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Finally an ailing Balakrishnan gets relief from Court

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Kochi: The Kerala Administrative Tribunal (KAT) in a welcome judgment on Tuesday gave a big relief to Balakrishnan, an ailing farm labourer who has been consistently pleading the authorities to post him back in his original work place from where he was transferred abruptly for no valid reasons. Balakrishnan, a permanent employee of a soil testing lab in Malappuram district, was transferred to Anakayam seed plantation without any provocation or reasons and the court criticised the hasty transfer of the ailing worker to a distant location. The court was convinced that the aligning labourer was deliberately put to hard labor at the work place, Anakayam Farm and above all he had to travel 55 kilometers every day, which was affecting his health.

In fact, Balakrishanan had some injury on his ribs, thanks to an accident while on duty at a government owned agriculture farm sometime back.

On request he was given a transfer to from Muderi farm to the soil testing facility which was near to his house. As per a 1991 government order such transfer is allowed to the labourer once in the service period and the court observed that Balakrishnan was transferred from Muderi to the soil testing lab as per this order. So a second transfer to the same employee is violation of the said government order and hence void.  

However, opposing the labourer’s plea for posting him back to his original work place the government pleader argued that the transfer was affected to maintain decorum in the lab which had witnessed physical confrontation between workers.

But the court was convinced that Balakrishnan was transferred under political pressure. The court was also convinced of the clean track record of the complainant.

  KAT Chairman C K Abdul Rahim in his order directed the government to post the complainant back in the soil testing lab within in two months. Advocate Salini T S appeared for the complainant.  

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