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2021 Supreme(Ker) 967

SUNIL THOMAS
Selvakumar N. , S/o. Late Nadarajan Chettiyar – Appellant
Versus
Kerala State Financial Enterprises Limited (KSFE) – Respondent


Advocates Appeared:
For the Petitioner: Liji J. Vadakedom, Smt. Rexy Elizabeth Thomas, Sri. Rajeev Jyothish George.
For the Respondent: Sri. K. John Mathai, Sri. Joson Manavalan, Sri. Kuryan Thomas, Sri. Paulose C. Abraham, SC, Sri. M. Gopikrishnan Nambiar.

JUDGMENT :

The writ petitioner joined the service of the first respondent/Kerala State Financial Enterprises Ltd. ('KSFE' in short) on 06.11.2004 as Junior Assistant. He was promoted thereafter and at present, he is now working as Assistant Manager (Non Cadre) at Pala-II Branch. His elder son aged 17 years is a differently abled child with 75% disability and is handicapped by Autism (Attention Deficit Hyper Active Disorder (ADHD)). Since the child required constant attention of the petitioner and his wife, petitioner submitted Ext.P3 representation before the KSFE seeking favourable posting on promotion, at some station near his residence. While so, he was issued with Ext.P4 promotion order dated 29.11.2016. He submitted a representation seeking favourable posting. Consequently, by Ext.P6 transfer order, he was posted at Kothamangalam, which was 60 kms away from the residence of the petitioner. Lamenting that the said posting also caused much inconvenience to him, by Ext.P7 communication dated 26.12.2016, he requested for temporary relinquishment of his promotion for a period of one year or as and when vacancy arises in a nearby branch, whichever was earlier. This was accepted by Ex

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