Santhosh K vs Kerala State Electricity Board ...
2021 Latest Caselaw 5499 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

                       WP(C).No.26912 OF 2020(L)


PETITIONER:

               SANTHOSH K.
               AGED 54 YEARS
               S/O. THANKAPPAN K.E.,
               SUB ENGINEER (EMP. CODE NO.1040375),
               KERALA STATE ELECTRICITY BOARD LIMITED,
               SUB REGIONAL STORE, VAZHATHOPE, IDUKKI COLONY P.O.,
               PIN-685602, RESIDING AT KARAMEL, CHILAVU P.O.,
               THODUPUZHA IDUKKI DISTRICT-685588.

               BY ADVS.
               SRI.SANTHOSH MATHEW
               SRI.ARUN THOMAS
               SRI.JENNIS STEPHEN

RESPONDENTS:

      1        KERALA STATE ELECTRICITY BOARD LIMITED ,
               REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVANAM,
               PATTOM, THIRUVANANTHAPURAM-695004.

      2        CHAIRMAN AND MANAGING DIRECTOR,
               KERALA STATE ELECTRICITY BOARD LIMITED, VYDHYUTHI
               BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695004.

      3        CHIEF ENGINEER (HRM)
               KERALA STATE ELECTRICITY BOARD LIMITED, VYDHYUTHI
               BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695004.

      4        ASSISTANT EXECUTIVE ENGINEER,
               SUB REGIONAL STORE, KERALA STATE ELECTRICITY BOARD,
               VAZHATHOPE, IDUKKI COLONY P.O., PIN-685602.

               R1-4 BY ADV. SRI.ASOK M.CHERIAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26912 OF 2020

                                        2




                                 JUDGMENT

Dated this the 16th day of February 2021

This writ petition is filed seeking the following reliefs :-

"i) Call for the records leading to Ext.P6 and quash the same to the extent it transfers the petitioner from Sub Regional Store, Vazhathope to Electrical Section, Nedumkandam;

ii) Issue a writ of mandamus commanding the 3 rd respondent to retain the petitioner in Sub Regional Store, Vazhathope or accommodate in a nearby place of the Domicile Station of the petitioner"

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, who is a Sub Engineer in the KSEB, has been transferred

from the Sub Regional Store, Vazhathope to the Electrical Section,

Nedumkandam by Ext.P6 proceedings. It is submitted that the

petitioner's name had not been included in the first two transfer lists

and it is only at the 3 rd instance of grievance redressal that the

petitioner has been transferred. It is submitted that the petitioner had

been working at the present station only for a year and that the WP(C).No.26912 OF 2020

petitioner had approached the respondents with Exts.P7 and P9

representations, but the same has not been considered. It is further

submitted by the learned counsel for the petitioner that there is an

open vacancy available at Vazhathope to accommodate the petitioner,

but the said aspect is also not been considered by the respondents.

4. A counter affidavit and a reply affidavit have been placed on

record by the respondents and the petitioner. However, on a

consideration of the facts and circumstances of the instant case, I am

of the opinion that the issue with regard to transfer of an employee is

a matter for the respondents to consider at the first instance and since

Exts.P7 and P9 representations are admittedly filed by the petitioner

before the respondents, they are to be considered appropriately.

5. There will, accordingly, be a direction to the 3 rd respondent to

take up, consider and pass orders on Exts.P7 and P9 representations

preferred by the petitioner with notice to the petitioner and after

hearing him, through any appropriate means, including through video

conferencing. The specific contentions raised by the petitioner that

there are vacancies available at Vazhathope to accommodate the WP(C).No.26912 OF 2020

petitioner and with regard to violation of the transfer norms shall also

be considered by the respondents. Orders shall be passed within a

period of one month from the date of receipt of a copy of this

judgment. Till such time, the interim order granted by this Court shall

remain in force.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.26912 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE INCUMBENCY DETAILS PERTAINING TO THE PETITIONER DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE BOARD.

EXHIBIT P2 TRUE COPY OF THE RELIEVING MEMO DATED 10/06/2019 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, TRANSMISSION SUBDIVISION, KASARAGOD.

EXHIBIT P3 TRUE COPY OF THE NATIVITY FORM SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT BOARD.

EXHIBIT P4 TRUE COPY OF THE GUIDELINES/ NORMS FOR TRANSFERS AND POSTINGS OF THE WORKMEN OF THE 1ST RESPONDENT BOARD DATED 22/02/2020.

EXHIBIT P5 TRUE COPY OF THE RELEVANT PORTIONS OF THE ORDER NO. EB2/SE(ELE.)/GT2020 DATED 04/09/2020 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE RELEVANT PORTIONS OF ORDER NO. EB2/SE(ELE)/T&P/2020/3 DATED 16/10/2020 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 19/10/2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE OFFICE SENIORITY (PROVISIONAL) OF THE SUB REGIONAL STORE, VAZHATHOPE, AS ON 31/05/2020.

EXHIBIT P9 TRUE COPY OF THE LETTER AND REPRESENTATION DATED 30/11/2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT THROUGH PROPER CHANNEL.

EXHIBIT P10 TRUE COPY OF THE STATION WISE DISTRICT SENIORITY LIST (PROVISIONAL) OF KATTAPPANA GEOGRAPHICAL AREA.

EXHIBIT P11 TRUE COPY OF THE OFFICE SENIORITY (PROVISIONAL) LIST OF SUB REGIONAL STORE, VAZHATHOPE.

WP(C).No.26912 OF 2020

EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGES OF THE PROCEEDINGS DATED 03/08/2020 ISSUED BY THE RESPONDENT BOARD.

EXHIBIT P13 TRUE COPY OF THE PROCEEDINGS DATED 16/10/2020 ISSUED BY THE RESPONDENT BOARD.

RESPONDENT'S/S EXHIBITS:

ANNEXURE I THE COPY OF THE SALARY SLIP FOR THE PAST FEW MONTHS OF THE PETITIONER SHOWING THE RECOVERY OF RS.125/- FOR QUARTERS

ANNEXURE II A COPY OF THE APPLICATION FOR TRANSFER SUBMITTED BY THE PETITIONER THROUGH ONLINE

ANNEXURE III A TRUE COPY OF THE RELEVANT PAGES OF GENERAL TRANSFER ORDER NO.EB2/SE(ELE)/GT/ 2019 DATED 29-05-2019