Jyothishkumaar vs The Kerala State Electricity ...
2021 Latest Caselaw 404 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.239 OF 2021(D)

PETITIONER:

               JYOTHISHKUMAAR
               AGED 36 YEARS
               S/O CHANDRAN,
               WORKING AS MAZDOOR/WORKMAN, MEENANAGADI ELECTICAL
               SECTION, MEENANGADI, HAVING PERMANENT RESIDENCE AT
               MALAKKARICHALIL HOUSE, NADAVAYAL P O,
               WAYANAD DISTRICT, PIN-670721.

               BY ADV. SMT.O.H.NAZEEBA

RESPONDENTS:

      1        THE KERALA STATE ELECTRICITY BOARD LTD.
               LTD REPRESENTED BY ITS CHAIRMAN, PATTOM,
               THIRUVANANTHAPURAM-695004.

      2        THE KERALA STATE ELECTRICITY BOARD
               LTD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
               PATTOM,
               THIRUVANANTHAPURAM-695004.

      3        THE CHIEF ENGINEER
               (HRM),
               OFFICE OF THE CHIEF ENGINEER(HUMAN RESOURCE
               MANAGEMENT)
               VIDYUTHIBHAVAN PATTOM,
               THIRUVANANTHAPURAM, PIN-695004.

      4        THE GRIEVANCE REDRESSAL COMMITTEE
               REPRESENTED BY CHIEF EXECUTIVE OFFICER,
               KERALA STATE ELECTRICITY BOARD, LTD PATTOM,
               THIRUVANANTHAPURAM, PIN-695004.

      5        THE DIRECTOR DISTRIBUTION AND IT
               KERALA STATE ELECTRICITY BOARD, LTD PATTOM,
               THIRUVANANTHAPURAM, PIN-695004.


               GP-SRI.BIJOY CHANDRAN

     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.239 OF 2021(D)

                                        2




                                 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 P1 transfer of the petitioner from Electrical Section Meenangadi to Electrical Section Padinjarathara and quash the same.

ii) Issue a writ of certiorari calling for the records leading to Exhibit P3 and quash the same.

iii) issue a writ of mandamus or any other order or direction directing the respondents to consider Exhibit P5 pending before the 5th respondent.

iv) Issue a writ of mandamus or any other order or direction directing the respondent to transfer the petitioner as requested by him through Exhibit P2."

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

Panamaram which is closest to the place of his domicile. It is WP(C).No.239 OF 2021(D)

submitted that though the request had been submitted, the

petitioner has now been transferred to Padinjarathara which is

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

the petitioner had preferred Ext.P5 representation before the 5th

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.P5

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. WP(C).No.239 OF 2021(D)

(iii) The contentions raised by the petitioner in the

representation as well as the provisions of the guideline shall be

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.239 OF 2021(D)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF EXTRACTS OF THE GENERAL TRANSFER ORDER NO. EBEW/GT/2020 DATED 30/09/20.

EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR HIS REQUEST DATED 05/06/2020.

EXHIBIT P3 TRUE COPY OF THE ORDER REJECTING HIS REQUEST DATED 24/12/2020.

EXHIBIT P4 TRUE COPY OF THE SALARY SLIP OF THE PETITIONER FOR THE MONTH OF NOVEMBER 2020.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 30.12.2020.