Sabu Thomas v. Kerala State Centre For Advanced Printing & Training (C-Apt)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 28TH DAY OF SEPTEMBER 2015/6TH ASWINA, 1937 WP(C).No. 26187 of 2015 (W) ---------------------------- PETITIONER(S):

-------------------------- SABU THOMAS HELPER KERALA STATE CENTRE FOR ADVANCED PRINTING & TRAINING [C-APT] SUB CENTRE, KOTTAYAM, PALA RESIDING AT 'MOOSARIYETTU', KADAPOOR, VATTUKULAM.P.O. KOTTAYAM DISTRICT.

BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENT(S):

----------------------------

1. KERALA STATE CENTRE FOR ADVANCED PRINTING & TRAINING (C-APT) HEAD OFFICE COMPLEX, VATTIYOORKAVU THIRUVANANTHAPURAM-695 013. REP. BY ITS MANAGING DIRECTOR.

2. THE MANAGING DIRECTOR KERALA STATE CENTRE FOR ADVANCED PRINTING & TRAINING (C-APT) HEAD OFFICE COMPLEX, VATTIYOORKAVU THIRUVANANTHAPURAM-695 013.

3. OFFICER-IN-CHARGE KERALA STATE CENTRE FOR ADVANCED PRINTING & TRAINING (C-APT) SUB CENTRE, NELLIYANI, VELLICHIRA PALA, KOTTAYAM.686 104.

R2 BY ADV. SMT.K.K.RAZIYA , SC, CENTERC FOR ADVANCED PRINTING & TRA R BY SMT.K.K.RAZIYA , SC, CENTERC FOR ADVANCED PRINTING THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 26187 of 2015 (W) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT. P1A TRUE COPY OF THE ORDER NO.KSAVRC/2221/2000/12/3085 DT. 05.03.2001 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXT. P2A TRUE COPY OF THE ORDER NO.KSAVRC/2221/2000/12/3085 DT. 13.03.2001 OF THE 2ND RESPONDENT TO THE PETITIONER. EXT. P3A TRUE COPY OF THE JUDGEMENT DT. 18.03.2015 IN W.P[C]NO.30766/2014-U ON THE FILE OF THIS HON'BLE COURT. EXT. P4A TRUE COPY OF THE ORDER NO.C-APT.1000/13/EST DT. 13.08.2015 ISSUED BY THE 2ND RESPONDENT.

EXT. P5A TRUE COPY OF THE NEWS REPORT PUBLISHED IN DESABHIMANI DAILY DT. 8.8.2015.

EXT. P6A TRUE COPY OF THE NEWS REPORT PUBLISHED IN MANGALAM DAILY DT. 11.08.2015.

RESPONDENT(S)' EXHIBITS:

EXT.R1(A) COPY OF THE REQUEST DATED 24.07.15.

EXT,R1(B) COPY OF THE ACKNOWLEDGMENT OF THE PETITIONER DATED 20.08.15 EXT.R1(C) COPY OF THE APPOINTMENT ORDER 05.03.01.

// TRUE COPY // P.A TO JUDGE.

SB

K. VINOD CHANDRAN, J.

===================== ====================== Dated this the 28th day of September, 2015

J U D G M E N T

The petitioner is before this Court objecting to the transfer of the petitioner from Kottayam to Kozhikode on the ground that the same was issued with a malafide intention to wreak vengeance on the petitioner, who had been the first petitioner in a writ petition filed against the respondent and a subsequent contempt case.

2. The respondent has filed a counter affidavit, in which it is clearly stated that it was only due to administrative exigencies that the transfer was effected, and relies on Ext.R1(a), of the Kerala State Centre for Advanced Printing and Training Sub Centre, Kozhikode.

3. It is stated in Ext.R1(a) that one Suresh B.K is unable to carry on the printing work due to allergy and hence a new helper having knowledge of printing be posted. It is also stated in Ext. R1(a) that the Kozhihkode centre does not have enough financial capacity to pay one more staff and hence has requested that Suresh B.K, helper may be transferred from that centre.

4. However no such transfer has been effected and the learned Standing Counsel appearing for the respondent would state that the said Suresh B.K is now working as an Office Attendant. A reply affidavit has also been filed specifically pointing out that helpers who were given training in printing at Sivakasi has now joined the respondent.

5. In such circumstance, it is only proper that the petitioner, who had not been given any training in printing be posted back to Kottayam and the 2nd respondent shall if

necessary depute a person with knowledge of printing to Kozhikode. The transfer order at Ext.P2 is set aside and the respondent is directed to post the petitioner back to Kottayam, within a period of two weeks from the date of receipt of a certified copy of this judgment. The writ petition would stand allowed.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.