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1988 DIGILAW 214 (KER)

YUNUSKUNJU v. DIRECTOR

1988-05-13

SHAMSUDDIN, V.SIVARAMAN NAIR

body1988
Judgment :- 1. This appeal arises from the judgment in O.P. No. 3626 of 1988. The Original Petition was dismissed in limine. 2. The appellant claims that he is the President of the Kerala Tourist Department Employee's Association with its Headquarters at Trivandrum. He further claims that it was in that capacity that he was posted as Manager of the Guest House, Ponmudi in Trivandrum District. By Ext. P4 order, the original of which has been produced as Ext. A1 along with C.M. P. No. 11072 of 1988, he was transferred to Kottayam in view of the suspension of the Manager of the Guest House at Kottayam. 3. Shri Sugunapalan, counsel appearing for the appellant submits, that the transfer is wrong and illegal mainly for two reasons viz., that ordinarily an incumbent is entitled to continue in a station for at least a period of three years, and that as State President of a recognised Departmental Employee's Association, he is entitled to be posted in the Headquarters of the Association or at least in the. District in which the Headquarters is situate. G. P. takes notice. 4. It is evident from Ext. P4 order, that the appellant was transferred in the exigencies of service, which arose on account of the suspension of the incumbent at Kottayam. Whether there should have been other alternative methods of filling up of the vacancy is not a matter for consideration by this court. It is naturally for the Government to consider that aspect. The Appellant had not asserted his claim for retention in Ponmudi by reason of the various Government Orders issued either by the Director or the Government. It is. therefore, only appropriate that he apprises the Government of his claim. for retention at Ponmudi or Trivandrum District in representations before the Government. He will, therefore, file representations urging all his claims for retention in Ponmudi within a period not exceeding three days from today. The Government shall consider such representations within ten days from the date of receipt of the same and pass appropriate orders with reference to the relevant Government Orders. Since Ext. P4 order was passed to fill up a vacancy created by the suspension of the incumbent at Kottayam, it is essential that the appellant takes charge as Manager, Guest House, Kottayam forthwith. 5. Counsel for the appellant submitted that his application for leave has not been considered favourably. Since Ext. P4 order was passed to fill up a vacancy created by the suspension of the incumbent at Kottayam, it is essential that the appellant takes charge as Manager, Guest House, Kottayam forthwith. 5. Counsel for the appellant submitted that his application for leave has not been considered favourably. It is for the appellant to approach the Government for appropriate orders for regularisation of his absence during the pendency of the proceedings before this Court. The Writ Appeal is disposed of as above. Issue photo copies of this judgment to counsel for the petitioner/ appellant and the Government Pleader on usual terms forthwith.