Ajayakumar W vs Kerala State Electricity Board
2021 Latest Caselaw 5705 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                        WP(C).No.4096 OF 2021(J)


PETITIONER:

                AJAYAKUMAR W.
                AGED 51 YEARS
                S/O.WILSON, OVERSEER, KERALA STATE ELECTRICITY BOARD,
                ELECTRICAL SECTION, SREEVARAHAM, ENCHAKKAL,
                VALLAKKADAVU P.O., THIRUVANANTHAPURAM - 695 008,
                RESIDING AT ANILA BHAVAN, TC 44/427(1), ST.XAVIERS
                NAGAR, VALIYATHURAI, VALLAKKADAVU P.O.,
                THIRUVANANTHAPURAM - 695 008.

                BY ADV. SRI.M.SREEKUMAR

RESPONDENT/S:

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

      2         CHIEF ENGINEER (HRM)
                KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM,
                PATTOM P.O., THIRUVANANTHAPURAM - 695 004.

      3         EXECUTIVE ENGINEER
                KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION,
                KAZHAKKOOTTAM P.O., THIRUVANANTHAPURAM - 695 582.


                SC , KSEB ASHOK M CHERIAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4096 OF 2021

                                         2




                                  JUDGMENT

Dated this the 17th day of February 2021

This writ petition is filed seeking the following relief:-

(i) To call for the records leading to Ext.P1 and to quash the same by issuing a writ of certiorari so far as it relates to the petitioner or in the alternative to direct the 2nd respondent to consider Ext.P4(a) representation and to retain the petitioner at Electrical Section, Sreevaraham, Vallakkadavu P.O., Thiruvananthapuram in view of his serious medical condition.

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

standing counsel appearing for the Board.

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

petitioner has been transferred out from Sreevaraham in

Thiruvananthapuram District to Valancherry in Ponnani Geographical area

by Ext.P1 order dated 04.09.2020.

4. It is submitted that the petitioner is due to undergo an

Angioplasty as is evident from Ext.P2 treatment certificate of the Medical

Officer of the Government Medical College, Thiruvananthapuram and that

the petitioner has preferred Ext.P4(a) representation before the 2 nd

respondent seeking retention at Thiruvananthapuram, taking note of his WP(C).No.4096 OF 2021

medical condition. It is submitted that the petitioner is not relieved so far

and that no substitute is posted in his place in Ext.P1.

5. The learned counsel for the petitioner contends that Ext.P4(a)

representation preferred by the petitioner can be considered in accordance

with law without any further delay.

6. Having heard the learned standing counsel also and in view of

the fact that Ext.P4(a) representation has been submitted on 10.09.2020

and the same has been forwarded by the Executive Engineer to the 2 nd

respondent, there will be a direction to the 2 nd respondent to take up,

consider and pass orders on Ext.P4(a) representation preferred by the

petitioner, taking note of the medical reasons stated by the petitioner as

well, within a period of three weeks from the date of receipt of a copy of

the judgment. In case, no substitute has been appointed in the petitioner's

place, the petitioner will be permitted to continue in the present station till

then.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

ssa WP(C).No.4096 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF RELEVANT EXTRACT OF ORDER NO.EB4(B)/OVR(ELE)/GT/2020 DATED 4/09/2020.

EXHIBIT P2 TRUE COPY OF TREATMENT CERTIFICATE ISSUED BY ASSOCIATE PROFESSOR OF CARDIOLOGY, GOVT. MEDICAL COLLEGE, TRIVANDRUM TO THE PETITIONER DATED 30/5/2020.

EXHIBIT P3 TRUE COPY OF CERTIFICATE ISSUED BY ASSOCIATE PROFESSOR OF CARDIOLOGY, GOVT. MEDICAL COLLEGE, TRIVANDRUM TO THE PETITIONER DATED 30/5/2020.

EXHIBIT P4 TRUE COPY OF LETTER NO.EB1/TRANSFER/2020-

21/477 DATED 11/9/2020 FROM THE 3RD RESPONDENT TO 2ND RESPONDENT.

EXHIBIT P4(A) TRUE COPY OF REPRESENTATION FILED BY PETITIONER DATED 10/9/2020 BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF RECEIPT DATED 11/9/2020 ISSUED TO THE PETITIONER.