IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 15918 OF 2022
PETITIONER/S:
AJITHKUMAR.P.K
AGED 50 YEARS
S/O. LATE KRISHNANKUTTY, PADMALAYAM, PALAPPOOR,
VELLAYANI P.O, THIRUVANANTHAPURAM - 695522.
BY ADVS.
AYYAPPAN SANKAR
S.HRIDYA
RESPONDENT/S:
1 THE CHIEF ENGINEER (HRM)
KERALA STATE ELECTRICITY BOARD LIMITED, OFFICE OF THE
CHIEF ENGINEER (HRM), VYDHYUTHI BHAVANAM, PATTAM,
THIRUVANANTHAPURAM - 695004.
2 THE EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD LIMITED, OFFICE OF THE
EXECUTIVE ENGINEER, ELECTRICAL DIVISION,
THIRUVANANTHAPURAM - 695023.
3 THE ASSISTANT EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL SUB
DIVISION, FORT, THIRUVANANTHAPURAM - 695023.
4 THE ASSISTANT ENGINEER
KERALA STATE ELECTRICAL BOARD LIMITED, ELECTRICAL
SECTION, POONTHURA, THIRUVANANTHAPURAM - 695026.
BY ADV SRI.K.S.ANIL, SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15918 OF 2022
2
JUDGMENT
Dated this the 27th day of May, 2022 The petitioner is working as Lineman Grade-I at the Electrical Section, Poonthura under the Thiruvananathapuram Electrical Division. By Ext.P3 order, the petitioner stands transferred to the Tripayar Electrical Section under Kodungallur Electrical Division. The writ petition is filed challenging Ext.P3 order, primarily on the ground that the petitioner is suffering from 60% permanent mental disability and hence, he is entitled for protection from transfer under the extant guidelines. The petitioner has also a case that vacancies are available at near by Stations and if at all the transfer is warranted, he ought to be accommodated in one of those Stations.
2.Learned Counsel for the petitioner submits that there are two vacancies at Poonthura Section itself, one vacancy at Fort Electrical Section and another at Puthenchantha WP(C) NO. 15918 OF 2022 3 Electrical Section, in Thiruvananthapuram District itself.
3.Learned Standing counsel for the respondent submits that going by the priority under the transfer guide lines, employees with personal illness are to be given choice postings first and only thereafter the claim for choice priority of employees on the ground of the disability of spouse will be taken into account. As such, the disability of the petitioner's wife by itself cannot be a ground for canceling his transfer. Even though, I find no valid reason to quash the order of transfer, the petitioner having pointed out open vacancies at near by Stations, it is only appropriate to consider his representation, (Ext.P8) taking into account the disability of the his wife, and pass a reasoned order thereon. The order as directed shall be passed within an outer limit of two weeks of receipt of a copy of this judgment. Till such order is passed, the petitioner shall be allowed to continue in his present station. If the representation is pending before the 2 nd WP(C) NO. 15918 OF 2022 4 respondent, the said authority shall forward the representation to the 1st respondent expeditiously. It is made clear that the above directions are issued considering the special facts and circumstances of the case at hand.
The writ petition is disposed of accordingly.
Sd/-
V.G ARUN JUDGE SJ WP(C) NO. 15918 OF 2022 5 APPENDIX OF WP(C) 15918/2022 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF CERTIFICATE DATED 6.3.2018 ISSUED BY THE STANDING DISABILITY ASSESSMENT BOARD OF GOVERNMENT GENERAL HOSPITAL, THIRUVANANTHAPURAM.
Exhibit P2 TRUE PHOTOCOPY OF REPRESENTATION DATED 11.3.2022 SUBMITTED BEFORE THE 1ST RESPONDENT.
Exhibit P3 TRUE PHOTOCOPY OF ORDER NO.
EB.4(B)/OVR(ELE)/PRO. 90/2022 DATED 24.03.2033 ISSUED BY THE 1ST RESPONDENT. Exhibit P4 TRUE PHOTOCOPY OF REPRESENTATION DATED 26.03.2022 SUBMITTED BEFORE THE 1ST RESPONDENT.
Exhibit P5 TRUE PHOTOCOPY OF REPRESENTATION DATED 06.05.2022 SUBMITTED BY THE 2ND RESPONDENT. Exhibit P6 TRUE PHOTOCOPY OF REPRESENTATION DATED 07.05.2022 SUBMITTED BY THE 1ST RESPONDENT. Exhibit P7 TRUE PHOTOCOPY OF MEMO DATED 07.05.2022 ISSUED BY 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 23-05-
2022, SUBMITTED BEFORE THE 2ND RESPONDENT.