Babu O.V vs The Kerala State Electricity ...
2021 Latest Caselaw 373 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.292 OF 2021(J)


PETITIONER:

               BABU O.V.
               AGED 47 YEARS
               S/O. VELAYUDHAN, WORKING AS MAZDOOR /WORKMAN,
               MEENANGADI ELECTRICAL SECTION, MEENANGADI, HAVING
               PERMANENT RESIDENCE AT ONDENKETTIL HOUSE, PULPALLY
               P.O., VAYANAD DISTRICT,PIN-673 579

               BY ADV. SMT.O.H.NAZEEBA

RESPONDENTS:

      1        THE KERALA STATE ELECTRICITY BOARD LTD.
               REPRESENTED BY ITS CHAIRMN, PATTOM,
               THIRUVANANTHAPURAM-695 004

      2        THE KERALA STATE ELECTRICITY BOARD LTD.,
               REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, PATTOM,
               THIRUVANANTHAPURAM-695 004

      3        THE CHIEF ENGINEER, (HRM),
               OFFICE OF THE CHIEF ENGINEER (HUMAN RESOURCE
               MANAGEMENT) VIDYUTHI BHAVAN, PATTOM,
               THIRUVANANTHAPURAM, PIN-695 004

      4        THE GRIEVANCE REDRESSAL COMMITTEE,
               REP BY ITS CHIEF EXECUTIVE OFFICER, KERALA STATE
               ELECTRICITY BOARD, LTD PATTOM,
               THIRUVANANTHAPURAM,PIN-695 004

      5        THE DIRECTOR DISTRIBUTION AND IT ,
               KERALA STATE ELECTRICITY BOARD, LTD PATTOM,
               THIRUVANANTHAPURAM,PIN-695 004

      6        BEENY A.D.
               ELECTRICITY WORKER/ MAZDOOR, ELECTRICAL SECTION,
               PULPALLY VAYANAAD P.O., PIN-673 579

      7        RAJESH.K.T.,
               ELECTRICITY WORKER/ MAZDOOR, ELECTRICAL SECTION,
               PULPALLY VAYANAAD P.O., PIN-673 579
 WP(C).No.292 OF 2021(J)

                                2



              SC, KSEB- SMT. PRIYA

     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.292 OF 2021(J)

                                        3




                                  JUDGMENT

Dated this the 6th day of January 2021

This writ petition is filed seeking the following reliefs:

"i) Issue a writ of certiorari calling for the records leading to Exhibit P2 and P3, the transfer of the petitioner from Electrical Section Meenangadi to Electrical Section Thavinjaal and quash the same.

ii) issue a writ of mandamus or any other order or direction directing the respondents to consider the application for request transfer to his domicile at Pulpally or at least any requested places in Exhibit P1.

iii) issue a writ of mandamus or any other order or direction directing the respondents to considerExt.P4 pending before the 5th respondent."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondent-Board.

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

that the petitioner who is working as a Mazdoor in the K.S.E.B

had sought a transfer from Meenangadi Electrical Section to

Pulpally which is closest to the place of his domicile. It is

submitted that though the request had been submitted, the WP(C).No.292 OF 2021(J)

petitioner has now been transferred to Thavinjaal which is 45

kms away from the place of his domicile. It is submitted that the

petitioner had preferred Ext.P4 representation before the 5 th

respondent which is liable to be considered in accordance with

law.

4. The learned Standing Counsel for the respondent-Board

submits that it is for the 3rd respondent to take an appropriate

decision on the request of the petitioner. The learned Standing

Counsel submits that the grievance raised by the petitioner will

be considered in accordance with the norms by the 3 rd

respondent.

In the above view of the matter, this writ petition is

disposed of with the following directions:

(i) The petitioner shall serve a copy of Ext.P4 representation

submitted before the 5th respondent to the 3rd respondent as well.

(ii) The 3rd respondent shall take up the representation and

pass orders thereon within a period of three weeks from the date

of receipt of a copy of this judgment.

(iii) The contentions raised by the petitioner in the

representation as well as the provisions of the guideline shall be WP(C).No.292 OF 2021(J)

looked into by the 3rd respondent while passing orders as

directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.292 OF 2021(J)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 4TH RESPONDENT DATED 04.06.2020

EXHIBIT P2 TRUE COPY OF THE REJECTION ORDER ISSUED BY THE 4TH RESPONDENT DATED 24.12.20

EXHIBIT P3 TRUE COPY OF THE EXTRACTS OF PROPOSED TRANSFER ORDER DATED 30.09.2020

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DIRECTOR, DISTRIBUTION, AND IT, THE 5TH RESPONDENT DATED 30.12.20

EXHIBIT P5 TRUE COPY OF THE PAY SLIP OF OCTOBER 2020 OF THE PETITIONER