Kerala High Court
Manilal K.R vs Kerala State Electricity Board ... on 9 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.22618 OF 2020(B)
PETITIONER:
MANILAL K.R.
AGED 51 YEARS
SON OF RAGHAVAN, OVERSEER (ELECTRICAL),
KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL
SECTION, MATTANCHERRY, KOCHI-682002,
RESIDING AT KUNNATH HOUSE, 19/1225 D, SDPY ROAD,
PALLURUTHI, KOCHI-682006.
BY ADVS.
SRI.B.ASHOK SHENOY
SRI.P.S.GIREESH
SHRI.DR.ABHILASH O.U.
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LTD.,
REPRESENTED BY ITS SECRETARY, REGISTERED OFFICE,
VYDYUTHI BHAVAN, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM-695004.
2 THE CHIEF ENGINEER(HUMAN RESOURCES MANAGEMENT),
KERALA STATE ELECTRICITY BOARD LTD.,
REGISTERED OFFICE, VYDYUTHI BHAVAN, PATTOM,
PALACE P.O., THIRUVANANTHAPURAM-695004.
R1-2 BY ADV. SRI.ASOK M.CHERIAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.22618 OF 2020
2
JUDGMENT
Dated this the 9th day of February 2021
This writ petition is filed seeking the following reliefs :-
"i) Declare Exhibit P3 order transferring petitioner from
Mattancherry Electrical Section to Alangad Electrical
Section, is illegal and bad;
ii) Call for the records and files leading to Exhibit P3 order
issued by 2nd respondent and quash Exhibit P3 order to the
extent it transfers petitioner from Mattancherry Electrical
Section to Alangad Electrical Section, by issuance of a writ in
the nature of certiorari or any other appropriate writ, order
or direction;
iii) Issue a writ in the nature of mandamus or any other
appropriate writ, order or direction commanding the
respondents to retain the petitioner at Mattancherry
Electrical Section of the 1st respondent"
2. Heard the learned counsel for the petitioner and the learned
Standing Counsel appearing for the respondents.
3. It is submitted that the petitioner, while working as Lineman
Grade-I in the Mattancherry Electrical Section had been transferred to
Vazhikadavu Section under Nilambur Division in the 2017 general
transfer. Later, on the basis of his request in the general transfer of
the year 2019, the petitioner was transferred back to the
WP(C).No.22618 OF 2020
Mattancherry Electrical Section and was continuing there from June,
2019. On 20.08.2020, he was promoted as Overseer (Electrical). In the
grievance redressal exercise with regard to the general transfer of the
year 2020, the petitioner was transferred to Alangad. The petitioner
challenges the order of transfer on the ground that he had continued
at Mattancherry after being transferred from Vazhikadavu only for
one year and three months.
4. It is further submitted that there are vacancies available in the
Mattancherry Electrical Section and nearby stations in the Division to
accommodate him and that the transfer to Alangad is absolutely
unnecessary. The petitioner has preferred Ext.P4 representation
before the 2nd respondent pointing out his grievances as against the
transfer and seeks a consideration of the same.
5. The learned Standing Counsel appearing for the respondents
submits that it was only to alleviate the grievances raised with regard
to the order of transfer that further arrangements had to be carried
out. It is submitted that Ext.P4 representation submitted by the
petitioner will be considered in accordance with law, taking note of
WP(C).No.22618 OF 2020
the guidelines as well.
6. In the above view of the matter, there will be a direction to the
2nd respondent to take up, consider and pass orders on Ext.P4
representation preferred by the petitioner, with notice to the
petitioner and after hearing him. The provisions of the guidelines as
well as the existence of any vacancy in Mattancherry or any other
electrical sections in the Division shall be considered by the 2 nd
respondent and appropriate orders shall be passed within a period of
three weeks from the date of receipt of a copy of this judgment. Till
such time, the interim order granted by this Court shall continue in
force.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C).No.22618 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF RELIEVING ORDER
NO.EB4(A)/LM/GT/2019 DATED 10.06.2019
ISSUED IN RESPECT PETITIONER BY EXECUTIVE
ENGINEER, ELECTRICAL DIVISION, NILAMBUR OF
1ST RESPONDENT.
EXHIBIT P2 TRUE COPY OF ORDER
NO.EB.4(B)/OVR(ELE)/PRO.90/2020 DATED
20.08.2020 ISSUED BY 2ND RESPONDENT WITH
RELEVANT PAGES NUMBERS 46 AND 75 OF LIST OF
PROMOTEES TOT HE POST OF OVERSEERS,
ATTACHED THEREWITH.
EXHIBIT P3 TRUE COPY OF RELEVANT PAGES NUMBERS 1,7,11
AND 27 OF ORDER
NO.EB4(B)/OVR(ELE)/GRIEVANCE/2020 DATED
16.10.2020 ISSUED BY 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED
19.10.2020 SUBMITTED BY PETITIONER TO 2ND
RESPONDENT.
EXHIBIT P5 TRUE COPY OF ORDER
NO.BO(FTD)NO.121/2020[PS1(A)/3214/GT/GUIDEL
INES FOR WORKMEN] DATED 22.02.2020 ISSUED
BY 1ST RESPONDENT.
EXHIBIT P6 TRUE PRINT OUT OF DATA REGARDING POSTING
STRENGTH OF OVERSEER (ELECTRICAL)
MAINTAINED BY HUMAN RESOURCE INFORMATION
SYSTEM OF 1ST RESPONDENT PERTAINING TO
MATTANCHERRY GEOGRAPHICAL AREA, AS
PUBLISHED ON THE WEBSITE OF 1ST RESPONDENT
EXHIBIT P7 TRUE PRINT OUT OF DATA REGARDING POSTING
STRENGTH OF OVERSEER (ELECTRICAL)
MAINTAINED BY HUMAN RESOURCE INFORMATION
SYSTEM OF 1ST RESPONDENT PERTAINING TO
NORTH PARAVUR GEOGRAPHICAL AREA, AS
PUBLISHED ON THE WEBSITE OF 1ST RESPONDENT
EXHIBIT P8 TRUE COPY OF RELEVANT PAGES OF GENERAL
TRANSFER ORDER NO.EB4(B)/OVR(ELE)/GT/2019
DATED 31.05.2019 ISSUED BY 1ST RESPONDENT
WP(C).No.22618 OF 2020
EXHIBIT P9 TRUE PRINT OUT OF STATION WISE SENIORITY
LIST MAINTAINED BY 1ST RESPONDENT
PERTAINING TO MATTANCHERRY GEOGRAPHICAL
AREA, AS PUBLISHED ON THE WEBSITE OF 1ST
RESPONDENT
RESPONDENT'S/S EXHIBITS: NIL
