IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 WP(C).No. 23024 of 2011(C) -------------------------- PETITIONER(S): ------------------------- 1. R.LALITHA,ASSISTANT MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., VAIKOM TOLL JUNCTION BRANCH. 2. G.SAJIMON,ASSISTANT MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., KUNNICODE BRANCH. 3. HARILAL S, DEPUTY MANAGER,KERALA STATE FINANCIAL ENTERPRISES LTD,PUNALUR BRANCH. 4. SANALKUMAR V.S, ASSISTANT MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD, KADAPPAKADA BRANCH. 5. BINU N.PANIKKAR, ASSISTANT MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD, (GRADE-111),ALAPPUZHA BRANCH. 6. THANKACHAN P.M, ASSISTANT MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD, (GRADE-111),ALAPPUZHA BRANCH. 7. WILFRED P.J, ASSISTANT MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD, ALAPPUZHA EVENING BRANCH. 8. MUKUNDAM PRADEEP, ASSISTANT MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD, VAIKOM BRANCH. 9. SREEKUMAR S ASSISTANT MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD, ALAPPUZHA EVENING BRANCH. BY ADV. SRI.K.GOPALAKRISHNA KURUP, SENIOR ADVOCATE SRI.S.MANU SMT.K.DEEPA (PAYYANUR) RESPONDENT(S): --------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LTD,REPRESENTED BY ITS MANAGING DIRECTOR 'BHADRATHA', THRISSUR-680 020. 2. THE MANAGING DIRECTOR (INCHARGE), THE KERALA STATE FINANCIAL ENTERPRISES LTD, REPRESENTED BY ITS MANAGING DIRECTOR , 'BHADRATHA', THRISSUR-680 020. 3. ANILKUMAR K.P, ASSISTANT MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD, PALLICKATHODU BRANCH,KOTTAYAM DISTRICT 686 503. 4. K.R.GOPAKUMAR, ASSISTANT MANAGER, REGIONAL OFFICE, KERALA STATE FINANCIAL ENTERPRISES LTD, KOLLAM PIN 691 001. 5. AJAYAKUMAR S, ASSISTANT MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD, PARUR,KOLLAM DISTRICT PIN 691 301. 6. GEORGE D, ASSISTANT MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD, OFFICE OF INTERNAL AUDIT DEPARTMENT-5, KOLLAM,PIN 691 001. 7. VARGHESER T.A ASSISTANT MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD, CHANGANACHERRY BRANCH,KOTTAYAM,PIN 686 101. 8. JAYA PRADEEP P.A, ASSISTANT MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD, EDATHWA BRANCH,ALAPPUZHA,PIN 689 573. 9. NALINI K.N, ASSISTANT MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD, MUHAMMA BRANCH,688 525. 10. B.SWAMIDASAN, ASSISTANT MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD, ERNAKULAM REGIONAL OFFICE,ERNAKULAM, KOCHI-18. 11. AJITHA K.K ASSISTANT MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD, (GRADE II), ALAPPUZHA 11. BY STANDING COUNSEL SRI. E.K. NANDAKUMAR FOR R1 &2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2011, ALONG WITH WPC NO. 23134 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23024 of 2011(C) APPENDIX: PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF THE LETTER DATED 20.3.2010 ADDRESSED TOT HE UNIONS BY THE 1ST RESPONDENT ALONG WITH THE PROPOSED TRANSFER NORMS FOR THE OFFICERS. EXT.P2: TRUE COPY OF THE GOVT. ORDER G.O(MS) No.286/2010/TD DATED 10.12.2010 ALONG WITH APPENDIX-II. EXT.P3: TRUE COPY OF THE TRANSFER ORDER DATED 22.8.2011 ISSUED BY THE IST RESPONDENT. EXT.P4: TRUE COPY OF THE LETTER DATED 14.7.2009 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5: TRUE COPY OF THE ORDER DATED 25.8.2009 ISSUED BY THE 1ST RESPONDENT EXT.P6: TRUE COPY OF TE REPRESENTATION DATED 24.6.2010 EXT.P7: TRUE COPY OF THE CERTIFICATE ISSUED FROM INSTITUTE FOR COMMUNICATIVE AND COGNITIVE NEURO SCIENCES, THIRUVANANTHAPURAM RESPONDENTS EXHIBITS: NIL TRUE COPY P.A TO JUDGE Kp/ C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)Nos. 23024 & 23134 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of August, 2011 J U D G M E N T The petitioners in these writ petitions are working as Assistant Managers/Deputy Managers under the Kerala State Financial Enterprises Ltd.(for short 'KSFE') in its different branches. Since the grievances raised by them are against the common order passed by the common respondent as per Office Order No.4307 dated 22.8.2011 these writ petitions are heard jointly and are being disposed of by this common judgment. 2. According to the petitioners transfers and postings have been ordered as per Ext.P3 without any criteria. So far no guidelines have been formulated for transfer under KSFE and therefore, the orders of transfer are being issued according to the whims and fancies of the transferring authority. Manifold contentions as also grievances have been raised by the petitioners. In certain cases, the contention of the petitioners is that they are left with less than one year to retire from its service. In fact, in certain cases it is less than WPC.Nos23024& 23134/2011 : 2 : five months. Normally, such persons who are on the verge of retirement would not be disturbed from their present stations. In certain cases, the contention is that they came to the present station only in March 2011 and in the absence of any specific and compelling reasons there is no justification at all for transferring them for a second time during the same year and it would disturb their family set up and would result in considerable inconveniences to them. In the case of certain others they have been transferred to the present stations on compassionate grounds. The said crucial aspects were not taken into consideration while issuing Ext.P3. In short, the essence of the contentions of the petitioners is that it was without evaluating the feasibility, requirement, as also the entitlement of the persons to continue in the present station by virtue of the earlier orders and such other factors that require consideration that transfers and postings were ordered as per Ext.P3. The learned Standing Counsel appearing for the respondents resisted the said contentions. However, in view of the order I propose to pass in these writ petitions, I do not think it necessary to consider the WPC.Nos23024& 23134/2011 : 3 : grievances and contentions raised by the petitioners individually and independently. I am of the view that the grievances, claims and contentions raised by the petitioners requires a serious consideration, firstly, at the hands of the respondents. On such consideration, the genuine grievances, if any, of the transferees have to be redressed. When this matter is taken up for consideration today, the learned counsel for the petitioner handed over a copy of the Office Order No.4307 dated 24.8.2011. It would reveal that the transfer of the 14th petitioner in W.P(C) No.23134 of 2011 was cancelled as per the aforementioned order and it was ordered to retain her in Thamarassery itself. In view of the nature of the contentions and grievances the respondents shall treat the transfers and postings ordered as per Ext.P3, to the extent it pertains to the petitioners, shall be treated as provisional. It will be open to the petitioners to prefer proper representations raising their claims, contentions and grievances before the Managing Director of the KSFE Ltd., on or before 2.9.2011. Representations filed within the above stipulated time, shall be taken up for consideration by the WPC.Nos23024& 23134/2011 : 4 : Managing Director and after looking into the claims, contentions and grievances raised by the petitioners by applying mind, appropriate orders shall be passed thereon expeditiously, at any rate, within a period of two weeks thereafter. The learned Senior Counsel appearing for the petitioners submitted that as per Ext.P3 the petitioners are not even given the liberty to avail the joining time to which they are entitled to, in accordance with the provisions. Obviously, no specific reason has been assigned in the order No. 4307 dated 24.8.2011 to take away the said right of the petitioners to avail joining time. In the said circumstances it will be open to the petitioners to avail joining time, in accordance with the relevant provisions under Kerala Financial Enterprises Limited, to the permissible limit. Writ petitions are disposed of, accordingly. (C.T. RAVIKUMAR, JUDGE) jma