Sureshkumar C vs Kerala State Electricity Board ...
2022 Latest Caselaw 4277 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE V.G.ARUN
     THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                       W.P.(C) NO.25191 OF 2021
PETITIONER:

          SURESHKUMAR C.,
          AGED 54 YEARS,
          ASSISTANT ENGINEER (ELE.),
          KERALA STATE ELECTRICITY BOARD LTD.,
          ELECTRICAL SECTION, ARATTUPUZHA,
          ARATTUPUZHA P.O., ALAPPUZHA DISTRICT-690 515.

          BY ADV. P.M. PAREETH


RESPONDENTS:

    1     KERALA STATE ELECTRICITY BOARD LTD.
          REPRESENTED BY ITS SECRETARY,
          VIDYUTHI BHAVANAM, PATTOM,
          THIRUVANANTHAPURAM-695 004.

    2     CHIEF ENGINEER (HRM),
          KERALA STATE ELECTRICITY BOARD LTD.,
          VIDYUTHI BHAVANAM, PATTOM,
          THIRUVANANTHAPURAM-695 004.

          ADV. K.S.ANIL, STANDING COUNSEL FOR KSEB

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                    -2-
W.P.(C) NO.25191 OF 2021




                                JUDGMENT

The petitioner is challenging his transfer from

Arattupuzha to Ulikkal, on the ground that the protection

and benefits granted to workmen under Ext.P1 transfer

guidelines should be extended to officers also. Learned

counsel for the petitioner contended that, while workmen,

whose parents are suffering from severe illness, is protected

from transfer, in Ext.P2 guidelines of officers, only spouse

and children are mentioned. It is submitted that the

petitioner's mother is aged 90 years and need constant care

and attention. Further, the petitioner is due to retire on

31.05.2023 and while Ext.P1 provides protection for two

years prior to retirement, under Ext.P1, the protection is

limited to one year.

2. Learned Standing Counsel for KSEB submits that

the duties and responsibilities of workmen and officers are

entirely different. Therefore, unlike workmen, an officer is

bound to join duty at the transferred Station immediately. It

is submitted that the petitioner can seek transfer to a station

W.P.(C) NO.25191 OF 2021

of his choice in the next general transfer and no special

consideration can be extended now, since the petitioner had

been working in Alappuzha District for the past many years.

3. Learned counsel for the petitioner submitted that,

even if the order of transfer is not interfered with, there may,

at least, be a direction to the respondents to post the

petitioner either at the 220 KV Sub Station, Edappon, 220 KV

Sub Station, Punnapra or Electrical Section, Thakazhi, where

open vacancies are available.

The petitioner being an Assistant Engineer, cannot seek

the protection provided under Ext.P2 guidelines pertaining

to workmen. Hence, I am not inclined to interfere with the

impugned order of transfer. Even then, if vacanices are

available at 220 KV Sub Station, Edappon, 220 KV Sub

Station, Punnapra or Electrical Section, Thakazhi, the

respondents shall consider petitioner's entitlement for

transfer to any one of the stations in accordance with the

guidelines and the submission that his mother is aged and

ailing. Needless to say that the petitioner will be at liberty to

W.P.(C) NO.25191 OF 2021

seek transfer during the next general transfer and if a

request is made then, appropriate orders should be passed

by the respondents.

Sd/-

V.G.ARUN JUDGE bpr

W.P.(C) NO.25191 OF 2021

APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE TRANSFER GUIDELINES NO. BO (FTD) NO.461/2021 [PS1(A)/2998/GT/GUIDELINES FOR WORKMEN] DATED 22.6.2021 FOR GENERAL TRANSFER OF WORKMEN FOR 2021 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P2 A TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE TRANSFER GUIDELINES NO. BO (FTD) NO.462/2021 [PS1(A)/2998/GT/GUIDELINES FOR OFFICERS] DATED 22.6.2021 FOR GENERAL TRANSFER OF OFFICERS FOR 2021 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P2(A) A TRUE PHOTOCOPY OF THE PRINT OUT IN REGARD TO EVENTS AND NOTIFICATIONS IN RELATION TO GT 2021 DATED 3.11.2021 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P3 A TRUE PHOTOCOPY OF THE MEDICAL CERTIFICATE DATED 8.11.2021 ISSUED BY THE GOVERNMENT MEDICAL COLLEGE HOSPITAL KOLLAM.

EXHIBIT P3(A) A TRUE PHOTOCOPY OF THE DEPENDENCY CERTIFICATE DATED 5.7.2021 WITH ENDORSEMENT ISSUED BY THE VILLAGE OFFICER HARIPAD.

EXHIBIT P4 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 17.7.2020 IN WP(C) NO.14274/2020.

EXHIBIT P5 A TRUE PHOTOCOPY OF THE DRAFT LIST NO.EB1(A)/AE(ELE)/GENERAL TRANSFER 2021/DRAFT ORDER DATED 10.11.2021 ISSUED AT 11 P.M. ON THAT DATE.

EXHIBIT P5(A) A TRUE PHOTOCOPY OF THE DISTRICT WISE INDEX LIST (2021) OF AE (ELE) OF

W.P.(C) NO.25191 OF 2021

ALAPPUZHA DISTRICT DATED 10.11.21.

EXHIBIT P6 A TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE GENERAL TRANSFER ORDER 2021 DATED 26/11/2021 IN RESPECT OF ASSISTANT ENGINEER (ELE)

EXHIBIT P7 A TRUE PHOTOCOPY OF THE ORDER NO.EB1(A) AE(ELE)/T&P/2021 DATED 28.12.2021

EXHIBIT P8 A TRUE PHOTOCOPY OF THE ORDER NO.EB1(A) AE(ELE)/T&P/2021 DATED 28.1.2022

EXHIBIT P9 A TRUE PHOTOCOPY OF THE PROCEEDINGS NO.EB1(A) AE(ELE)/T&P/2021 DATED 10.2.2022