JAYA K.P v. THE BOARD OF DIRECTORS

norms. Going by the norms, a person holding the post of Assistant Manager and above should be transferred strictly, adhering to the orders transferred every three years. Earlier, the petitioner was included in the transfer list on 30.05.2023, and she was transferred to Aruvappulam Branch. The petitioner filed a representation against the transfer, which was favorably considered. The petitioner was transferred to Alappuzha region with a direction to give posting convenient to the petitioner. Ext.R1(b) is the relieving order dated

19.07.2023 by which the petitioner was relieved from the duties of the Kareepara Branch on the A.N of 19th July WP (C) NO. 33785 OF 2023 7

6. In the reply affidavit, the petitioner has produced Ext.Nos.P26 and P27 representations filed before the 2nd and 3rd respondents, in which she highlights the medical treatment and the surgery she had to undergo and prays for a posting in the parent branch or in the branches in which she has given options.

7. The learned counsel for the petitioner further submits that vacancies are available in the 3rd respondent’s office and she can be accommodated without disturbing any of the persons.

8. The learned standing counsel for the 3rd respondent submits that, since the transfer order has been effected and the 4th respondent had already taken charge and is continuing in the office, the petitioner cannot be accommodated in the present branch where WP (C) NO. 33785 OF 2023 8 she was working for the last 11/2 years. It is also submitted that the respondents can consider the representations Ext.Nos.P26 and P27.

9. The medical certificates produced, show that she was having gynecological problems and had to undergo surgery. After the surgery, she suffered from lower back pain and was not able to travel a distance of more than 70 Km from the present station to which she has been transferred. Considering the facts and circumstances of the case, and also Ext.Nos.P5 to P8, there will be a direction to the 2nd respondent to take up Ext.P9 representation and considering the medical certificates produced as Ext.Nos.P5 to P8, pass appropriate orders on the representation. The petitioner is free to produce a copy of the writ WP (C) NO. 33785 OF 2023 9 petition along with the judgment of this Court for due compliance. The representation shall be considered within a period of one month, and the petitioner shall also be heard before the orders are passed. Sd/- BASANT BALAJI JUDGE SRJ WP (C) NO. 33785 OF 2023 10 APPENDIX OF WP(C) 33785/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P 3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P 7 Exhibit P 8 A TRUE COPY OF THE TRANSFER ORDER DATED 21.06.2023 A TRUE COPY OF THE MEMORANDUM NO.SDP &G/061/97-98/16039, DATED 08.02.2002 ISSUED BY THE 3RD RESPONDENT A TRUE COPY OF THE REPRESENTATION DATED 24.06.2023 SUBMITTED BEFORE THE HON'BLE MINISTER FOR CO-OPERATION, CULTURE AND REGISTRATION A TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE HON'BLE FINANCE MINISTER OF THE STATE DATED 09.07.2023. A TRUE COPY OF THE ULTRA SOUND SCANNING REPORT DATED 05.06.2023. A TRUE COPY OF THE DISCHARGE SUMMARY DATED 01.08.2023. A TRUE COPY OF FOLLOW UP ADVICE FOR REVIEW DATED 01.08.2023 ISSUED BY THE CONCERNED DOCTOR. A TRUE COPY OF THE MEDICAL CERTIFICATE OF THE ISSUED G.O.(P)NO.430/3/FIN., DATED 20.11.1973 HAVING SERIAL NO.5307, DATED 01.08.2028 ISSUED BY THE COMPETENT DOCTOR. BASIS ON Exhibit P 9 A TRUE COPY OF THE REPRESENTATION DATED 01.06.2023 SUBMITTED BEFORE THE 2ND RESPONDENT. Exhibit P10 A TRUE COPY OF THE APPLICATION DATE 23.06.2023. WP (C) NO. 33785 OF 2023 11 Exhibit P 11 A TRUE COPY OF THE APPLICATION DATED 01.08.2023. Exhibit P 12 Exhibit P13 A TRUE COPY OF THE ABOVE MENTIONED REPRESENTATION DATED 20.09.2023 SUBMITTED BEFORE THE 2ND RESPONDENT. A TRUE COPY OF DE INTERIM ORDER DATED 13.10.2023 PASSED BY THIS HONB'LE COURT IN THE ABOVE WRIT PETITION. Exhibit P14(a) TRUE COPY OF THE LEAVE APPLICATIONS DATED 03.08.2023. Exhibit P14(b) TRUE COPY OF THE LEAVE APPLICATIONS DATED 03.08.2023. Exhibit P15 Exhibit P16 Exhibit P17 Exhibit P18 Exhibit P19 Exhibit P20 TRUE COPY OF THE PETITION DATED 20.10.2023 SUBMITTED BEFORE THE 2ND RESPONDENT. A TRUE COPY OF THE APPLICATION DATED 21.07.2023 BEFORE HE REGIONAL MANAGER, ALLEPPEY. A TRUE COPY OF THIS APPLICATION DATED 24.07.2023 BEFORE THE REGIONAL MANAGER, ALLEPPEY. A TRUE COPY OF THE PETITION DATED 21.10.2023 BEFORE THE PRESENT MANAGER, KAREEPRA BRANCH. A TRUE COPY OF THE PROMOTION LIST DATED 20.04.2022. TRUE COPY OF DOCUMENT SHOWING DETAILS OF SECURITISATION AND REGISTRATION OF GAHAN DONE ON VARIOUS DATES (11 PAGES). WP (C) NO. 33785 OF 2023 12 Exhibit P21 Exhibit P22 Exhibit P23 Exhibit P24 TRUE COPY OF THE OUT PATIENT CASE SHEET HAVING OP. NO. 932/2023 DT. 24/10/2023. TRUE COPY OF THE MEDICAL CERTIFICATE DATED 25/10/2023. TRUE COPY OF THE REPORT DATED 26.10.2023 DULY SIGNED BY THE CONSULTANT RADIOLOGIST. TRUE COPY OF THE REPORT DATED 26.10.2023 DULY SIGNED BY THE CONSULTANT RADIOLOGIST. Exhibit P25 TRUE COPY OF THE SUBMISSION DATED 09.11.2023. RESPONDENT EXHIBITS EXHIBIT R1(a) The true copy of the transfer policy approved by the Government dated 12/12/2022. EXHIBIT R1(b) The true copy of the relieving order dated 19/7/2023. PETITIONER EXHIBITS Exhibit P26 A true copy of the representation dated 20.12.2023 submitted before the 2nd respondent. Exhibit P27 A true copy of the representation dated 24.12.2023 along with leave application and medical certificate.