Satheesh Kumar P. vs Kerala State Electricity Board ...
2021 Latest Caselaw 3365 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                   WP(C).No.1047 OF 2021(E)

PETITIONERS :-

      1     SATHEESH KUMAR P., AGED 44 YEARS
            S/O.PARAMESWARAN NAIR K.,
            EMPLOYEE CODE - 1068755, LINEMAN II,
            ELECTRICAL SECTION, CHAKKITTAPARA,
            NADAPURAM DIVISION, KOZHIKODE - 673 305

      2     RAJENDRAN A., AGED 42 YEARS
            S/O.APPUKUTTAN NAIR, EMPLOYEE CODE - 1068754,
            LINEMAN II, ELECTRICAL SECTION, CHAKKITTAPARA,
            NADAPURAM DIVISION, KOZHIKODE - 673 526

      3     BALARAMAN R., AGED 38 YEARS
            EMPLOYEE CODE - 1068752, LINEMAN II,
            ELECTRICAL SECTION, KADALINDI,
            ELECTRICAL DIVISION, KOZHIKODE - 673 302

            BY ADV. SRI.T.T.RAKESH

RESPONDENTS :-

      1     KERALA STATE ELECTRICITY BOARD LIMITED,
            REP.BY ITS CHAIRMAN AND MANAGING DIRECTOR OR/AND
            SECRETARY, KERALA STATE ELECTRICITY BOARD LTD.,
            VAIDHYUTHI BHAVAN, PATTAM,
            THIRUVANANTHAPURAM - 695 004

      2     THE CHIEF ENGINEER (HRM)
            KERALA STATE ELECTRICITY BOARD LTD.,
            VAIDHYUTHI BHAVAN, PATTAM,
            THIRUVANANTHAPURAM - 695 001

      3     DEPUTY CHEIF ENGINEER
            ELECTRICAL CIRCLE KOLLAM,
            KERALA STATE ELECTRICITY BOARD LTD.,
            KOLLAM - 691 001

            BY ADV. SRI.ASOK M.CHERIAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.1047 OF 2021(E)

                                     -: 2 :-


                                   JUDGMENT

Dated this the 29th day of January, 2021

This writ petition is filed seeking the following reliefs :-

"(i) declare that the petitioners are entitled to get transfer to their domicile place of choices in the general transfer 2020.

(ii) issue a writ of Mandamus or any other appropriate writ order or direction commanding the respondents to consider petitioners' transfer applications and Exhibit P7 to Exhibit P9 requests of the petitioners for transfer to their domicile place, ie from Kozhikode to Kollam district, as expeditiously as possible at any rate within a reasonable time fixed by this Hon'ble Court.

(iii) to direct the respondents to ensure that the petitioners are transferred from Kozhikode to Kollam District domicile station of choice while issuing anomalies/rectification orders regarding general transfer 2020 in respect of Workmen."

2. Heard the learned counsel for the petitioners and the

learned Standing Counsel appearing for the Electricity Board.

3. It is submitted by the learned counsel for the petitioners

that seeking favourable orders of transfer to their domicile stations,

the petitioners had preferred representations before the respondents.

However, the requests for transfer to the domicile places of their

choice were not considered in the general transfer. The petitioners

have, thereafter, preferred Exts.P12 to P14 representations before the

2nd respondent and seek consideration of the same. WP(C).No.1047 OF 2021(E)

4. Having heard the learned Standing Counsel also, I am of

the opinion that it is for the 2 nd respondent to take an appropriate

decision on the representations preferred by the petitioners.

In the above view of the matter, there will be a direction to

the 2nd respondent to take up, consider and pass orders on the

requests made by the petitioners in Exts.P12 to P14, within a period

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

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/3.2.2021 WP(C).No.1047 OF 2021(E)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE EMPLOYEE INCUMBENCY DETAILS OF THE 1ST PETITIONER

EXHIBIT P2 A TRUE COPY OF THE EMPLOYEE INCUMBENCY DETAILS OF THE 2ND PETITIONER

EXHIBIT P3 A TRUE COPY OF THE EMPLOYEE INCUMBENCY DETAILS OF THE 3RD PETITIONER

EXHIBIT P4 A TRUE COPY OF THE RELIEVING ORDER OF THE PETITIONERS DATED 15/10/2019

EXHIBIT P5 A TRUE COPY OF THE TRANSFER APPLICATION OF THE FIRST PETITIONER DATED 1/6/2020

EXHIBIT P6 A TRUE COPY OF RELEVANT PAGES OF PROMOTION LIST OF MAZDOOR TO LINEMAN II DATED 20.2.2020

EXHIBIT P7 A TRUE COPY OF THE REQUEST SUBMITTED BY THE FIRST PETITIONER DATED NIL

EXHIBIT P8 A TRUE COPY OF THE REQUEST SUBMITTED BY THE SECOND PETITIONER DATED NIL

EXHIBIT P9 A TRUE COPY OF THE REQUEST SUBMITTED BY THE THIRD PETITIONER DATED NIL

EXHIBIT P10 A TRUE COPY OF THE GUIDELINES ISSUED BY THE KSEB LTD BY ORDER BO(FTD) NO.121/2020 [PS1(A)/3214/GT/GUIDELINES FOR WORKMEN] DATED 22.2.2020

EXHIBIT P11 A TRUE COPY OF THE POSTAL RECEIPTS DATED 15.01.2021 SHOWING DISPATCH OF THE REPRESENTATIONS OF THE PETITIONERS TO THE SECOND RESPONDENT.

EXHIBIT P12 A TRUE COPY OF THE REPRESENTATION DATED 14.01.2021 OF THE FIRST PETITIONER SUBMITTED TO THE SECOND RESPONDENT

EXHIBIT P13 A TRUE COPY OF THE REPRESENTAITON DATED 14.01.2021 OF THE SECOND PETITIONER SUBMITTED TO THE SECOND RESPONDENT.

EXHIBIT P14 A TRUE COPY OF THE REPRESENTATION DATED 14.01.2021 OF THE THIRD PETITIONER SUBMITTED TO THE 2ND RESPONDENT.