IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO.22163 OF 2022
PETITIONER :-
DEVANAND A, AGED 49 YEARS
S/O.ANANDAN, EMPLOYEE CODE-1048339,
SENIOR SUPERINTENDENT, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD LIMITED,
AVANAVANCHERY, ATTINGAL DIVISION,
THIRUVANANTHAPURAM-695 103, RESIDING AT DARSANAM,
MAYYANAD P.O., KOLLAM-691 303.
BY ADVS.
B.MOHANLAL
P.S.PREETHA
ASWIN V. NAIR
KARTHIK J SEKHAR
ABIJITH M.
RESPONDENTS :-
1 THE KERALA STATE ELECTRICITY BOARD LIMITED,
REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM,
PATTOM P.O., THIRUVANTHAPURAM - 695 004.
2 THE CHIEF ENGINEER (HUMAN RESOURCES DEPARTMENT),
KERALA STATE ELECTRICITY BOARD LIMITED,
VYDYUTHI BHAVANAM, PATTOM P.O.,
THIRUVANTHAPURAM - 695 004.
3 THE EXECUTIVE ENGINEER,
ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD
LIMITED, ELECTRICAL DIVISION ATTINGAL,
THIRUVANANTHAPURAM - 695 101.
4 THE ASSISTANT ENGINEER,
ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD
LIMITED, AVANAVANCHERY, ATTINGAL DIVISION,
THIRUVANANTHAPURAM - 695 103.
BY SRI.K.S.ANIL, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.22163 OF 2022
-: 2 :-
JUDGMENT
Dated this the 7th day of July, 2022 This writ petition is filed seeking the following reliefs :-
"(i) To call for the records leading to Ext.P2 from the respondents and issue a writ of certiorari or other appropriate writ, order or direction quashing Ext.P2.
(ii) To issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to calculate the index marks of the petitioner as per Ext.P1 within a stipulated time as directed by this Hon'ble Court and to issue transfer order to the petitioner to his home district at Kollam as per the calculations in the index marks.
(iii) To issue a writ of mandamus or other appropriate writ, order or direction commanding the 2 nd respondent to consider and dispose of Ext.P3 within a stipulated time as directed by this Hon'ble Court and calculate the index marks of the petitioner as per Ext.P1 and to issue transfer order to the petitioner to his home district at Kollam as per the calculations in the index marks.
(iv) To declare that the petitioner is entitled to get transfer to his home district at Kollam taking into consideration of the index marks calculated by the respondents as per Ext.P1."
2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent Board.
WP(C) NO.22163 OF 2022 -: 3 :-
3. It is submitted by the learned counsel for the petitioner that the petitioner is working as Senior Superintendent in the Electrical Section, Avanavanchery, Attingal under the Kerala State Electricity Board Limited (KSEB). It is submitted that options have been invited for online transfer and the petitioner had submitted options which were declined by Ext.P2. It is submitted that against the rejection of the option submitted by the petitioner, the petitioner has preferred Ext.P3 complaint, relying on the transfer norms as are evident by Ext.P1. It is stated that the same is forwarded to the 2nd respondent by Ext.P4.
4. The learned Standing Counsel appearing for the respondents submits that Ext.P2 is only a preliminary rejection of the options as submitted by the petitioner and that all objections will be considered before the final transfer list is published. It is submitted that Ext.P3 and all other complaints with regard to the options will be considered by the 2 nd respondent before the transfer list is published.
In the above view of the matter, there will be a direction to the 2nd respondent to take up Ext.P3 WP(C) NO.22163 OF 2022 -: 4 :- representation submitted by the petitioner and to consider and pass orders on the same without further delay, at any rate, before the general transfers are effected.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE Jvt/8.7.2022 WP(C) NO.22163 OF 2022 -: 5 :- APPENDIX OF WP(C) 22163/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ORDER BO(FTD) NO:
386/2022[PSI(A)/OLGT-2022/GUIDELINES FOR OFFICERS] DATED 07/05/2022 ISSUED BY THE 1ST RESPONDENT.
Exhibit P2 THE TRUE COPY OF THE REPLY OBTAINED BY THE PETITIONER THROUGH E-MAIL FROM HRIS PORTAL OF THE K.S.E.B.
Exhibit P3 THE TRUE COPY OF THE REPRESENTATION DATED 06/06/2022 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT, THROUGH PROPER CHANNEL. Exhibit P4 THE TRUE COPY OF THE FORWARDING NOTE NO:BBI/AVRY/APPLICATION/2022-23/8 DATED 06/06/2022 FORWARDED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.