IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 5904 of 2009(G) --------------------------------------- PETITIONER(S): ------------------------- R.BHAGYALAKSHMI NOW WORKING AS STENOGRAPHER, KERALA ELECTRICAL AND ALLIED ENGINEERING COMPANY LTD., MAMALA UNIT, MAMALA PO, KOCHI - 03. BY ADVS. MR.K.S.MOHAMED HASHIM, SMT.CAROLIN SINDHU VAZ. RESPONDENT(S): ---------------------------- 1. KERALA ELECTRICAL AND ALLIED ENGINEERING COMPANY LTD.,A KERALA GOVERNMENT UNDERTAKING COMPANY HAVING ITS CORPORATE OFFICE AT 7TH FLOOR, HOUSING BOARD OFFICE COMPLEX, PANAMPALLY NAGAR, KOCHI-36,REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE MANAGER ( P&A) KERALA ELECTRICAL AND ALLIED ENGINEERING COMPANY LTD., MAMALA UNIT, MAMALA PO., KOCHI-05. R1 & R2 BY ADV. MR.M.K.THANKAPPAN, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5904/2009 G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE MANAGING DIRECTOR, KERALA ELECTRICAL AND ALLIED ENGINEERING COMPANY LTD., DTD. 21/02/2009. EXT.P2: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE MANAGER (P&A), KERALA ELECTRICAL AND ALLIED ENGINEERING COMPANY LTD., MAMALA UNIT DTD. 21/02/2009. EXT.P3: COPY OF THE MEMORANDUM DTD. 23/02/2009. EXT.P4: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE MANAGING DIRECTOR, KERALA ELECTRICAL AND ALLIED ENGINEERING COMPANY LTD., DTD. 09/10/2008. EXT.P5: COPY OF THE MEMORANDUM SUBMITTED BY THE TRADE UNION REPRESENTING THE WORKMEN OF THE 1ST RESPONDENT COMPANY, BEFORE THE 1ST RESPONDENT DTD. 14/03/2009. EXT.P6: COPY OF THE LIST OF TYPISTS PRESENTLY WORKING IN THE 1ST RESPONDENT COMPANY UNDER VARIOUS UNITS. EXT.P7: COPY OF THE ORDER DTD. 08/02/1993 APPOINTING SMT. PREMALATHA.N. AS STENOGRAPHER ISSUED BY THE THE MANAGING DIRECTOR OF THE 1ST RESPONDENT COMPANY. EXT.P7(A): COPY OF THE CERTIFICATE ISSUED BY THE THEN SENIOR MANAGER (PERSONNEL & ADMN) DTD. 04/02/1993 IN FAVOUR OF SMT. PREMALATHA.N. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF REPRESENTATION OF THE PETITIONER DTD.07/11/08 SUBMITTED TO THE MANAGER (P&A). EXT.R1(B): COPY OF MOU BETWEEN BHEL AND GOVT. OF KERALA DTD. 03/02/09. EXT.R1(C): COPY OF KEL-BHEL PUBLISHED IN THE HINDU DAILY DTD. 01/02/1999. Kss ..2/- ....2.... WPC.NO.5904/2009 G EXT.R1(D): COPY OF THE LETTER NO.GM/10/370/09 DTD. 29/01/09 SUBMITTED BY UNIT HEAD – KEAL KASARGODE UNIT TO THE 1ST RESPONDENT. EXT.R1(E): COPY OF THE LETTER NO.GM/10/612/09 DTD. 13/02/09 SUBMITTED FROM UNIT HEAD – KEL KASARGODE UNIT TO 1ST RESPONDENT. EXT.R1(F): COPY OF THE OFFICE ORDER NO.GMPA/33/3109/09 DTD.16/02/09 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.R1(G): COPY OF THE COMMUNICATIONS DTD. 21/02/09 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.R1(H): COPY OF THE IOC DTD. 04/03/09. EXT.R1(I): COPY OF THE RELIEVING ORDER NO.MPA/41/9546/09 DTD. 21/09/09 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER. EXT.R1(J): COPY OF THE APPOINTMENT ORDER NO.GMPA/6/491/94 DTD. 16/04/94 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.R1(K): COPY OF THE ORDER NO.GMPA/6/6788/92 DTD.27/12/1992. EXT.R1(L): COPY OF THE G.O.(RT) NO.981/08/ID DTD. 1/09/2008. EXT.R1(M): COPY OF ORDER NO.GMPA/33/543/04 DT. 1/06/04. EXT.R1(N): COPY OF THE ORDER NO.AE1/6650/06 DTD. 11/10/2006. EXT.R1(O): COPY OF LETTER NO.GAPA/70/165/08 DTD.18/04/2008. EXT.R1(P): COPY OF ORDER NO.KMTM/3866/08 DTD. 12/08/08. /TRUE COPY/ P.A.TO JUDGE Kss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.5904/2009-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 27th day of March, 2009 J U D G M E N T The petitioner is working as a Stenographer under the first respondent Company. The main challenge in the writ petition is against the order of transfer by which she has been transferred from the unit of the first respondent in Mamala to the unit at Kasaragod . Mainly it is contended by the petitioner that she was posted as Personal Assistant to the Chairman and the Managing Director from 16/03/1992. The petitioner had approached this Court by filing W.P.(C).No.4192/2009 seeking for various reliefs. But pending the writ petition, she is ordered to be transferred. It is pointed out that her son is studying in Std.X and his annual examination commenced on 04/03/2009. Her 82 year old mother-in-law is residing with her and her husband is a chronic diabetic patient. 2. The respondents have filed a detailed counter affidavit and an additional counter affidavit. The petitioner has filed a reply affidavit as well as an additional reply affidavit. Ext.R1(f) is the order by which the petitioner was transferred to Kasaragod unit. A reading of Ext.R1(f) shows that the petitioner is temporarily posted to the Kasaragod unit of the company on work arrangement basis. It is pointed out in the counter W.P.(C) No.5904/2009 -:2:- affidavit that there is no qualified Stenographer in Kasaragod unit of the first respondent company and the unit has projected the requirement of a Stenographer on urgent basis. It is accordingly, she was decided to be posted in Kasaragod. At present she is attached to the Marketing Department of KEL, Mamala unit attending to clerical and typing work. It is further averred that an MOU was signed between Government of Kerala/KEL Kasaragod and BHEL on 03/02/2009 for joint venture of KEL and BHEL. The same have been produced as Exts.R1(b) and R1(c). According to the MOU, a joint working group has been set up to work out the details of joint venture including new products. Ext.R1(d) is relied upon to contend for the position that there is an immediate requirement of a Stenographer in connection with the work relating to the joint venture project, to be finalised immediately. 3. The petitioner in the reply affidavit and the additional reply affidavit points out that she is not the lone available Stenographer and there are others who have been appointed, even in Kasaragod unit, and who could be asked to complete the work that is required to be met in connection with the temporary requirement of the first respondent company. 4. The question is whether the transfer ordered is in abuse of powers or is a mala fide one. Going by the averments in the counter affidavit, the requirement of a Stenographer for a short duration in the W.P.(C) No.5904/2009 -:3:- Kasaragod Unit is evident and therefore, the petitioner is posted there on working arrangement. The learned counsel appearing for the respondents submitted that the maximum tenure for which the petitioner's service is required will be for a period of three months or till another Stenographer is available on an earlier date. It is submitted that immediately on completion of the work within the above period of three months or if another person is available before that date, the petitioner will be reposted in Mamala unit. In the light of the above submission, the writ petition is disposed of with the following directions. The petitioner will join in the Kasaragod unit within a period of one week from today. She will be retained there only for a period of three months or if a substitute is available whichever is earlier. Thereafter, the petitioner will be reposted in Mamala itself. The writ petition is disposed of accordingly. No costs. 5. Since the service of the petitioner is required in connection with the completion of contract with the BHEL, the petitioner will co- operate with the duties which are assigned to her in the Kasaragod unit. (T.R. Ramachandran Nair, Judge.) ms