IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).No. 16064 of 2010(G) -------------------------- PETITIONER(S): --------------- SARASAN.T.D, ABKARI WORKER (I.D.NO.2300, LIEN F.L.-53 AROOR), F.L 1-07022, KERALA STATE BEVERAGES CORPORATION THOPPUMPADY SHOP, RESIDING AT THOTTUNGAL PARAMBIL, THIRUMALABHAGOM P.O., THURAVOOR. BY ADV. SRI.T.P.SAJAN SRI.M.MOHAMED NAVAZ RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, EXCISE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. KERALA STATE BEVERAGES CORPORATION LTD. REPRESENTED BY ITS MANAGING DIRECTOR, SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM, THIRUVANANTHAPURAM. 3. MANAGING DIRECTOR, KERALA STATE BEVERAGES CORPORATION LTD., SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM, THIRUVANANTHAPURAM. 4. GIRISH KUMAR, SHOP IN CHARGE, KERALA STATE BEVERAGES CORPORATION, THOPPUMPADY SHOP. 5. MANAGER, K.S.B.C. WARE HOUSE, THRIPOONITHURA. 6. T.V.POULOSE, (I.D.NO.2626, LIEN F.L-132 FORT KOCHI), F.L 1-07023, KERALA STATE BEVERAGES CORPORATION, KARUVELIPADY SHOP. ADV. SRI.ELVIN PETER.P.J, SC,BEVERAGES CORPN FOR R2,3,5 MR.P.NANDAKUMAR, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.16064 of 2010 (G) --------------------------------- Dated, this the 25th day of May, 2010 J U D G M E N T The petitioner is an abkari worker attached to the Thoppumpady shop of the 2nd respondent. Based on report of audit team, the 3rd respondent has issued Ext.P3 order transferring the petitioner and posting him to a shop of the Corporation at Elanji in Kottayam district. It is challenging the transfer, this writ petition is filed. 2. The learned counsel for the petitioner submits that the allegations mentioned in Ext.P3 are incorrect. It is contended that having regard to the old age of his parents and other family problems, the petitioner cannot stay away from his house. On this basis, the petitioner seeks a direction to the 3rd respondent to give him a posting, if not at Thoppumpady, atleast in any one of the shops in the nearby area, so that he can look after the affairs of his family also. 3. Heard the learned standing counsel appearing for respondents 2 & 3 also. WP(C) No.16064/2010 -2- 4. Ext.P3 order discloses that the audit team had reported that the petitioner was causing obstruction to the smooth conduct of the shop. In the light of such a report, if the 3rd respondent has decided to transfer and post the petitioner to another location, such an administrative decision cannot be faulted. At the same time, if the petitioner has grievances, which are personal in nature, the course open to the petitioner is to make an appropriate application to his employer and seek appropriate modification to the order of transfer. 5. Therefore, I direct that it will be open to the petitioner to move the 3rd respondent for a convenient posting, in which event, taking into account all aspects of the matter, the 3rd respondent shall consider the same and pass orders thereon within four weeks of its receipt. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 3rd respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg