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2026 Supreme(Online)(Ker) 10032

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
LATHIKA B – Appellant
Versus
KERALA STATE ROAD TRANSPORT CORPORATION – Respondent
WP(C) NO. 4221 OF 2026



Advocates:
For the Appellants/Petitioners: ADV SHRI.N.SASIDHARAN UNNITHAN
For the Respondents: ADV.SRI. DEEPU S THANKAN

The absence of notice and justification in a transfer order violates legal guidelines and family welfare considerations.

Headnote:The petitioner challenged her transfer from Pathanapuram to Thrissur, claiming it violated the established transfer guidelines, particularly referring to Ext.P1 Memorandum. The court noted her family circumstances necessitated her presence in her home district and directed the first respondent to consider the petitioner's representation sympathetically and decide accordingly. Key issues include the absence of notice prior to transfer and lack of justification for the decision. The final order mandates a timely reconsideration of the transfer request as per legal provisions.

Table of Content
1. petitioner’s family situation necessitates proximity due to medical issues. (Para 1 , 2 , 3)
2. transfer made without proper justification violates guidelines. (Para 4 , 5)

J U D G M E N T

Dated this the 6th day of February, 2026 The petitioner is now working as an Assistant at the Thrissur Depot of the KSRTC on transfer from Pathanapuram Depot in Kollam District. She is a native of Kollam District and her Home Unit is Kottarakara. She is aggrieved by her transfer to a far away station at Thrissur, made in gross violation of the transfer guidelines in Ext.P1 Memorandum.

2. The petitioner is a widow residing at Pathanapuram in Kollam District, with her father, aged more than 76 years. Her father is suffering from paralysis and also has lung cancer. He is undergoing treatment at the Medical College Hospital, Kottayam, as evident from Exts.P3 and P4 treatment records.

3. As the mother of the petitioner is also aged and the husband of the petitioner being no more, there is no other member in her family to look after the affairs of her father. In such a situation, the petitioner's presence in her Home District has become absolutely necessary. The petitioner, therefore, sent Ext.P5 representation requesting for a transfer from the present Unit, Thrissur, to any of the Units near her Home Station. The 4th respondent duly recommended and forwarded Ext.P5 representation to the 3rd respondent for necessary action, by Ext.P6 letter. Now, Ext.P5 representation for transfer is pending with the 1st respondent.

4. There is no disciplinary case or any report against the petitioner warranting her transfer from Pathanapuram Depot to Thrissur. The transfer was also not on administrative grounds. No notice was also issued to the petitioner before her transfer. The petitioner also did not request for transfer from Pathanapuram Unit, where she had been working only for a period of one year.

5. If the transfer was made for adjustment of the sanctioned strength of Pathanapuram Depot, there are many seniors and juniors to the petitioner, who are to be transferred out, as per the guidelines on transfer. No grounds or reason is stated in Ext.P1 order of transfer. The petitioner was arbitrarily transferred to Thrissur Unit from Pathanapuram Depot, in gross violation of Ext.P2 guidelines of transfer, contends the petitioner.

6. The petitioner earlier filed WP(C) No.2387/2026 seeking the very same relief. But, upon the submission of the counsel for the petitioner regarding the material error occurred in the writ petition, this Court dismissed the writ petition grating liberty to file a fresh writ petition, by Ext.P7 judgment.

7. The petitioner seeks for a direction to the

1st respondent to consider and take appropriate decision on Ext.P5 representation of the petitioner for transfer, with notice to her.

8. I have heard the learned Counsel for the petitioner and the learned Standing Counsel representing the respondents.

9. The petitioner stands transferred as per Ext.P1 from Pathanapuram to Thrissur. The grievance of the petitioner is that the petitioner was not given any notice. No reason or administrative exigencies are stated in Ext.P1 order. It is submitted that the petitioner's father is 76 year old and is undergoing treatment for Paralysis and Cancer and the petitioner's retention at Pathanapuram or nearby area is highly necessary on medical grounds.

10. Be that as it may, pointing out the grievances, the petitioner has preferred Ext.P5 representation before the Chairman and Managing Director, KSRTC. In the facts of the case, I am of the view that the 1st respondent should consider Ext.P5 sympathetically and take appropriate decision in accordance with law.

The writ petition is disposed of directing the 1st respondent to consider Ext.P5 representation submitted by the petitioner and pass appropriate orders thereon in accordance with law within a period of six weeks.

Sd/-

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