Sailesh P.M vs The Kerala State Electricity ...
2021 Latest Caselaw 325 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                       WP(C).No.24238 OF 2020(D)


PETITIONER:

               SAILESH P.M.
               AGED 51 YEARS
               S/O. MADHAVAN, POKKAMTHADIYIL, RAJAKKAD, IDUKKI
               DISTRICT, PRESENTLY WORKING AS LINE MAN, GRADE -I,
               ELECTRICAL SECTION, CHITHIRAPURAM.

               BY ADV. SMT.O.H.NAZEEBA

RESPONDENTS:

      1        THE KERALA STATE ELECTRICITY BOARD
               REPRESENTED BY ITS CHIEF ENGINEER (HRM), VAIDYUDHI
               BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695001.

      2        THE CHIEF ENGINEER
               VYDHYUDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM -
               695001.

               R1-2 BY ADV. SRI.ASOK M.CHERIAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.24238 OF 2020(D)

                                       2

                              JUDGMENT

This writ petition is filed seeking the following prayers:-

"(i) issue a writ of certiorari or any other appropriate writ, direction or order, calling for the records leading to the order of transfer issued by the 2nd respondent bearing No.EB4A/LM/GT/2020/1BO(FTD) by which the petitioner is transferred from Chithirapuram Electrical Section to Mulankunnathukavu Electrical Section.

(ii) issue a writ of mandamus or any other appropriate writ, direction or order directing the 2nd respondent to retain the petitioner in his present post in Chithirapuram Electrical Section Bisonvalley, Idukki District."

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 has been transferred from

Chithirapuram Electrical Section in Idukki District to

Mulankunnathukavu in Thrissur District. It is submitted that the

petitioner as well as his brother are suffering from severe

ailments and that since the petitioner is only a lineman, the

request of the petitioner for posting in any of the electrical

sections near his place of residence is liable to be considered

sympathetically by the respondents. This Court also had issued WP(C).No.24238 OF 2020(D)

an interim order on 03.12.2020 stating that the KSEB is liable to

consider the stationing of the petitioner to a nearer place. The

petitioner has produced materials to show that there is a

vacancy available at Rajakkad Electrical Section in Idukki

District.

4. In the above view of the matter, I am of the opinion

that the request of the petitioner for a posting near his domicile

station is liable to be considered, taking note of the reasons

stated by him in the writ petition. In case the petitioner

approaches the Chief Engineer (HRM) of the 1 st respondent

Board with an appropriate representation, the same shall be

considered and disposed of, taking note of the reasons stated

by the petitioner and the vacancies pointed out by the

petitioner. Orders shall be passed within a period of two weeks

from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Bng/07.01.2021 WP(C).No.24238 OF 2020(D)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE MEDICAL RECORDS EVIDENCING THE RESPECTIVE RENAL TRANSPLANTATION.

EXHIBIT P2 TRUE COPY OF THE DEPENDENCY CERTIFICATE ISSUED BY THE VILLAGE OFFICER.

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE INDO-AMERICAN HOSPITAL AT VAIKOM EVIDENCING THE MEDICAL CONDITION OF THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 09.09.2020.