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Dileep Chandran. C vs Kerala Headload Workers Welfare Fund Board

High Court Of Kerala · Decided on 14 June 2024 · Citation: (2024) 06 KL CK 0103

HON’BLE JUDGES
Basant Balaji, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 21537 Of 2024
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Judgment

8 paragraphs · 344 words

Basant Balaji, J

1.

The petitioner has approached this court challenging the transfer order (Ext.P5), by which he has been transferred from Kozhikode District Committee to Wayanad District Committee.

2.

The allegation raised is that the petitioner has been transferred as per Ext.P1, from Kollam District Committee to Thrissur District Committee on 13.09.2023, and thereafter on 16.11.2023, he has further transferred from Thrissur to Kozhikode and present transfer is passed within a period of 7 months from the last transfer. He further submits that he has been diagnosed with vasculitis by the KIMS Hospital, Thiruvananthapuram (Ext.P3), and is undergoing treatment. Therefore, through Ext.P4, he requested the Chief Executive to give him a posting in the Alappuzha District Committee as there is a vacancy. But, without considering the said request dated 27.05.2024 Ext.P5 order was passed on 12.06.2024 transferring him from Kozhikode to Wayanad.

3.

Sri.S.P.Aravindakshan Pillai, learned standing counsel appearing for the respondents on instructions submits that, a perusal of Ext.P2 would show that the transfer is effected on the basis of the report of the Chairman of the Calicut District Committee dated 07.05.2024, in which it is pointed out that since the petitioner is taking intermittent leave, the office is not functioning smoothly and more than 4 crores rupees have to be disbursed as salary and pension to the beneficiaries. This necessitated the transfer.

4.

Heard counsel on either side.

5.

As per Ext.P5, one Jayaprakash .J, who is working in Wayanad District Committee is transferred to the place where the petitioner is now occupying and he has been transferred to Wayanad.

The counsel for the petitioner submits that when Ext.P4 was pending, Ext.P5 ought not to have been passed. Therefore, I deem it appropriate to direct the 2nd respondent to take up Ext.P4 request of the petitioner dated 27.05.2024 and pass appropriate orders within a period of two weeks from today and communicate the same to the petitioner. Till such time, the petitioner shall be allowed to continue in the Calicut District Committee.

The writ petition is disposed of as indicated above.