IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 28478 of 2008(M) -------------------------- PETITIONER(S): --------------- M.RAVIDAS,(UNDER ORDER OF TRANSFER) SALES, MAN, MAVELI STORE UPPALA KSCS CORPORATION, KASARGOD. BY ADV. SRI.P.NARAYANAN RESPONDENT(S): --------------- 1. THE CHAIRMAN & MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION, THIRUVANANTHAPURAM. 2. THE ASST. MANAGER, DISTRICT DEPOT KERALA STATE CIVIL SUPPLIES CORPORATION KASARGOD 3. REGIONAL MANAGER, KERALA STATE CIVIL SUPPLIES CORPORATION, KOZHIKODE. ADV. SRI.LAKSHMI NARAYAN, SC, SUPPLYCO FOR RESPONDENTS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No. 28478 OF 2008 ------------------------------- Dated this the 10th November, 2008. J U D G M E N T The petitioner had earlier moved this Court aggrieved by his transfer from Maveli Store, Uppala to Maveli Store, Anangoor, by filing W.P.(C) No.23105 of 2008. Ext.P1 is the order of transfer passed by the Assistant Manager in the District Depot of Kerala State Civil Supplies Corporation Ltd. at Kasargod. Smt.T.C.Money, Assistant Salesman, who was the Shop Manager in charge of Maveli Store, Anangoor was transferred and posted in petitioner's place at Uppala. By Ext.P2 judgment delivered on 31.7.2008 in W.P.(C) No.23105 of 2008, this Court directed that if the petitioner files a representation before the first respondent, the first respondent shall consider the same and take a decision thereon, in accordance with law, within three weeks from the date of receipt of the representation. The petitioner accordingly submitted Ext.P3 representation before the Chairman and Managing Director W.P.(C) No.28478/2008 2 of Kerala State Civil Supplies Corporation Ltd. In the said representation, the petitioner pointed out that he is residing with his family at Uppala for the past four years and that transfer from Uppala to Anangoor will cause hardship to him. The Chairman and Managing Director of Kerala State Civil Supplies Corporation considered the petitioner's request in Ext.P3 and directed the Regional Manager to post the petitioner to an outlet under Kalpetta/Kanhangad Depot having large number of vacancies. Hence this writ petition challenging Ext.P5. 2. The respondents have filed a statement to the effect that the petitioner is residing at Madhur which is nearly 5 Kms. away from Anangoor and 25 Kms. away from Uppala. It is stated that the petitioner's transfer from Uppala to Anangoor was in fact convenient to him and that in public interest, the Managing Director has directed that the petitioner be transferred and posted to an outlet under Kalpetta/Kanhangad Depots. When this Writ Petition came up for admission on 28.10.2008, I had directed the learned Standing Counsel for the W.P.(C) No.28478/2008 3 Kerala State Civil Supplies Corporation Ltd. to ascertain and submit whether the post of Shop Manager at Maveli Store, Anangoor, to which the petitioner was originally transferred as per Ext.P1 order of transfer is still lying vacant. I had also directed that if the said post is lying vacant, it shall not be filled up until further orders. 3. When the writ petition came up for hearing today, Sri.R.Lakshmi Narayanan, the learned Standing Counsel appearing for the Kerala State Civil Supplies Corporation Limited, submitted that the petitioner and Smt.T.C.Money were mutually transferred. The learned Standing Counsel did not however state whether the vacancy at Anangoor still exists. However, the leaned counsel for the petitioner submitted that in every Maveli Store, there exists one post of Shop Manager and Assistant Salesman, and that Smt.T.C.Money was Assistant Salesman in the Maveli Store at Anangoor. He further submitted that Smt.T.C.Money was transferred and posted only as Assistant Shop Manager in the Maveli Store at Uppala, that the post of W.P.(C) No.28478/2008 4 Shop Manager at Maveli Store, Anangoor, is still vacant and that if the respondents were not willing to consider his request in Ext.P3 representation, they ought to have sustained Ext.P1 order of transfer and directed him to join duty at Uppala, instead of posting him at a station still farther from his place of residence. 5. A reading of Ext.P5 indicates that for having moved this Court, the petitioner has been ordered to be transferred to a far away place. Ext.P5 order and the statement filed by the respondents also disclose that the petitioner's superior officer evidently did not relish the petitioner moving this Court seeking redressal of his grievances. Considering the pleadings and materials on record, I am satisfied that the vacancy at Maveli Store, Anangoor, has not been filled as on date. I am also satisfied that the respondents have, aggrieved by the petitioner moving this Court earlier, instead of directing him to comply with Ext.P1 order of transfer, ordered his transfer to a station which is still farther away. W.P.(C) No.28478/2008 5 Having regard to the fact that no material has been produced before me to show that the vacancy of Shop Manager in Maveli Store, Anangoor, has been filled up after Ext.P1 order of transfer, I dispose of the Writ Petition with a direction to the respondents to post the petitioner as Shop Manager at Maveli Store, Anangoor, as directed in Ext.P1 order of transfer. Necessary orders in that regard shall be passed by the competent authority among the respondents within one week from today. It is further directed that till orders are passed as directed above, the petitioner will be permitted to continue in Uppala, where he is presently working, by virtue of the interim orders passed by this Court in this Writ Petition. P.N.RAVINDRAN, JUDGE nj.