruthy by Ext.P5 order dated 21.12.2020. He made a request for a posting to a shop near Nedumbassery. Accordingly, his request was allowed and he was transferred from Mulanthuruthy to Nedumbassery FL-1 shop. It is submitted that by -: 3 :- Ext.P10 order dated 12.3.2021, he has been transferred to Padivattom shop near Palarivattom. The learned counsel for the petitioner submits that his transfer by Ext.P10 order is vitiated and that he has severe difficulty in travelling to Padivattom from his residence at Nedumbassery. It is submitted by the learned counsel for the petitioner that Ext.P11 representation has been submitted by the petitioner and the same is liable to be considered in accordance with law.

4. The learned Standing Counsel appearing for the

respondents submits that Ext.P11 can be considered, however, urgent requirement has prompted the issuance of Ext.P10 order, by which the petitioner has been posted at the present place only on a work arrangement basis.

5. Having considered the contentions advanced, I am of the

opinion that the specific complaints raised by the petitioner against Ext.P10 are liable to be considered by the respondents, in accordance with law. There will, accordingly, be a direction to the 1 st respondent to take up Ext.P11 representation preferred by the petitioner and to pass orders thereon, within a period of two weeks from the date of receipt of a copy of this judgment. The petitioner -: 4 :- shall produce a further copy of Ext.P11 along with a copy of this

judgment before the 1st respondent for compliance.

This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE Jvt/8.4.2021 -: 5 :- APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE LATEST CIRCULAR NO.KSBC/LA/042/2017-18 DATED 20.12.2017 DEALING WITH LIABILITY FIXATION. EXHIBIT P2 A TRUE COPY OF THE ORDER BEARING NO.KSBC/IA/STOCK LIABILITY/058/2018-19 DATED 03.12.2019,EFFECTING RECOVERY ON THE PETITIONER,WHILE WORKING IN THE FL-1 7005.

EXHIBIT P3 A TRUE COPY OF THE PROCEEDINGS NO.KSBC/WH/ALA/ESTD/2020-21/7005 DATED 19.12.2020 EXHIBIT P4 A TRUE COPY OF THE ORDER NO.KSBC/EDAPPALLY/1/2020- 21 DATED 21.12.2020 EXHIBIT P5 A TRUE COPY OF THE ORDER FORWARDED BY THE MANAGER WAREHOUSE TO THE REGIONAL MANAGER,THRIPUNITHURA DATED 21.12.2020. EXHIBIT P6 A TRUE COPY OF THE REQUEST LETTER DATED 16.02.2021 EXHIBIT P7 A TRUE COPY OF THE PROCEEDING NO.KSBC/RMC-11/2020- 21 DATED 23.02.2021

EXHIBIT P8 A TRUE COPY OF THE RELIEVING ORDER

NO.KSBC/2/7012/20-21 DATED 24.02.2021 EXHIBIT P9 A TRUE COPY OF THE OFFICE ORDER ISSUED BY THE MANAGER,WAREHOUSE,CHALAKKUDY DATED 25.02.2021 EXHIBIT P10 A TRUE COPY OF THE PROCEEDING NO.5071/AE17/2020 KSBC DATED 12.03.2021. EXHIBIT P11 A TRUE COPY OF THE REPRESENTATION SENT BY REGISTERED POST, 29.2.2021 //TRUE COPY// P.A. TO JUDGE

Same Court & Year Kerala · 2021 Same Parties M.V.Eldho vs The Managing Director Same Judge Honourable Mrs. Justice Anu Sivaraman