High Court Kerala High Court

P.R.Soman vs The Managing Director on 25 May, 2009

Kerala High Court
P.R.Soman vs The Managing Director on 25 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 11731 of 2009(J)


1. P.R.SOMAN,AGED 53 YEARS,
                      ...  Petitioner

                        Vs



1. THE MANAGING DIRECTOR,
                       ...       Respondent

2. THE DISTRICT TRANSPORT OFFICER,

3. ASSISTANT TRANSPORT OFFICER,

4. ASSISTANT TRANSPORT OFFICER,

                For Petitioner  :SRI.R.SANTHOSH BABU

                For Respondent  :SRI.K.PRABHAKARAN, SC, K.S.R.T.C.

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :25/05/2009

 O R D E R
                THOTTATHIL B RADHAKRISHNAN, J
                   ...........................................
                 WP(C).NO. 11731                  OF 2009
                  ............................................
           DATED THIS THE            25TH DAY OF MAY, 2009

                                JUDGMENT

Standing counsel takes notice.

2. The petitioner, a Store Assistant in the service of the first

respondent was shifted from the depot in Chengannur to the

depot in Mavelikkara. He says that the reasons attributable to

his ill health as disclosed by the materials on record require his

continuance in Chengannur, rather than being shifted to

Mavelikkara. He pleads that there is no exigency for the transfer

though the order of deployment states that it is in exigency of

service. This is not a matter in which the writ court is to interfere

and the petitioner could get appropriate relief, if entitled to, in

the event of the first respondent, Managing Director considering

and disposing of Ext.P3 in accordance with law. It is clarified that

there is no inhibition by this judgment for the petitioner to

officiate in Mavelikkara, the depot to which he has been shifted.

That will however be subject to final decision that the first

respondent Managing Director would render on Ext.P3.

WP(C) 11731/2009 2

In the result, this writ petition is ordered directing that the

first respondent will take up Ext.P3 and issue a decision thereon

within a period of one month from the date of receipt of a copy of

this judgment.

THOTTATHIL B RADHAKRISHNAN,
JUDGE

lgk/25/5