Jibin C.S. vs Kerala State Electricity Board ...
2021 Latest Caselaw 3796 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                      WP(C).No.22232 OF 2020(D)


PETITIONER:

               JIBIN C.S., EMPLOYEES CODE NO 1054307,
               OVERSEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD
               LTD, CHERAI SECTION, NORTH PARAVUR, ERNAKULAM, PIN-
               683 513, (UNDER ORDERS OF TRANSFER TO KALADY
               ELECTRICAL SECTION).

               SRI.S.P.ARAVINDAKSHAN PILLAY
               SMT.N.SANTHA
               SRI.V.VARGHESE
               SRI.PETER JOSE CHRISTO
               SRI.S.A.ANAND
               SMT.K.N.REMYA
               SMT.L.ANNAPOORNA
               SHRI.VISHNU V.K.
               KUM.ABHIRAMI K. UDAY
               SHRI.KURUVILLA SABU CHRISTY

RESPONDENTS:

      1        KERALA STATE ELECTRICITY BOARD LTD
               REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM,
               PATTOM, THIRUVANANTHAPURAM,PIN-695 004.

      2        MANAGING DIRECTOR,
               KERALA STATE ELECTRICITY BOARD LTD, VYDYUTHI
               BHAVANAM, PATTOM, THIRUVANANTHAPURAM,PIN-695 004.

      3        CHIEF ENGINEER (HRM),
               KERALA STATE ELECTRICITY BOARD LTD, VYDYUTHI
               BHAVANAM, PATTOM, THIRUVANANTHAPURAM,PIN-695 004.

      4        UDADEVOS M.G,
               EMPLOYEE CODE 1053432, OVERSEER (ELECTRICAL),
               KERALA STATE ELECTRICITY BOARD LTD, CHERANALLOOR
               ELECTRICAL SECTION, ERNAKULAM, PIN-683 544, (UNDER
               ORDERS OF TRANSFER TO CHERAI ELECTRICAL SECTION)

               SRI.M.K.THANKAPPAN, SC.

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD           ON
02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.22232 OF 2020(D)

                                        2




                                  JUDGMENT

Dated this the 2nd day of February 2021

The petitioner has approached this Court impugning

Ext.P5 order to the extent to which it has transferred him from

the Cherai Electrical Station to Kalady Electrical Section. The

petitioner says that the order impugned is illegal since he

joined his present station only on 30.09.2020 and that the

impugned transfer has been issued less than a period of one

month thereafter. He asserts that his transfer is not guided by

exigencies in service or in public interest and that it is only to

favour the fourth respondent, who does not have any

preferential claim over him in the matter of transfer. The

petitioner, therefore, prays that Ext.P5 be set aside.

2. In response to the submissions of Sri.Peter Jose

Christo - the learned counsel for the petitioner, the learned

standing counsel for the KSEB - Sri.M.K.Thankappan

submitted that a counter affidavit has been filed on record,

wherein, the reasons for the petitioner's transfer has been

narrated. The learned standing counsel submitted that if the

petitioner is willing to relinquish his promotion subject to WP(C).No.22232 OF 2020(D)

Rules, then the KSEB is willing to reconsider his transfer, but

that this will have to be done by the petitioner in the manner

prescribed by the Regulations. The learned standing counsel,

therefore, prayed that this writ petition be dismissed.

3. When I consider the rival submissions as afore, the

fact remains that the petitioner's specific case is that he has

been transferred through Ext.P5 less than a month after he

was placed in his domicile station. Ext.P5 order does not say

why the petitioner has been transferred, but it has been

chosen to be explained through the counter affidavit filed on

behalf of the KSEB, that this is consequent to his promotion.

This averment of the KSEB, however, is sternly opposed by the

learned counsel for the petitioner saying that his client was

not moved to the present station consequent to the promotion

but much later thereafter.

4. In any event of the matter, I notice that this Court had

granted an interim order against the relieving of the petitioner

as early as on 19.10.2020 and it has been over three months

since the said order is still in force.

5. I am, therefore, of the firm view that the petitioner's

grievances must be first considered by the KSEB, before his

transfer can be effected.

WP(C).No.22232 OF 2020(D)

In the afore circumstances, I order this writ petition,

granting liberty to the petitioner to make a representation

against Ext.P5 to the extent to which it transfers him and if

this is done within a period of two weeks from the date of

receipt of a copy of this judgment, the same shall be

considered by the competent Authority of the KSEB, after

affording him an opportunity of being heard - either physically

or through video conferencing - thus culminating in an

appropriate decision thereon, as expeditiously as is possible,

Needless to say, until such time as the afore exercise is

completed and the resultant order communicated to the

petitioner, all action pursuant to Ext.P5, to the extent to which

it relates to the petitioner, shall remain deferred.

Sd/- DEVAN RAMACHANDRAN

Stu JUDGE WP(C).No.22232 OF 2020(D)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 10.6.2019 ISSUED BY THE CONSULTANT ORTHO SURGEON OF DISTRICT HOSPITAL, ALUVA

EXHIBIT P2 TRUE COPY OF THE DISCHARGE SUMMARY DATED 17.1.2005 ISSUED BY DR.ASHOK RAJ KAUL, CONSULTANT PLASTIC SURGEON, MEDICAL TRUST HOSPITAL, M.G. ROAD, KOCHI

EXHIBIT P3 TRUE COPY OF THE DISCHARGE SUMMARY DATED 20.10.2005 ISSUED BY Dr.ASHOK RAJ KAUL, CONSULTANT PLASTIC SURGEON, MEDICAL TRUST HOSPITAL, M.G ROAD, KOCHI

EXHIBIT P4 TRUE COPY OF THE RELEVANT PORTION OF THE PROCEEDINGS NO EB4(B)/OVER(ELE/GT/2020 DATED 4.9.2020 OF THE 3RD RESPONDENT

EXHIBIT P5 TRUE COPY OF THE RELEVANT PORTION OF PROCEEDINGS NO EB4(B)/OVR(ELE)/GRIEVANCE/2020 DATED 26.10.2020 OF THE 3RD RESPONDENT

EXHIBIT P6 TRUE COPY OF THE GRIEVANCE APPLICATION NO.EB1/GT2019/GRIEVANCE/2019-20/282 DATED 04.06.2019 ALONG WITH THE FORWARDING LETTER BY THE EXECUTIVE ENGINEER.