Ebrahim C.M vs Kerala State Electricity Board - ...
2022 Latest Caselaw 9112 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
                         WP(C) NO.24325 OF 2022
PETITIONER :-

           EBRAHIM C.M., AGED 52 YEARS
           S/O.C.MUHAMMAD, OVERSEER (ELECTRICAL),
           KALLOORKADU (5593), MUVATTUPUZHA -II ELECTRICAL
           SECTION, ERNAKULAM, RESIDING AT CHALLALAYIL HOUSE,
           PUTHUPPADY.P.O., PUTHUPPADY, KOTHAMANGALAM,
           ERNAKULAM DIST, PIN- 686 673.

             BY ADVS.
             N.ANILKUMAR
             SINU.G.NATH
             TONY GEORGE THOMAS


RESPONDENTS :-

      1      KERALA STATE ELECTRICITY BOARD LTD.,
             VYDYUTHI BHAVAN, PATTOM, THIRUVANAMTHAPURAM,
             PIN-695 004, REPRESENTED BY IT'S
             CHAIRMAN AND MANAGING DIRECTOR.

      2      CHIEF ENGINEER-HRM KERALA STATE ELECTRICITY BOARD
             LTD., VYDUTHI BHAVAN, PATTOM, THIRUVANAMTHAPURAM,
             PIN-695 004

             BY SRI.K.S.ANIL, SC


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   27.07.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.24325 OF 2022

                                    -: 2 :-


                               JUDGMENT

Dated this the 27th day of July, 2022

This writ petition is filed seeking the following reliefs :-

"(1) Issue a writ of Mandamus or any other writ order or direction of appropriate nature, quashing Exhibit P7 transfer order to the extent that it transferred the petitioner from his domicile station to Uppala, Kasargod is illegal and arbitrary and vitiated by malafides. (2) Issue a writ of Mandamus or any other writ order or direction of appropriate nature, quashing Exhibit P7 transfer order to the extent that it transferred the petitioner during the pendency of Ext.P6 representation filed on Ext.P5 rejection order is illegal."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondents.

3. It is submitted by the learned counsel for the petitioner

that the petitioner has been transferred from Muvattupuzha to

Uppala in Kasargod by Ext.P7 order, which is an order of general

transfer.

4. The learned Standing Counsel submits that grievances,

if any with regard to the order of transfer can be uploaded in the

HRIS Portal till 5 p.m. today and that in case such grievances are

uploaded, the same will be considered before the transfer orders

are implemented.

WP(C) NO.24325 OF 2022

5. The learned counsel for the petitioner submits that apart

from filing Ext.P6 representation, the petitioner has also filed an

appeal against Ext.P7 on 25.7.2022 and that it has been properly

uploaded in the Portal.

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

to the 2nd respondent to consider the appeal preferred by the

petitioner as against Ext.P7 by uploading in the Portal and consider

the contentions as against Ext.P7 before the order is implemented.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/27.7.2022 WP(C) NO.24325 OF 2022

APPENDIX OF WP(C) 24325/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPLICATION FOR PROTECTION FROM TRANSFER FILED THROUGH HRIS PORTAL.

Exhibit P2 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 20.05.2022 ISSUED BY DR.K. PARAMESWARAN

Exhibit P3 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 26.05.2022 ISSUED BY DR CV JACOB.

Exhibit P4 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 21.05.2022 ISSUED BY DR MUHAMMED NOUSHAD.

Exhibit P5 TRUE COPY OF THE EXTRACT OF REJECTION ORDER PUBLISHED IN THE WEB SITE

Exhibit P6 TRUE COPY OF THE REPRESENTATION FILED FORE THE CHAIRMAN, KSEB DATED 13.07.2022.

Exhibit P7 RELEVANT PAGES OF TRANSFER ORDER DATED 21-07-

2022 OF OVERSEERS (ELECTRICAL)