IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 20080 of 2009(D) ----------------------------------------- PETITIONER(S): ---------------------- MADHUSOODHANAN.V,ASSISTANT SALESMAN, SUPPLY-CO LABHAM MARKET,KANJIKUZHY, DISTRICT DEPOT KOTTAYAM,KOTTAYAM DISTRICT. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): -------------------------- 1. KERALA STATE CIVIL SUPPLIES CORPORATION LTD.REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR,KERALA STATE CIVIL SUPPLIES CORPORATION LTD.H.O,GANDHI NAGAR,KOCHI-20. 2. THE CHAIRMAN AND MANAGING DIRECTOR KERALA STATE CIVIL SUPPLIES CORPORATION LTD, H.O,GANDHI NAGAR,KOCHI-20. 3. THE REGIONAL MANAGER,SUPPLY-CO, REGIONAL OFFICE,KOZHIKODE. 4. THE ASSISTANT MANAGER,SUPPLY-CO, KANHANGAD,KASARAGOD DISTRICT. BY ADVS.SMT.SUMATHI DANDAPANI (SR) MR.MILLU DANDAPANI FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.20080 of 2009 -------------------------------------- Dated 28th July, 2009 JUDGMENT Heard Sri.Kaleeswaram Raj, the learned counsel appearing for the petitioner and Smt.Sumathy Dandapani, the learned Senior Advocate appearing for the respondents. 2. The petitioner who was an Assistant Salesman in the Labham Market at Cheruvathur run by the Kerala State Civil Supplies Corporation Ltd. was placed under suspension by Ext.P1 order dated 1.6.2009 passed by the Regional Manager, Kozhikode. Aggrieved thereby the petitioner filed W.P.(C)No.15924 of 2009 in this Court. By Ext.P3 interim order passed on 11.6.2009, this Court directed reinstatement of the petitioner in service with the observation that it will be open to the respondents to post the petitioner in another station. In compliance with the directions issued by this Court in Ext.P3 interim order, the Regional Manager, Kozhikode reinstated the petitioner in service by Ext.P5 order dated 22.6.2009. Simultaneously the Regional Manager also alloted the petitioner to Kottayam District and directed him to report before the Regional Manager, Kottayam for further posting. The petitioner complied with Ext.P5 and reported for duty before the Regional Manager, Kottayam whereupon Ext.P6 order WP(C).No.20080/2009 2 dated 24.6.2009 was issued directing the Assistant Manager to post the petitioner in any of the outlets without independent charge. The petitioner was accordingly posted in the District Depot at Kottayam as per Ext.P7 dated 24.6.2009 issued by the Assistant Manager. In this writ petition the petitioner challenges his transfer to Kottayam. The respondents have filed a statement justifying their action. It is contended that as a criminal case is also pending against the petitioner it was decided to post him in another district and that this Court has in Ext.P3 order reserved liberty with the respondents to post him in any station. 3. The pleadings disclose that in implementation of Ext.P3 interim order passed by this Court, the petitioner was reinstated in service and transferred to Kottayam District by the Regional Manager. It is the said action that is challenged in this writ petition. In my opinion, the petitioner ought to have moved the higher authorities instead of seeking the intervention of this Court. The Regional Manager is subordinate to the Chairman and Managing Director of the Kerala State Civil Supplies Corporation Ltd.. The petitioner submits that if it was necessary to transfer him from Cheruvathur, he should have been accommodated in the neighbouring Kannur District where according to the petitioner at least 20 vacancies of Assistant Salesman WP(C).No.20080/2009 3 exist. In my opinion, this is a matter which the petitioner can bring to the notice of the Chairman and Managing Director. The petitioner has also complied with the order of transfer and joined duty in Kottayam District. I therefore do not propose to go into the merits of the petitioner's contentions at this stage. I accordingly dispose of this writ petition with the direction that in the event of the petitioner filing an appropriate representation before the Chairman and Managing Director of the Kerala State Civil Supplies Corporation Ltd. within two weeks from today, pointing out the available vacancies in Kannur District, the Chairman and Managing Director shall consider the said representation and take a decision thereon in consultation with the Regional Manager at Kozhikode, after affording the petitioner a reasonable opportunity of being heard. Final orders in the matter shall be passed within two months from the date on which the petitioner files a representation as directed above. P.N.RAVINDRAN Judge TKS