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2026 Supreme(Online)(Ker) 5670

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
JOY J – Appellant
Versus
THE MANAGING DIRECTOR KERALA STATE BEVERAGES (MANUFACTURING & MARKETING) CORPORATION LIMITED – Respondent
WP(C) NO. 3456 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.P.SIVARAJ
For the Respondents: SRI.T. NAVEEN

The Court emphasized the need for employers to consider medical hardships when issuing transfer orders to employees.

Headnote:This judgment involves a petitioner who is an LDC in the Kerala State Beverages Corporation suffering from serious medical conditions, leading to a transfer order that was challenged for being harsh and arbitrary. The Court examines the validity of this transfer in light of the petitioner's health and proximity to his residence. The main issue pertains to the appropriateness of the transfer considering the medical hardships faced by the petitioner, with the Court directing a consideration of the petitioner's representation within a month. The decision emphasizes the necessity of sympathetic evaluation of health-related representations in employment matters. The final ruling mandates a review of the transfer order with a preservation of the petitioner's current position pending that review.

Table of Content
1. employment hardship due to medical condition. (Para 1 , 2 , 3 , 4)
2. legal representation and argument concerning transfer order. (Para 5 , 6)

JUDGMENT Dated this the 29th day of January, 2026 The petitioner is an LDC working under the Kerala State Beverages (Manufacturing and Marketing) Corporation Limited, Kollam. He is now aged 57 years and has got only 40 months remaining for superannuation. He is suffering from several diseases and undergoing treatment for the same.

2. As per Ext.P3 transfer order, the petitioner is transferred to Kidangannoor in Pathanamthitta District from Kollam District. The said shop at Kidangannoor is situated at a distance of more than 10 Kilometers from Pathanamthitta KSRTC / Private Bus stand. There is no bus service to that place. Hence, it will be difficult for the petitioner to travel to that place especially in a situation where the petitioner is suffering from very serious pulmonary disease.

3. A tube is fitted and the fluid from the lungs has to be sucked out periodically and he has to take proper medicine. He was also advised not to ride bicycle, etc. In such situation, it is difficult for the petitioner to travel a long distance at Kidangannoor in Pathanamthitta District from his native place at Thangassery in Kollam District for performing his duty.

4. Hence, the petitioner submitted Ext.P4 representation before the 1st respondent requesting to post him at a shop near to his house in Kollam District. Apart from Ext.P4, the State Secretary of the Trade Union submitted Ext.P5 representation before the 1st respondent. The petitioner is not served with Ext.P3 transfer order of the 1st respondent as he was on medical leave as evidenced by Ext.P2, contends the petitioner.

5. I have heard the learned counsel for the petitioner.

6. The petitioner is aggrieved by Ext.P3 transfer order. The petitioner has pointed out certain serious medical issues in Ext.P4 representation. In the circumstances, transferring the petitioner from Kollam to Pathanamthitta would be harsh and arbitrary, contends the petitioner. 7. The petitioner has made available Ext.P6 photographs. Ext.P6 photographs would indicate that the petitioner is suffering from physical issues. In the circumstances, it would be only just and proper that the 1st respondent considers Ext.P4 representation and takes appropriate decision thereon sympathetically within a period of one month.

The writ petition is accordingly disposed of directing the 1st respondent to consider Ext.P4 representation and take appropriate decision thereon within a period of one month after giving opportunity of hearing to the petitioner. Till the 1st respondent takes a decision on Ext.P4 representation, status quo regarding the continuance of the petitioner in the present station shall be maintained, unless another incumbent already assumed the post.

Sd/-

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