MANAGING DIRECTOR, KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION LTD. & ORS. Vs. P.S. MANOHARAN

JUDGEMENT

(1.) The former appeal is directed against the judgment dated 06.03.2018, in W.P.(C) No.7621/2018 and the latter appeal is directed against the judgment dated 02.03.2018 in W.P.(C) No.7048/2018, passed by a learned Single Judge. The subject matter involved in these appeals pertains to transfer of employees in Kerala State Beverages (M&M) Corporation. The respective respondents in the appeals/the petitioners in the respective writ petitions are working under the appellant Corporation in different categories. It is on being aggrieved by the order of transfer bearing No.001166/GTR/AE17/2018/KSBC dated 02.02.2018 issued by the second respondent therein/the second appellant herein that they filed the aforesaid writ petitions. Evidently, as per the same, the respondents who were working in different categories were transferred to different stations. The learned Single Judge virtually took note of the fact that under similar circumstances, certain other transferees under the very same transfer order challenged the very same transfer order viz., order No.001166/GTR/AE17/2018/KSBC issued by the first respondent and those writ petitions were disposed of by a direction to the second appellant to consider the representations submitted by the petitioners therein in such a manner to reduce their inconveniences to the minimum. Evidently, the writ petitions were disposed on the same lines.

(2.) We have heard the learned counsel appearing for the appellants and also the learned counsel appearing for the respondents. There can be no doubt with respect to the position that whenever and wherever transfers are effected unless they are mutual transfers or orders issued on request, they may cause some inconvenience to the transferees. The learned counsel for the appellant submitted that in such circumstances, the rider in the impugned judgments to the effect that while effecting transfers it should be seen that no serious inconvenience is caused to the employees virtually put the appellants in a precarious position practically making it very difficult to exercise the power of transfer and to pass appropriate orders taking into account the administrative exigencies. The learned counsel appearing for the respondent in W.A. No.781/2018 submitted that in the impugned judgment passed in W.P.(C) No.7621/2018 the words 'serious inconvenience' is not employed by the learned Single Judge. It is submitted that as per the judgment while effecting transfer, if necessary, it should be seen that no inconvenience is caused to the respondents/the writ petitioners. If that be so, definitely, the appellants would be having more grievance against the said judgment as any order of transfer may create some inconvenience at least to some of the transferees. In fact, on going through the impugned judgment passed in W.P.(C) No.7621/2018 and the judgment in W.P.(C) No.7048/2018 we do not see any substantial difference, in nature.

(3.) Distribution of man power is essentially a matter which would fall exclusively within the realm of power of the employer. It is essentially for the employer to decide in what manner it should be distributed, especially, taking into account the administrative exigencies and various other relevant aspects. In other words, it cannot be said that the appellants are not entitled to effect transfers in exigency of service. At the same time, we are of the considered view that the caution sounded by the learned Single Judge to the effect that while effecting orders of transfer, it should be seen that no serious inconveniences are caused to the employee should be understood to mean that if transfers are required, it should be effected in such a manner to minimise the inconvenience to the transferees as far as possible. As noticed earlier, transfer if effected not on request, in all probability cause inconveniences. Even in the absence of any such direction the Corporation is bound to bestow such consideration while effecting transfer of its employees. These writ appeals are disposed of, subject to the above clarification.