Anish Chandran S vs Kerala State Electricity Board
2021 Latest Caselaw 6919 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942

                       WP(C).No.5126 OF 2021(M)


PETITIONER:

               ANISH CHANDRAN S
               AGED 40 YEARS
               S/O. CHANDRAN, (EMP. CODE-1066497),
               ASSISTANT ENGINEER, 220 KV SUBSTATION, TALIPARAMBA,
               NOW WORKING AT TC SECTION, MATTANNUR, RESIDING AT
               GIRI NIVAS, KAPPAD P.O., KANNUR-670 006.

               BY ADVS.
               SRI.K.G.RAJEESH
               SMT.SMITHA GEORGE

RESPONDENTS:

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

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

      3        DEPUTY CHIEF ENGINEER
               KERALA STATE ELECTRICITY BOARD, TRANSMISSION CIRCLE
               VYDHUTHI BHAVANAM, KANNUR-670 002.

               SRI.ASOK M CHERIAN, SC KSEB

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5126 OF 2021

                                          2



                                  JUDGMENT

Dated this the 26th day of February 2021

This writ petition is filed seeking the following reliefs :-

"i) Writ of Certiorari or in the nature of Certiorari calling for the records leading to Exhibit P2 and set aside the same to the extent it relates to the transfer of the petitioner.

ii) To issue a Writ of Mandamus forbearing the respondents from proceeding with or enforcing Exhibit P2 order to the extent it relates to the transfer of the petitioner.

iii) Writ of Mandamus or in the nature of mandamus or any other appropriate writ, direction or order directing the respondents to retain the petitioner at least till the next general transfer in the present post ie; TC section Mattanur or to the post to which the petitioner is already transferred vide Ext P1; ie; LMC I, Kannur, in the interest of justice."

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

standing counsel appearing for the KSEB.

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

petitioner, who is an Assistant Engineer, was working at the Electrical

Section, Talipparamba from where he had been posted to Electrical

Section, Mattannur on working arrangement. In the meanwhile, it is

stated that Ext.P2 order of transfer has been issued transferring the

petitioner from Talipparamba to Vengad Electical Section, Kannur and WP(C).No.5126 OF 2021

it is stated in the order that the transfer is on the request of the

petitioner. The petitioner relies on Ext.P3 to show that no such

request had been submitted by him for any transfer from

Talipparamba and that he has preferred Ext.P4 representation

pointing out these aspects before the 2 nd respondent. It is submitted

that the vacancy of Assistant Engineer at Vengad Electrical Section

has already been filled up by Ext.P6 order dated 09.02.2021 and that

the post at Talipparamba is lying vacant.

4. It is further submitted by the learned counsel for the petitioner

that the petitioner is continuing at Mattannur on working

arrangement and that he has not been relieved pursuant to Ext.P2.

5. In view of the contentions raised by the learned counsel for the

petitioner that the petitioner had made no request for posting to

Vengad Electrical Section in Kannur, I am of the opinion that the

representation submitted by the petitioner is liable to be considered

in accordance with law.

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 WP(C).No.5126 OF 2021

representation preferred by the petitioner, taking specific note of the

contention that the petitioner had made no request for any transfer

from Talipparamba. The contention of the petitioner that there is no

substitute posted at Talipparamba and that he is liable to be permitted

to continue there shall be considered by the 2 nd respondent in

accordance with law. Orders shall be passed within a period of two

weeks from the date of receipt of a copy of this judgment. Till such

time, if the petitioner is not relieved pursuant to Ext.P2, the status quo

shall be maintained.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.5126 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NO.EB1/WA/2020-

21/251 DATED 1.1.2021.

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS NO.EB19A)/AE(ELE)/T&P/2020 DATED 19.2.2021.

EXHIBIT P3 TRUE COPY OF THE PRINT OUT OF THE GENERAL TRANSFER APPLICATION TRACKING STATUS FROM THE OFFICIAL WEBSITE.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 20.2.2021.

EXHIBIT P5 THE COMMUNICATION FORWARDING EXT.P4 REPRESENTATION.

EXHIBIT P6 TRUE COPY OF THE ORDER NO.EB1(A)/AE(ELE)/T&P/2020 DATED 9.2.2021.

EXHIBIT P7 TRUE COPY OF THE ORDER NO.EB 1(A)/AE(ELE)/T&P/2020 DATED 23.10.2020.

RESPONDENT'S/S EXHIBITS: NIL