Rajesh K vs The Kseb Limited
2021 Latest Caselaw 177 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                        WP(C).No.24 OF 2021(C)


PETITIONER:

               RAJESH K.
               MAZDOOR, CODE NO.1102175, KSEB LTD.,
               MAVELIKKARA ELECTRICAL SECTION,
               RESIDING AT KOCHENCHERIL VEEDU, S.N.JUNCTION,
               PALLURUTHY POST-682006, KOCHI, ERNAKULAM DISTRICT.

               BY ADVS.
               SRI.P.K.VIJAYAMOHANAN
               SMT. AISWARYA V.S.

RESPONDENTS:

      1        THE KSEB LIMITED
               REPRESENTED BY THE SECRETARY, VYDYUTHIBHAVANAM,
               PATTOM, THIRUVANANTHAPURAM-695004.

      2        THE CHIEF ENGINEER(HRM),
               KERALA STATE ELECTRICITY BOARD LIMITED,
               VYDYUTHIBHAVANAM, PATTOM,
               THIRUVANANTHAPURAM-695004.


               BY SRI.M.K.THANKAPPAN, SC,KSEB

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.24 OF 2021(C)                   2




                                    JUDGMENT

Dated this the 5th day of January 2021

This writ petition is filed seeking the following reliefs:

i. To issue a writ of mandamus, order or any other appropriate writ, order or direction commanding the 2nd respondent to consider Exhibit P5 representation, within a time limit to be stipulated by this Hon'ble Court;

ii. To declare that the petitioner is entitled to a transfer to the Ernakulam Geographical Area on the grounds that the petitioner has completed 5 years of outstation service, he belongs to the Scheduled Caste Community and that his wife is employed in the Defence Service at Ernakulam and she is physically challenged on account of Locomotor Disability to the extent of 50 per cent;

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

Standing Counsel appearing for respondents 1 and 2.

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

seeking orders with regard to the general transfer, the petitioner has

approached the 2nd respondent preferring Ext.P5 representation. It is

submitted that the said representation is liable to be considered in

accordance with law.

4. There will accordingly be a direction to the 2nd respondent to

take up, consider and pass orders on Ext.P5 representation, within a

period of two months from the date of receipt of a copy of this judgment.

The writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE 6/1/2021

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE EXTRACT OF THE TRANSFER ORDER, PROCEEDINGS NO.EBEW/GT/2020 DATED 30.09.2020 OF THE 2ND RESPONDENT.

EXHIBIT P2 THE TRUE COPY OF THE DISABILITY CERTIFICATE ISSUED BY THE MEDICAL BOARD OF THE GENERAL HOSPITAL ERNAKULAM, BEARING NO.C2-MB/2044/19 DATED 17.10.2019.

EXHIBIT P3 THE TRUE COPY OF THE EMPLOYMENT CERTIFICATE NO.103/341/E1 DATED 10.10.2020 ISSUED BY THE GARRISON ENGINEER, KOCHI MILITARY ENGINEERING SERVICE, NAVAL BASE, KOCHI TO THE WIFE OF PETITIONER.

EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION DATED 12.10.2020 OF THE WIFE OF THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION DATED 29.12.2020 OF THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENTS' EXHIBITS: NIL

[True copy]

P.A to Judge

Bb