High Court of KeralaSingle Judge2023-01-24Writ petition disposed of with directions to co...

Shaji K.K. v. Kerala State Beverages (Manufacturing and Marketing) Corporation Ltd. & Others

Case / Petition Number:WP(C) NO. 2288 OF 2023

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. V. Kunhikrishnan
Judgment Date: 2023-01-24
Court Decision / Holding: The writ petition is disposed of as follows: (i) The petitioner may submit a representation before the 1st respondent to accommodate him near Pala in Kottayam district within one week from receipt of this judgment. (ii) Upon receipt, the 1st respondent shall consider the representation and pass appropriate orders after giving the petitioner an opportunity of hearing. (iii) The 1st respondent will take into account that the petitioner is retiring in March 2024 while passing orders. (iv) Any consequential order shall be passed expeditiously, within one month from the date of receipt of the representation. (v) If the petitioner is not relieved from the present shop, he may continue until the representation is considered.
Final Disposition: Writ petition disposed of with directions to consider and decide the petitioner’s representation for accommodation near Pala within a month, taking into account retirement timing.

Parties to the Case

Appellants / Petitioners

Shaji K.K., s/o Kunjukutty, UDC, FL-01-0526, Pala, Kerala State Beverages (M&M) Corporation Ltd., Pala

Respondents

Managing Director, KSBC Kerala State Beverages (Manufacturing and Marketing) Corporation Ltd., Sasthamangalam, Thiruvananthapuram
General Manager (Administration) KSBC Kerala State Beverages (Manufacturing and Marketing) Corporation Ltd., Sasthamangalam, Thiruvananthapuram
Warehouse Manager, KSBC Kerala State Beverages (Manufacturing and Marketing) Corporation Ltd., Warehouse Ayarkunnam, Kottayam district
Excise Commissioner, Commissionerate of Excise, Thiruvananthapuram

Legal Representation & Advocates

Counsels for Petitioners

• Baby Thomas
• K. Anil Joseph
• George T.J
• Indrajith S
• Kaimal Alicia Jose

Counsels for Respondents

• S. Naveen T.
• Anima M.

Case Synopsis & Summary

Shaji K.K., an Upper Division Clerk serving at the Kerala State Beverages (Manufacturing and Marketing) Corporation Ltd., Pala, files a writ petition challenging transfer orders Ext. P6 (to Perunthalmanna) and Ext. P9 (rejection of his representation). The petitioner alleges Ext. P9 was issued without giving him an opportunity of hearing. He had earlier challenged Ext. P6 in WP(C) No. 38550/2022, and this Court, by Ext. P7, directed consideration of his representation. In the present proceedings, the Court notes that Ext. P9 does not require interference, but also recognizes the petitioner's impending retirement in March 2024 and warrants sympathetic consideration. The Court directs that the petitioner may submit a representation within one week from receipt of the judgment, requesting accommodation near Pala in Kottayam district. If a representation is received, the 1st respondent is to consider it after providing an opportunity of hearing, keeping in mind the retirement timeline and the possibility of relocation near Pala. The petitioner may continue at his current shop until the representation is decided, and any consequential order should be passed expeditiously, within one month of receiving the representation. The judgment reflects a balance between administrative efficiency and the employee’s impending retirement, with a focus on a near-Pala placement if feasible.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that Ext. P9 was issued without providing an opportunity of hearing, despite Ext. P7 directing consideration of his representation. He seeks to set aside Ext. P6 and Ext. P9 and to retain his posting at Pala (FL-015026). He argues for a sympathetic reassignment near Pala in view of retirement in March 2024 and that the court should call for the complete records of Exts P6 and P9 for proper adjudication.

Contentions of Respondents

The respondents maintain that Ext. P9 was issued in accordance with the department’s actions and do not require interference. They rely on the prior directions to consider the representation and contend that any relocation should be evaluated within administrative feasibility. They urge the court to exercise caution given ongoing administrative processes and the petitioner’s imminent retirement.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 24[TH] DAY OF JANUARY 2023 / 4TH MAGHA, 1944** ## **WP(C) NO. 2288 OF 2023** ## **PETITIONER:** SHAJI K.K., S/O. KUNJKUTTY, AGED 58 YEARS, UDC, FL-01-0526 PALA KERALA STATE BEVERAGES ( M&M) CORPORATION LTD., PALA, KOTTAYAM DISTRICT RESIDING AT KOCHILAMKUNNEL, AYARKUNNAM, KONGANDOOR, KOTTAYAM, PIN - 686564 BY ADVS. BABY THOMAS K.ANIL JOSEPH GEORGE T.J INDRAJITH S KAIMAL ALICIA JOSE ## **RESPONDENTS:** 1 THE MANAGING DIRECTOR, KSBC KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION SASTHAMANGALAM, THIRUVANANTHAPURAM, PIN - 695010 2 THE GENERAL MANAGER (ADMINISTRATION) KSBC KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION SASTHAMANGALAM, THIRUVANANTHAPURAM, PIN - 695010 3 WAREHOUSE MANAGER, KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION LTD. , WAREHOUSE AYARKUNNAM, KOTTAYAM DISTRICT, PIN - 686575 4 EXCISE COMMISSIONER COMMISSIONERATE OF EXCISE, PUBLIC OFFICE BUILDING, WP(C) NO. 2288 OF 2023 2 THIRUVANANTHAPURAM, PIN - 695023 BY ADV SRI.NAVEEN.T., SC, KERALA STATE BEV.CO. SMT.ANIMA.M., GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2288 OF 2023 3 ## **P.V.KUNHIKRISHNAN, J.** **-----------------------------W.P.(C).No. 2288 of 2023** **---------------------------------------------Dated this the 24[th] day of January, 2023** ## **JUDGMENT** The above writ petition is filed with the following prayers: _“(i) To call for the entire records leading to Ext P6 and Ext P9 passed by the respondent and to set aside the same to the extent it transfers the petitioner from FL 015026 shop at Pala to FL 0110006 by the issuance of a writ of certiorari or any other appropriate writ direction or order._ _ii) To issue a writ of mandamus or any other appropriate writ direction or order directing the respondents 1-3 to retain the petitioner in the present station at Pala in FL 015026 shop notwithstanding the issuance of Ext P6 and Ext P9._ _(iii) to dispense with the filing of the translation of vernacular documents produced by the petitioner in this case;_ _(iv) pass such other orders as this Hon'ble Court deems, fit, proper and necessary in the circumstances of the case.”[SIC]_ ## 2. Petitioner is working as an Upper Division WP(C) NO. 2288 OF 2023 4 Clerk in FL-01/5026 retail shop of Kerala State Beverages (Manufacturing and Marketing) Corporation Ltd, Pala. The retail outlet at Pala is situated in the second floor of the building. As the customers to the said shop park their vehicles on the roadside, it creates traffic congestion and causes extreme inconvenience to nearby residents and shop owners. It is the case of the petitioner that, these are the duties of the security guard and the third respondent directed the OA, UDC or LDC to perform as security personnel to control parking of vehicles in front of the shop and the same was not agreeable to the petitioners and they communicated the same to the third respondent. Thereafter, Ext.P6 punishment transfer order was issued by which the petitioner was transfered to Perunthalmanna. Challenging Ext.P6, the petitioner filed W.P.(C)No.38550/2022 before this Court. This Court as per Ext. P7 judgment directed to consider the representation submitted by the WP(C) NO. 2288 OF 2023 5 petitioner. Thereafter, Ext.P9 is passed rejecting the representation. The grievance of the petitioner is that, Ext.P9 order is passed without giving an opportunity of hearing to the petitioner. Hence this writ petition is filed. 3. Heard counsel appearing for the petitioner and the learned Standing counsel appearing for respondents 1 to 3. I also heard the learned Government Pleader appearing for the 4th respondent. 4. The main grievance of the petitioner is that Ext.P9 order is passed without giving an opportunity of hearing to the petitioner. This Court perused Ext.P9 order. After going through Ext.P9 order, this Court is of the opinion that, there is nothing to interfere with Ext.P9. But it is a fact that the petitioner is going to retire from service in March, 2024. If that is the case, some consideration is necessary in favour of the petitioner. In such circumstances, the 1st respondent can consider whether the petitioner can be WP(C) NO. 2288 OF 2023 6 accommodated somewhere near Pala in Kottayam district. For that purpose, the petitioner can file a representation before the 1st respondent and if such a representation is received, the 1st respondent will consider the same sympathetically. Therefore, this writ petition is disposed of in the following manner: i. The petitioner is free to submit a representation before the 1[st] respondent to accommodate him somewhere near Pala in Kottayam district within a period of one week from the date of receipt of a copy of this judgment. ii. If such a representation is received, the 1[st] respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner. iii. While passing orders, the 1[st] respondent will consider the fact that the petitioner is going to retire from service in March 2024. WP(C) NO. 2288 OF 2023 7 iv. Consequential order as directed above shall be passed, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of the representation. v. If the petitioner is not relieved from the present shop, the petitioner can continue till the representation is considered by the 1[st] respondent, as directed above. Sd/- DM **P.V.KUNHIKRISHNAN JUDGE** WP(C) NO. 2288 OF 2023 8 ## **APPENDIX OF WP(C) 2288/2023** PETITIONER EXHIBITS |EXHIBIT P1|TRUE COPY OF THE ORDER OF THE FOURTH| |---|---| ||RESPONDENT DATED 29/10/2022| |EXHIBIT P2|TRUE COPY OF THE LETTER OF THE THIRD| ||RESPONDENT DATED 10/11/2022| |EXHIBIT P3|TRUE COPY OF THE COMMUNICATION SENT| ||BY THE THIRD RESPONDENT DATED| ||18/11/2022| |EXHIBIT P4|TRUE COPY OF THE COMMUNICATION SENT| ||BY THE EMPLOYEES OF THE SHOP DATED| ||18/11/2022| |EXHIBIT P5|TRUE COPY OF THE CHARGE MEMO AND| ||STATEMENT OF ALLEGATIONS ISSUED TO| ||THE SHOP-IN-CHARGE DATED 23/11/2022| |EXHIBIT P6|TRUE COPY OF THE TRANSFER ORDER| ||ISSUED BY THE SECOND RESPONDENT| ||DATED 25/11/2022| |EXHIBIT P7|TRUE COPY OF THE JUDGMENT IN WPC NO.| ||38550/2022 DATED 15.12.2022| |EXHIBIT P8|REPRESENTATION<br>FILED<br>BY<br>THE| ||PETITIONER BEFORE THE 1ST RESPONDENT| ||ON 05.12.2022| |EXHIBIT P9|TRUE COPY OF THE SAID ORDER DATED| ||09.01.2023 DOWNLOADED FROM THE| ||WEBSITE| |EXHIBIT P10|TRUE COPY OF THE MEDICAL CERTIFICATE| ||DATED 11.01.2023| |EXHIBIT P11|TRUE COPY OF THE ORDER PASSED BY THE| ||4TH RESPONDENT DATED 07.01.2023| RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE