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Vasu Moottu Kuzhiyil (Managing Partner)     12 June 2015

Transfer application of wps from one hc to other

 There are two WPs(Interlocutory) filed by  4 Retired  permanent Employees of Railways. absorbed in IRCTC ( on Combined Services of Rys & IRCTC )and retired from  IRCTC at Visakhaapatnam (A.P) in 2008-2009 pending in the APHAC since more than last 5 years. Eventhousgh , these Cases are admitted and pending for adjudication since April 2010 and regularly were being figured in the DailyCause List,not a single Hearing took place since 2010.. To add insult to injury, even listig of these cases are discontiued since 02-06-2014, when previous judges who were allotted Service Matters in APHC, prior to April 2014 are changed/ transferred and preseent; judges presidinsg the Service Matters are posted .. Several WPMPs  reuesting speedy disposal and listing of our  cases, citing the bedridden conditions of these  Retired employees who crossed 70 years of Age each ,have been  filed by our Adv, in HC but in van.  As the present judges dealing Service Matters, do not allow listing of old pending cases but admission of new cases only, there is no scope for disposal of our cases, while we are alive if present  trend in APHC is continued..

  According to Legal openion obtained from reliable sources, the only available solution to get our cases disposed off speedly is to approach SC for transfer  these cases from APHC to another HC ( Kerala High Court because I a belonged to Kerala  State and permanently settled in Kerala after my retirement from service.). Out of 4 Petitioners, 3 belonged to AP and one Kerala..

My questions are  (i)  whether SC would allow transfer of this Joint petition from AP to Kerala due to therefusal of Judges to expedite the cases ( Even Listing) speedly ?. (ii). Whether all the documents submitted to the Lawyer who handles our cases in APHC are reuired to be  submitted in SC to get relief ( transfer). ? (iii) Whether all the 4 petitiners involved in this case  should give their consent to get a tranfer to Kerala HC or onlyone Petitiner settled in Kerala is enough.? 

 (iii) As we are all retired employees who are deprived of Payment of their due Pension and other Retirement benefits, we are financially very weak to engage a Supreme Court Lawyer travelling upto New Delhi, is there any Legal Organisation available to help us  to file Tranfer Writ Petition in SC with  expences affordable to us ?

 As all  documemts/informations pertained to these Cases are available in the Website, whether Sc would entertain the Tranfer copying the website instead of submitting documents obtained from our present Lawyer who cannot file our application in SC.?

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 2 Replies

Vasu Moottu Kuzhiyil (Managing Partner)     28 June 2015

  " Lawyers Club India" cannot help in getting theLegal Opinion. Simply wastage of tme

Amol Kende (No)     28 June 2015

I apologyze for late revert but here is 1 solution you need send 1 Public Intrest Litigation to the APHC or SC by which you can present your side better to the court then APHC and SC can make rule for such cases you need to lead for all such peoples.


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