IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
WP(C).No.292 OF 2021(J)
PETITIONER:
BABU O.V.
AGED 47 YEARS
S/O. VELAYUDHAN, WORKING AS MAZDOOR /WORKMAN,
MEENANGADI ELECTRICAL SECTION, MEENANGADI, HAVING
PERMANENT RESIDENCE AT ONDENKETTIL HOUSE, PULPALLY
P.O., VAYANAD DISTRICT,PIN-673 579
BY ADV. SMT.O.H.NAZEEBA
RESPONDENTS:
1 THE KERALA STATE ELECTRICITY BOARD LTD.
REPRESENTED BY ITS CHAIRMN, PATTOM,
THIRUVANANTHAPURAM-695 004
2 THE KERALA STATE ELECTRICITY BOARD LTD.,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, PATTOM,
THIRUVANANTHAPURAM-695 004
3 THE CHIEF ENGINEER, (HRM),
OFFICE OF THE CHIEF ENGINEER (HUMAN RESOURCE
MANAGEMENT) VIDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM, PIN-695 004
4 THE GRIEVANCE REDRESSAL COMMITTEE,
REP BY ITS CHIEF EXECUTIVE OFFICER, KERALA STATE
ELECTRICITY BOARD, LTD PATTOM,
THIRUVANANTHAPURAM,PIN-695 004
5 THE DIRECTOR DISTRIBUTION AND IT ,
KERALA STATE ELECTRICITY BOARD, LTD PATTOM,
THIRUVANANTHAPURAM,PIN-695 004
6 BEENY A.D.
ELECTRICITY WORKER/ MAZDOOR, ELECTRICAL SECTION,
PULPALLY VAYANAAD P.O., PIN-673 579
7 RAJESH.K.T.,
ELECTRICITY WORKER/ MAZDOOR, ELECTRICAL SECTION,
PULPALLY VAYANAAD P.O., PIN-673 579
WP(C).No.292 OF 2021(J)
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SC, KSEB- SMT. PRIYA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.292 OF 2021(J)
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JUDGMENT
Dated this the 6th day of January 2021 This writ petition is filed seeking the following reliefs:
"i) Issue a writ of certiorari calling for the records leading to Exhibit P2 and P3, the transfer of the petitioner from Electrical Section Meenangadi to Electrical Section Thavinjaal and quash the same.
ii) issue a writ of mandamus or any other order or direction directing the respondents to consider the application for request transfer to his domicile at Pulpally or at least any requested places in Exhibit P1.
iii) issue a writ of mandamus or any other order or direction directing the respondents to considerExt.P4 pending before the 5th respondent."
2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent-Board.
3. It is submitted by the learned counsel for the petitioner that the petitioner who is working as a Mazdoor in the K.S.E.B had sought a transfer from Meenangadi Electrical Section to Pulpally which is closest to the place of his domicile. It is submitted that though the request had been submitted, the WP(C).No.292 OF 2021(J) 4 petitioner has now been transferred to Thavinjaal which is 45 kms away from the place of his domicile. It is submitted that the petitioner had preferred Ext.P4 representation before the 5 th respondent which is liable to be considered in accordance with law.
4. The learned Standing Counsel for the respondent-Board submits that it is for the 3rd respondent to take an appropriate decision on the request of the petitioner. The learned Standing Counsel submits that the grievance raised by the petitioner will be considered in accordance with the norms by the 3 rd respondent.
In the above view of the matter, this writ petition is disposed of with the following directions:
(i) The petitioner shall serve a copy of Ext.P4 representation submitted before the 5th respondent to the 3rd respondent as well.
(ii) The 3rd respondent shall take up the representation and pass orders thereon within a period of three weeks from the date of receipt of a copy of this judgment.
(iii) The contentions raised by the petitioner in the representation as well as the provisions of the guideline shall be WP(C).No.292 OF 2021(J) 5 looked into by the 3rd respondent while passing orders as directed above.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE SVP WP(C).No.292 OF 2021(J) 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 4TH RESPONDENT DATED 04.06.2020 EXHIBIT P2 TRUE COPY OF THE REJECTION ORDER ISSUED BY THE 4TH RESPONDENT DATED 24.12.20 EXHIBIT P3 TRUE COPY OF THE EXTRACTS OF PROPOSED TRANSFER ORDER DATED 30.09.2020 EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DIRECTOR, DISTRIBUTION, AND IT, THE 5TH RESPONDENT DATED 30.12.20 EXHIBIT P5 TRUE COPY OF THE PAY SLIP OF OCTOBER 2020 OF THE PETITIONER