Pramod T.K vs The Kerala State Electrcity Board ...
2021 Latest Caselaw 6580 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

  WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942

                       WP(C).No.4442 OF 2021(E)


PETITIONER:

               PRAMOD T.K.
               AGED 53 YEARS
               S/O. KESAVAN, OVERSEER, ELECTRICAL SECTION,
               KERALA STATE ELECTRICAL BOARD LTD., KALPETTA-673 121,
               RESIDING AT SARANG, NEDUNGODU ROAD, AMBILERY,
               KALPETTA-673 121

               BY ADV. SRI.U.BALAGANGADHARAN

RESPONDENTS:

      1        THE KERALA STATE ELECTRCITY BOARD LIMITED
               VYDYUTHI BHAVANAM, THIRUVANANTHAPURAM-695 001,
               REPRESENTED BY ITS SECRETARY.

      2        THE CHIEF ENGINEER (HRM),
               KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI
               BHAVANAM, THIRUVANANTHAPURAM-695 001

      3        THE CHIEF PERSONNEL OFFICER,
               KERALA STATE ELECTRICITY BOARD LTD, VYDYUTHI
               BHAVANAM, THIRUVANANTHAPURAM-695 001

      4        THE DIRECTOR (DISTRIBUTION IT AND HRM)
               KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI
               BHAVANAM, THIRUVANANTHAPURAM-695 001

      5        THE EXECUTIVE ENGINEER,
               ELECTRICAL DIVISION, KALPETTA-673 121

      6        UNNIKRISHNAN GJ,
               OVERSEER, MEENANGADI ELECTRICAL SECTION,
               KALPETTA-673121

               R1-5 BY ADV. SRI.ASOK M.CHERIAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4442 OF 2021

                                          2


                                  JUDGMENT

Dated this the 24th day of February 2021

This writ petition is filed seeking the following reliefs :-

"i) Call for the records leading to Exhibit P3 and set aside the same to the extent it seeks to transfer the petitioner from Kalpetta to Mananthavadi

ii) Writ in the nature of mandamus commanding the 2 nd respondent to permit the petitioner to continue at Kalpetta without being disturbed at least for the minimum incumbency as per guidelines;

iii) Declare that petitioner has legitimate right to continue at the present station at least for minimum incumbency as per the transfer guidelines."

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

standing counsel for the respondents. In view of the directions being

issued, notice to the 6th respondent is being dispensed with.

3. The petitioner, who is an Overseer, challenges his transfer by

Ext.P3 order back to Mananthavadi from where he had sought and

obtained a request transfer to Kalpetta. Against the transfer back to

Mananthavadi, the petitioner has preferred Ext.P4 representation and

seeks a consideration of the same, taking note of the transfer guidelines

as well as the availability of vacancies.

4. The learned counsel for the petitioner submits that the petitioner WP(C).No.4442 OF 2021

had valid reasons for seeking a transfer to Kalpetta which had been

accepted by the respondents while granting him the said transfer. It is

submitted that the request of the petitioner is liable to be considered

before he is moved out from Kalpetta.

5. The learned standing counsel for the respondents submits that it is

for the 2nd respondent to consider the grievances as against transfer.

6. In the above view of the matter, there will be a direction to the 2 nd

respondent to take up Ext.P4 representation preferred by the petitioner

before the 4th respondent, which shall be forwarded by the 4th

respondent to the 2nd respondent, and appropriate orders shall be passed

on the same after notice to the petitioner as well as the 6 th respondent

and after hearing them through any appropriate means including

through video conferencing, 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 remain in force.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.4442 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE RELIVING MEMO DATED 22.09.2020 ISSUED BY ASST. ENGINEER SUB STATION, MANANTHAVADI.

EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 16.01.2021 ISSUED BY THE 2ND RESPONDENT (RELEVANT PAGES ONLY).

EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 09.02.2021 ISSUED BY THE 2ND RESPONDENT (RELEVANT PAGES ONLY).

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 10.02.2021.

EXHIBIT P5 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 18.2.2021 ISSUED BY DR. A.R.AJAY LEOHOSPITAL, KALPETTA TO THE PETITIONER.

RESPONDENT'S/S EXHIBITS: NIL