# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
## **`THE HONOURABLE MR.JUSTICE BASANT BALAJI`**
## **`MONDAY, THE 8[TH] DAY OF JANUARY 2024 / 18TH POUSHA, 1945`**
## **`WP(C) NO. 33785 OF 2023`**
## **`PETITIONER:`**
```
JAYA K.P
AGED 52 YEARS
W/O.BIJU N.G. INDRANEELAM, ULACODU, VAKKANAD P.O.,
KOLLAM DISTRICT WORKING AS MANGER KERALA STATE CO-
OPERATIVE BANK (KERALA BANK) KAREEPRA BRANCH, KOLLAM
CREDIT PROCESSING CENTRE, PIN – 691509.
```
## `BY ADV R.PUSHPANGATHAN PILLAI`
## **`RESPONDENTS:`**
- `1 THE BOARD OF DIRECTORS KERALA BANK [KERALA STATE CO-OPERATIVE BANK] , H.O: PB.NO.6515, CO-BANK TOWERS, VIHAS BHAVAN P.O., PALAYAM, 'THINIVANANTHAPURAMRFE95 033, REPRESENTED BY ITS PRESIDENT, PIN – 695033`
- `2 CHIEF GENERAL MANAGER KERALA BANK KERALA STATE CO-OPERATIVE BANK H.O: P.B.NO.6515, CO-BANK TOWERS VIKAS BHAVAN P.O., PALAYARN THIRUVANANTHAPURAM, PIN – 695033`
- `3 THE DEPUTY GENERAL MANAGER KERALA BANK [KERALA STATE CO-OPERATIVE BANK] CREDIT PROCESSING CENTRE HEAD, KOLLAM P.O., KOLLAM, PIN – 691001`
- `4 ADDL.R4. UNNIKRISHNA PILLAI P. MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., KAREEPRA BRANCH, KOLLAM DISTRICT. PIN - 691509 [ADDL.R4 IS IMPLEADED AS PER ORDER DATED 06.11.2023 IN I.A.1/2023 IN WP(C)33785/2023].`
WP (C) NO. 33785 OF 2023
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```
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.01.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
```
WP (C) NO. 33785 OF 2023
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## **JUDGMENT**
(Dated this the 8[th ] day of January, 2024)
The petitioner challenges Ext.P1 Transfer Memorandum dated 21.06.2023 where by the petitioner was transferred from Kareepra Branch in Kollam to Alappuzha and directed to be deployed in Pathanamthitta District. The petitioner joined with the service of the Kollam District Co-operative Bank Ltd., as per advice dated 31.12.2001 and 04.01.2002 of the District Officer of Kerala Public Service Commission, Kollam. After completing 20 years of service, she was promoted as Bank Manager and posted in different branches of the bank in Kollam District itself.
2. On receipt of the transfer order, the petitioner submitted representation before the Hon’ble Minister for Co-operation, highlighting her compassionate reasons and posting in the same branch itself. Another
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representation was filed on 09.07.2023 before the Hon’ble Finance Minister, but no orders are passed till date. Ext. Nos.P5, P6, P7 and P8 are the Medical Records which show that she had Gynecological problems after admission on 24.07.2023 and had undergone major surgery on 27.07.2023.
3. The learned counsel for the petitioner argues that Ext.P1 transfer order dated 21.06.2023 was issued in violation of the guidelines of the transfer. Therefore, the petitioner seeks the following reliefs:-
- i. To issue a writ of certiorari, any other appropriate writ, order, or direction, calling for the records leading upto the issuance of Ext.P1 order and quash the same to the extent it relates to the petitioner forthwith;
- ii. To issue a writ of mandamus, any other appropriate writ, order or direction, commanding the respondents to forebear from implementing Ext.P1 order of transfer to the extent it relates to the petitioner forthwith;
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- iii. To issue a writ of mandamus, any other appropriate writ, order or direction, commanding respondents 1&2 to cancel the name of the petitioner from Ext.P1 order forthwith and issue further orders to retain the petitioner at the places she has opted on extreme compassionate and medical grounds;
- iv. To dispense with the production of English Translation of vernacular language;
AND
- v. To issue such other writ, order or direction as this Hon’ble Court may deem fit and proper in the fact and circumstances of the case to meet the ends of justice.”
4. A notice was issued from this Court to the 4[th] respondent, and having accepted the notice, the 4[th] respondent has not appeared before this court.
5. A counter affidavit is filed on behalf of respondent Nos.1 to 3, in which it is submitted that there is no violation of the fundamental rights of the petitioner. The
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bank has framed definite guidelines for transfer, and the government approved it. Ext.R1 (a) is a transfer policy approved by the Government. An employee like the branch manager, cannot be retained in any area or district for more than the period provided by the transfer norms. Going by the norms, a person holding the post of Assistant Manager and above should be transferred strictly, adhering to the orders transferred every three years. Earlier, the petitioner was included in the transfer list on 30.05.2023, and she was transferred to Aruvappulam Branch. The petitioner filed a representation against the transfer, which was favorably considered. The petitioner was transferred to Alappuzha region with a direction to give posting convenient to the petitioner. Ext.R1(b) is the relieving order dated 19.07.2023 by which the petitioner was relieved from the duties of the Kareepara Branch on the A.N of 19[th] July
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2023.
6. In the reply affidavit, the petitioner has produced Ext.Nos.P26 and P27 representations filed before the 2[nd] and 3[rd] respondents, in which she highlights the medical treatment and the surgery she had to undergo and prays for a posting in the parent branch or in the branches in which she has given options.
7. The learned counsel for the petitioner further submits that vacancies are available in the 3[rd] respondent’s office and she can be accommodated without disturbing any of the persons.
8. The learned standing counsel for the 3[rd] respondent submits that, since the transfer order has been effected and the 4[th] respondent had already taken charge and is continuing in the office, the petitioner cannot be accommodated in the present branch where
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she was working for the last 1[1] /2 years. It is also submitted that the respondents can consider the representations Ext.Nos.P26 and P27.
9. The medical certificates produced, show that she was having gynecological problems and had to undergo surgery. After the surgery, she suffered from lower back pain and was not able to travel a distance of more than 70 Km from the present station to which she has been transferred.
Considering the facts and circumstances of the case, and also Ext.Nos.P5 to P8, there will be a direction to the 2[nd] respondent to take up Ext.P9 representation and considering the medical certificates produced as Ext.Nos.P5 to P8, pass appropriate orders on the representation.
The petitioner is free to produce a copy of the writ
9
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petition along with the judgment of this Court for due compliance. The representation shall be considered within a period of one month, and the petitioner shall also be heard before the orders are passed.
**Sd/-**
**BASANT BALAJI JUDGE**
SRJ
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## **`APPENDIX OF WP(C) 33785/2023`**
```
PETITIONER EXHIBITS
Exhibit P1A TRUE COPY OF THE TRANSFER ORDER DATED
21.06.2023
Exhibit P2A TRUE COPY OF THE MEMORANDUM NO.SDP
&G/061/97-98/16039,DATED08.02.2002
ISSUED BY THE 3RD RESPONDENT
Exhibit P 3A TRUE COPY OF THE REPRESENTATION DATED
24.06.2023 SUBMITTED BEFORE THE HON'BLE
MINISTER FOR CO-OPERATION, CULTURE AND
REGISTRATION
Exhibit P4A TRUE COPY OF THE REPRESENTATION
SUBMITTED BEFORE THE HON'BLE FINANCE
MINISTER OF THE STATE DATED 09.07.2023.
Exhibit P5A TRUE COPY OF THE ULTRA SOUND SCANNING
REPORT DATED 05.06.2023.
Exhibit P6A TRUE COPY OF THE DISCHARGE SUMMARY
DATED 01.08.2023.
Exhibit P 7A TRUE COPY OF FOLLOW UP ADVICE FOR
REVIEW DATED 01.08.2023 ISSUED BY THE
CONCERNED DOCTOR.
Exhibit P 8A TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUEDONTHEBASISOF
G.O.(P)NO.430/3/FIN., DATED 20.11.1973
HAVING SERIAL NO.5307, DATED 01.08.2028
ISSUED BY THE COMPETENT DOCTOR.
Exhibit P 9A TRUE COPY OF THE REPRESENTATION DATED
01.06.2023 SUBMITTED BEFORE THE 2ND
RESPONDENT.
Exhibit P10A TRUE COPY OF THE APPLICATION DATE
23.06.2023.
```
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```
Exhibit P 11
```
- `A TRUE COPY OF THE APPLICATION DATED 01.08.2023.`
```
Exhibit P 12
```
- `A TRUE COPY OF THE ABOVE MENTIONED REPRESENTATION DATED 20.09.2023 SUBMITTED BEFORE THE 2ND RESPONDENT.`
- `Exhibit P13 A TRUE COPY OF DE INTERIM ORDER DATED 13.10.2023 PASSED BY THIS HONB'LE COURT IN THE ABOVE WRIT PETITION.`
- `Exhibit P14(a) TRUE COPY OF THE LEAVE APPLICATIONS DATED 03.08.2023.`
- `Exhibit P14(b) TRUE COPY OF THE LEAVE APPLICATIONS DATED 03.08.2023.`
```
Exhibit P15
```
```
TRUE COPY OF THE PETITION DATED
20.10.2023 SUBMITTED BEFORE THE 2ND
RESPONDENT.
```
- `Exhibit P16 A TRUE COPY OF THE APPLICATION DATED 21.07.2023 BEFORE HE REGIONAL MANAGER, ALLEPPEY.`
- `Exhibit P17 A TRUE COPY OF THIS APPLICATION DATED 24.07.2023 BEFORE THE REGIONAL MANAGER, ALLEPPEY.`
- `Exhibit P18 A TRUE COPY OF THE PETITION DATED 21.10.2023 BEFORE THE PRESENT MANAGER, KAREEPRA BRANCH.`
- `Exhibit P19 A TRUE COPY OF THE PROMOTION LIST DATED 20.04.2022.`
```
Exhibit P20TRUE COPY OF DOCUMENT SHOWING DETAILS OF
SECURITISATION AND REGISTRATION OF GAHAN
DONE ON VARIOUS DATES (11 PAGES).
```
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```
Exhibit P21
```
```
TRUE COPY OF THE OUT PATIENT CASE SHEET
HAVING OP. NO. 932/2023 DT. 24/10/2023.
```
```
Exhibit P22TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 25/10/2023.
```
- `Exhibit P23 TRUE COPY OF THE REPORT DATED 26.10.2023 DULY SIGNED BY THE CONSULTANT RADIOLOGIST.`
- `Exhibit P24 TRUE COPY OF THE REPORT DATED 26.10.2023 DULY SIGNED BY THE CONSULTANT RADIOLOGIST.`
- `Exhibit P25 TRUE COPY OF THE SUBMISSION DATED 09.11.2023.`
```
RESPONDENT EXHIBITS
EXHIBIT R1(a)The true copy of the transfer policy
approved by the Government dated
12/12/2022.
```
```
EXHIBIT R1(b)The true copy of the relieving order
dated 19/7/2023.
```
## `PETITIONER EXHIBITS`
- `Exhibit P26 A true copy of the representation dated 20.12.2023 submitted before the 2nd respondent.`
```
Exhibit P27A true copy of the representation dated
24.12.2023 along with leave application
and medical certificate.
```
