IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WP(C).No. 21294 of 2011(J) -------------------------------------- PETITIONER(S): ----------------------- M.J. JOY, P.F.NO.1589, TAPPER, DIVISION-A, KALLALA ESTATE, THE PLANTATION CORPORATION OF KERALA LTD., KALADY PLANTATION P.O., ERNAKULAM-683 581. BY ADV. SRI.ALEX.M.SCARIA, SRI.GEORGE T. THACHETT, SMT.M.M.GRACY. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE PLANTATION CORPORATION OF KERALA LTD., REP. BY ITS MANAGING DIRECTOR, KANJIKUZHI, KOTTAYAM-4. 3. THE MANAGER, KALLALA ESTATE, THE PLANTATION CORPORATION OF KERALA LTD., KALADY PLANTATION P.O., ERNAKULAM-683 581. R1 BY GOVT. PLEADER MR.G. GOPAKUMAR. R2 & R3 BY ADV. SRI.V.ABRAHAM MARKOS, SRI.MATHEWS K.UTHUPPACHAN, SRI.BINU MATHEW, SRI.TERRY V.JAMES, SRI.B.J.JOHN PRAKASH, SRI.TOM THOMAS (KAKKUZHIYIL). THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 21294 of 2011(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 13/06/2011. EXT.P2: COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT NO.KLA/LAB/4/449 DATED 17/06/2011. EXT.P3: COPY OF THE DAILY PRODUCTION STATEMENT ON 02/06/2011, 07/06/2011, 11/06/2011 AND 16/06/2011 OF TASK NUMBER 43. EXT.P4: COPY OF THE APPEAL DATED 08/07/2011 FILED BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS:- EXT.R3(a): COPY OF THE LETTER DTED 15/06/2011 ISSUED BY THE PETITIONER TO THE MANAGER. EXT.R3(b): COPY OF THE NOTICE DATED 20/07/2011 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.R3(c): COPY OF THE REPORT DATED 20/07/2011 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. //TRUE COPY// P.S. TO JUDGE rs P.N. RAVINDRAN, J. ------------------------------- W.P (C) No. 21294 of 2011 ------------------------------- Dated this the 27th day of September, 2011 J U D G M E N T Ext.P2 order passed by the third respondent reinstating the petitioner in service, but in another division is under challenge in this writ petition. The brief facts of the case are as follows. 2. The petitioner was employed as a tapper in Division-A of Kallala Estate run by the Plantation Corporation of Kerala Ltd., the second respondent herein. He was placed under suspension on 14.6.2011. Pending enquiry, three days later, the impugned order was issued reinstating him in service, but transferring him to another division and also informing him that an enquiry will be conducted into the allegations levelled against him. The main contention raised by the petitioner is that the transfer is to a far away place and if he is transferred he will lose his seniority and other service benefits. The petitioner has also stated that aggrieved by Ext.P2 order of transfer issued by the third respondent, he has filed Ext.P4 representation before the Managing Director of the Plantation Corporation of Kerala Ltd. In this writ petition, the petitioner challenges Ext.P2 and in the alternative, seeks a direction to the second respondent to consider and pass appropriate orders on Ext.P4 representation. W.P.(C) No.21294 of 2011 2 3. The third respondent has filed a counter affidavit dated 25.8.2011. It is stated that Division-A is only 6 Kms. away from Division-G and not 12 Kms. away as alleged by the petitioner. It is also stated that the petitioner will not lose his seniority and would continue in service on the same terms of employment. It is also stated that after the petitioner joins duty at Division-G, a charge memo will be issued, an enquiry will be held and the proceedings will be finalised expeditiously after affording the petitioner an opportunity to defend himself. Relying on Ext.R3(a) letter dated 15.6.2011 sent by the petitioner to the Estate Manager, it is contended that the petitioner has admitted that there were some lapses on his part, and therefore, no interference is called for with the order of transfer. 4. It is evident from the pleadings and the materials on record that the petitioner was transferred from Division A where he was working to Division-G, after he was found to have committed an act of misconduct. Ext.P1 produced by the petitioner himself discloses that even before he was placed under suspension, a show cause notice was issued to him on 13.6.2011 calling upon him to show cause why disciplinary proceedings should not be initiated against him. It was only thereafter that an order of transfer was issued, after reinstating him in service. Even otherwise, as an employee of the W.P.(C) No.21294 of 2011 3 Plantation Corporation of Kerala Ltd., the petitioner is bound to serve in any division of the estate. He cannot contend for the position that he will serve only in a particular division. I, therefore, find no grounds to interfere with the order of transfer. However, in view of the fact that the petitioner has already submitted a representation to the second respondent, I am of the opinion that the second respondent should consider the said representation and pass appropriate orders thereon. I accordingly dispose of the writ petition with a direction to the Managing Director of Plantation Corporation of Kerala Ltd. to consider Ext.P4 representation and take an appropriate decision thereon expeditiously and in any event within one month from the date of production of a copy of this judgment. The petitioner shall without prejudice to his right to prosecute Ext.P4, join duty in Division-G subject to the outcome of Ext.P4. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.21294 of 2011 JUDGMENT Dated:- 27th September, 2011 --------------------------------------