Devanand A vs The Kerala State Electricity ...
2022 Latest Caselaw 8879 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                    WP(C) NO.22163 OF 2022
PETITIONER :-

         DEVANAND A, AGED 49 YEARS
         S/O.ANANDAN, EMPLOYEE CODE-1048339,
         SENIOR SUPERINTENDENT, ELECTRICAL SECTION,
         KERALA STATE ELECTRICITY BOARD LIMITED,
         AVANAVANCHERY, ATTINGAL DIVISION,
         THIRUVANANTHAPURAM-695 103, RESIDING AT DARSANAM,
         MAYYANAD P.O., KOLLAM-691 303.

          BY ADVS.
          B.MOHANLAL
          P.S.PREETHA
          ASWIN V. NAIR
          KARTHIK J SEKHAR
          ABIJITH M.


RESPONDENTS :-

    1     THE KERALA STATE ELECTRICITY BOARD LIMITED,
          REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM,
          PATTOM P.O., THIRUVANTHAPURAM - 695 004.

    2     THE CHIEF ENGINEER (HUMAN RESOURCES DEPARTMENT),
          KERALA STATE ELECTRICITY BOARD LIMITED,
          VYDYUTHI BHAVANAM, PATTOM P.O.,
          THIRUVANTHAPURAM - 695 004.

    3     THE EXECUTIVE ENGINEER,
          ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD
          LIMITED, ELECTRICAL DIVISION ATTINGAL,
          THIRUVANANTHAPURAM - 695 101.

    4     THE ASSISTANT ENGINEER,
          ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD
          LIMITED, AVANAVANCHERY, ATTINGAL DIVISION,
          THIRUVANANTHAPURAM - 695 103.

          BY SRI.K.S.ANIL, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO.22163 OF 2022

                                   -: 2 :-


                              JUDGMENT

Dated this the 7th day of July, 2022

This writ petition is filed seeking the following reliefs :-

"(i) To call for the records leading to Ext.P2 from the respondents and issue a writ of certiorari or other appropriate writ, order or direction quashing Ext.P2.

(ii) To issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to calculate the index marks of the petitioner as per Ext.P1 within a stipulated time as directed by this Hon'ble Court and to issue transfer order to the petitioner to his home district at Kollam as per the calculations in the index marks.

(iii) To issue a writ of mandamus or other appropriate writ, order or direction commanding the 2 nd respondent to consider and dispose of Ext.P3 within a stipulated time as directed by this Hon'ble Court and calculate the index marks of the petitioner as per Ext.P1 and to issue transfer order to the petitioner to his home district at Kollam as per the calculations in the index marks.

(iv) To declare that the petitioner is entitled to get transfer to his home district at Kollam taking into consideration of the index marks calculated by the respondents as per Ext.P1."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondent

Board.

WP(C) NO.22163 OF 2022

3. It is submitted by the learned counsel for the

petitioner that the petitioner is working as Senior

Superintendent in the Electrical Section, Avanavanchery,

Attingal under the Kerala State Electricity Board Limited

(KSEB). It is submitted that options have been invited for

online transfer and the petitioner had submitted options which

were declined by Ext.P2. It is submitted that against the

rejection of the option submitted by the petitioner, the

petitioner has preferred Ext.P3 complaint, relying on the

transfer norms as are evident by Ext.P1. It is stated that the

same is forwarded to the 2nd respondent by Ext.P4.

4. The learned Standing Counsel appearing for the

respondents submits that Ext.P2 is only a preliminary

rejection of the options as submitted by the petitioner and that

all objections will be considered before the final transfer list is

published. It is submitted that Ext.P3 and all other complaints

with regard to the options will be considered by the 2 nd

respondent before the transfer list is published.

In the above view of the matter, there will be a

direction to the 2nd respondent to take up Ext.P3 WP(C) NO.22163 OF 2022

representation submitted by the petitioner and to consider

and pass orders on the same without further delay, at any

rate, before the general transfers are effected.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/8.7.2022 WP(C) NO.22163 OF 2022

APPENDIX OF WP(C) 22163/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE ORDER BO(FTD) NO:

386/2022[PSI(A)/OLGT-2022/GUIDELINES FOR OFFICERS] DATED 07/05/2022 ISSUED BY THE 1ST RESPONDENT.

Exhibit P2 THE TRUE COPY OF THE REPLY OBTAINED BY THE PETITIONER THROUGH E-MAIL FROM HRIS PORTAL OF THE K.S.E.B.

Exhibit P3 THE TRUE COPY OF THE REPRESENTATION DATED 06/06/2022 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT, THROUGH PROPER CHANNEL.

Exhibit P4 THE TRUE COPY OF THE FORWARDING NOTE NO:BBI/AVRY/APPLICATION/2022-23/8 DATED 06/06/2022 FORWARDED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.