K.S.E.B. Officers Sangh vs Kerala State Electricity Board
2021 Latest Caselaw 15564 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                            WP(C) NO. 14426 OF 2021
PETITIONER:

              K.S.E.B. OFFICERS SANGH,
              REG.NO.TVM/TC/122/2019, REPRESENTED BY ITS GENERAL
              SECRETARY, U.V.SURESH, AGED 55, S/O.U.K.VELAYUDHAN,
              GENERAL SECRETARY, FLAT NO.1C, HEERA POINT, PATTOM,
              THIRUVANANTHAPURAM-695 044.

              BY ADVS.
              R.T.PRADEEP
              M.BINDUDAS
              K.C.HARISH


RESPONDENTS:

     1        KERALA STATE ELECTRICITY BOARD,
              REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
              REGISTERED OFFICE, VYDYUTHI BHAVANAM,PATTOM,
              THIRUVANANTHAPURAM-695 004.

     2        CHAIRMAN AND MANAGING DIRECTOR,
              KERALA STATE ELECTRICITY BOARD, REGISTERED OFFICE,
              VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004.

     3        CHIEF ENGINEER (HRM),
              KERALA STATE ELECTRICITY BOARD, OFFICE OF CHIEF ENGINEER
              (HRM), VYDYUTHI BHAVANAM, PATTOM,
              THIRUVANANTHAPURAM-695 004.

     4        CHIEF PERSONNEL OFFICER,
              KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM,
              PATTOM, THIRUVANANTHAPURAM-695 004.
              SRI. M.K. THANKAPPAN-S.C.
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14426 OF 2021

                                           2




                                   JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) To issue a writ of certiorari or any other appropriate writ, order or direction calling upon the records pertaining to Exhibit- P7 and quash the same;

(ii) To issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to include the nominees of petitioner to the medical committee constituted to evaluate protection from transfer on medical grounds for transfer 2021- 2022;

(iii) To issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to consider the request of petitioner raised by Exhibit-P10 for transfer posting to head quarters for the purpose of claiming protection."

2. Having heard the learned counsel for the petitioner as well as the

learned standing counsel for the respondents and in view of the fact that

the petitioner have approached the respondents with Exts.P8 and P10,

there will be a direction to the respondents to take up, consider and pass

orders on Exts.P8 and P10, with notice to the petitioner as well, at the

earliest, at any rate, within three weeks from the date of receipt of a copy

of this judgment.

WP(C) NO. 14426 OF 2021

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 14426 OF 2021

APPENDIX OF WP(C) 14426/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE NOTICE DATED 21.12.2020 CALLING UPON THE PETITIONER AS ALONG WITH OTHER ASSOCIATIONS IN THE MEETING CONVENED UNDER THE AUSPICES OF MINISTER OF ELECTRICITY ISSUED BY 4TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 21.01.2021 CALLING UPON THE PETITIONER IN RECOGNITION OF ITS STATUS AS ASSOCIATION OF OFFICERS IN THE MEETING OF MINISTER OF ELECTRICITY ISSUED BY 4TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE NOTICE DATED 14.04.2021 CALLING UPON THE PETITIONER FOR THE MEETING OF ASSOCIATIONS OF OFFICERS FOR REVISION OF ORDERS PERTAINING TO ALLOTMENT OF QUARTERS AND RENT PAYABLE ISSUED BY 4TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE NOTICE DATED 30.04.2021 FOR THE MEETING OF TRADE UNIONS AND OFFICERS OF ASSOCIATION, FOR RECONSTITUTION OF SYSTEM OPERATION ISSUED BY 4TH RESPONDENT.

Exhibit P5 TRUE COPY OF THE NOTICE DATED 12.04.2021 FOR THE MEETING OF OFFICERS ASSOCIATIONS FOR REVISION OF GUIDELINES FOR GENERAL TRANSFER 2021 ISSUED BY 4TH RESPONDENT.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 08.07.2020 IN WPC NO.12270/2020.

Exhibit P7 TRUE COPY OF THE ORDER DATED 30.06.2021 BY WHICH MEDICAL COMMITTEE CONSTITUTE FOR ALL THE 14 DISTRICTS BY 1ST RESPONDENT.

Exhibit P8 TRUE COPY OF THE COMMUNICATION DATED 02.07.2021 FROM PETITIONER TO THE 2ND RESPONDENT NAMING ITS NOMINEES FOR THE MEDICAL WP(C) NO. 14426 OF 2021

COMMITTEE FOR ALL THE 14 DISTRICTS.

Exhibit P9 TRUE COPY OF THE ORDER DATED 22.06.2021 BY WHICH THE GUIDELINES OF TRANSFER HAS BEEN BROUGHT INTO FORCE.

Exhibit P10 TRUE COPY OF THE COMMUNICATION DATED 12.07.2021 FROM PETITIONER TO 4TH RESPONDENT SEEKING TRANSFER OF TWO OF ITS OFFICE BEARERS.

Exhibit P11 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 05.02.2019.

RESPONDENT'S/S EXHIBITS: NIL