Santhosh K. S vs The Kerala State Electricity ...
2021 Latest Caselaw 585 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                        WP(C).No.456 OF 2021(F)


PETITIONER/S:

                SANTHOSH K. S.
                AGED 48 YEARS
                S/O. SUDAKARAN, WORKING AS MAZDOOR/WORKMAN,
                MEENANGADI ELECTRICAL SECTION, MEENANGADI, HAVING
                PERMANENT RESIDENCE AT KUNNATH HOUSE, SASIMALA P. O.,
                VAYANAD DISTRICT, PIN - 673579.

                BY ADVS.
                SMT.O.H.NAZEEBA
                SMT.T.MANASY

RESPONDENT/S:

      1         THE KERALA STATE ELECTRICITY BOARD LTD.
                REPRESENTED BY ITS CHAIRMAN, 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), VIDYUTHIBHAVAN, PATTOM,
                THIRUVANANTHAPURAM, PIN - 695 004.

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

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

      6         REJI N.
                ELECTRICITY WORKER /MAZDOOR, ELECTRICAL SECTION
                PADICHIRA VAYANAAD P. O., PIN - 673 579.

      7         ANEES C. S.
                ELECTRICITY WORKER /MAZDOOR, ELECTRICAL SECTION
 WP(C).No.456 OF 2021(F)

                               2

             PADICHIRA VAYANAAD P. O., PIN - 673 579.


OTHER PRESENT:

             SC- ASOK M CHERIYAN, SMT. PRIYA

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.456 OF 2021(F)

                                         3




                                  JUDGMENT

Dated this the 7th 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 and P3, the transfer of the petitioner from Electrical Section Meenangadi to Electrical Section Panamaram and quash the same.

ii) Issue a writ of Mandamus or any other order or direction directing the respondents consider the application for request transfer to his domicile at Padichira or at least any requested places in Ext.P2.

iii) issue a writ of mandamus or any other order or direction directing the respondents to consider Exhibit 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 Padichira which is closest

to the place of his domicile. It is submitted that though the request had

been submitted, the petitioner has now been transferred to Panamaram WP(C).No.456 OF 2021(F)

which is 48 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 3rd 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 Ext.P4, after hearing the petitioner as well as

respondents 6 and 7, through any appropriate means

including video conferencing.

WP(C).No.456 OF 2021(F)

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

Jm/ WP(C).No.456 OF 2021(F)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE EXTRACTS OF PROPOSED TRANSFER ORDER DATED 30.09.2020.

EXHIBIT P2 THE TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 4TH RESPONDENT DATED 04.06.2020.

EXHIBIT P3 THE TRUE COPY OF THE REJECTION ORDER ISSUED BY THE 4TH RESPONDENT DATED 24.12.2020.

EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 5TH RESPONDENT.