Ravikumar T vs Kerala State Electricity Board
2021 Latest Caselaw 4514 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

        MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

                       WP(C).No.22545 OF 2020(P)


PETITIONER:

               RAVIKUMAR T.,
               AGED 50 YEARS
               S/O. THANKAPPAN NAIR, WORKING AS OVERSEER(ELECTRICAL)
               ELECTRICAL SECTION, KALANJOOR PO,
               PATHANAMTHITTA DISTRICT, RESIDING AT GEETHA BHAVAN,
               NIRATHUPARA, KOODAL P.O., PATHANAMTHITTA DISTRICT.

               BY ADV. SRI.N.SUNIL JOSEPH

RESPONDENTS:

        1      KERALA STATE ELECTRICITY BOARD
               VYTHUTHI BHAVAN, PATTOM,
               THIRUVANANTHAPURAM - 695 004,
               REPRESENTED BY ITS SECRETARY.

        2      THE CHIEF ENGINEER(HRM),
               KERALA STATE ELECTRICITY BOARD,
               VYTHUTHI BHAVAN, PATTOM,
               THIRUVANANTHAPURAM 695 004

ADDL.   3      ADDL.R3 THE CHAIRMAN
               KERALA STATE ELECTRICITY BOARD,
               VYTHUTHI BHAVAN, PATTOM,
               THIRUVANANTHAPURAM 695 004

               (IS IMPLEADED AS PER ORDER DATED 08.02.2021 IN
               I.A.NO.3/2021)

               BY ADV. SRI.ASOK M.CHERIAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.22545 OF 2020

                                         2



                                  JUDGMENT

Dated this the 8th day of February 2021

This writ petition is filed seeking the following reliefs :-

"i) To issue a declaration that Exhibit P2 order issued by the 2nd respondent transferring the petitioner to Electrical Section at Enathu is illegal, arbitrary, discriminatory against Exhibit P1 transfer guidelines.

ii) To issue a further declaration that the act of the 2 nd respondent in not considering the objection of the petitioner against his transfer in Exhibit P2 order, is illegal, arbitrary, discriminatory against Exhibit P1 transfer guidelines.

iii) To issue a writ of certiorari or any other appropriate writ, order or direction, call for the records leading upto Exhibit P2 and quash that part of Exhibit P2 order, transferring the petitioner from Electrical Section, Kalanjoor to Electrical Section, Enathu.

iv) To issue a writ of mandamus or any other appropriate writ or order, directing the respondents to retain the petitioner at Electrical Section, Kalanjoor or alternatively direct the respondents to grant him a posting at 66 KV Sub Station, Adoor, Pathanamthitta District as Overseer (Electrical)."

2. Heard the learned counsel for the petitioner and the learned

Standing Counsel appearing for the respondents

3. It is submitted by the learned counsel for the petitioner that the

petitioner's transfer from the Electrical Section, Kalanjoor to the WP(C).No.22545 OF 2020

Electrical Section, Enathu is illegal and is against the provisions of the

guidelines regarding transfer. Pointing out the grievances of the

petitioner against the transfer, the petitioner has approached the

additional 3rd respondent filing a detailed representation.

4. I am of the opinion that it is for the additional 3 rd respondent to

take an appropriate decision on the grievance raised by the petitioner,

taking note of the provisions of the guidelines as well.

In the result, this writ petition is disposed of with a direction to

the additional 3rd respondent to take up, consider and pass orders on

Ext.P5 representation preferred by the petitioner, with notice to the

petitioner as well, within a period of three weeks from the date of

receipt of a copy of this judgment. Till orders are passed as directed

above, the petitioner shall be permitted to continue on the basis of the

interim order rendered by this Court.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.22545 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF B.O.

(FTD) NO. 552/2018 PS-1(A) /3879/2016 DATED 01.03.2018.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PORTION OF ORDER NO. EB 4(B) /OVR(ELE)/GT/2020 DT.

04.09.2020 OF THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE NO. 646/2020 DATED 09.09.2020 ISSUED BY THE VILLAGE OFFICER, KALANJOOR.

EXHIBIT P4 TRUE COPY OF THE RELEVANT PORTION OF ORDER NO. EB-4(B) OVR/ELE GRIEVANCE /2020 DT. 16.10.2020 OF THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 02.02.2021 FILED BEFORE THE ADDITIONAL 3RD RESPONDENT

RESPONDENT'S/S EXHIBITS: NIL