Ajithkumar.P.K vs The Chief Engineer (Hrm)
2022 Latest Caselaw 5697 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
        FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                        WP(C) NO. 15918 OF 2022
PETITIONER/S:

           AJITHKUMAR.P.K
           AGED 50 YEARS
           S/O. LATE KRISHNANKUTTY, PADMALAYAM, PALAPPOOR,
           VELLAYANI P.O, THIRUVANANTHAPURAM - 695522.
           BY ADVS.
           AYYAPPAN SANKAR
           S.HRIDYA


RESPONDENT/S:

    1      THE CHIEF ENGINEER (HRM)
           KERALA STATE ELECTRICITY BOARD LIMITED, OFFICE OF THE
           CHIEF ENGINEER (HRM), VYDHYUTHI BHAVANAM, PATTAM,
           THIRUVANANTHAPURAM - 695004.
    2      THE EXECUTIVE ENGINEER,
           KERALA STATE ELECTRICITY BOARD LIMITED, OFFICE OF THE
           EXECUTIVE ENGINEER, ELECTRICAL DIVISION,
           THIRUVANANTHAPURAM - 695023.
    3      THE ASSISTANT EXECUTIVE ENGINEER,
           KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL SUB
           DIVISION, FORT, THIRUVANANTHAPURAM - 695023.
    4      THE ASSISTANT ENGINEER
           KERALA STATE ELECTRICAL BOARD LIMITED, ELECTRICAL
           SECTION, POONTHURA, THIRUVANANTHAPURAM - 695026.
           BY ADV SRI.K.S.ANIL, SC, KSEB


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15918 OF 2022
                                  2

                               JUDGMENT

Dated this the 27th day of May, 2022

The petitioner is working as Lineman Grade-I at the

Electrical Section, Poonthura under the Thiruvananathapuram

Electrical Division. By Ext.P3 order, the petitioner stands

transferred to the Tripayar Electrical Section under

Kodungallur Electrical Division. The writ petition is filed

challenging Ext.P3 order, primarily on the ground that the

petitioner is suffering from 60% permanent mental disability

and hence, he is entitled for protection from transfer under

the extant guidelines. The petitioner has also a case that

vacancies are available at near by Stations and if at all the

transfer is warranted, he ought to be accommodated in one of

those Stations.

2.Learned Counsel for the petitioner submits that there

are two vacancies at Poonthura Section itself, one vacancy at

Fort Electrical Section and another at Puthenchantha WP(C) NO. 15918 OF 2022

Electrical Section, in Thiruvananthapuram District itself.

3.Learned Standing counsel for the respondent submits

that going by the priority under the transfer guide lines,

employees with personal illness are to be given choice

postings first and only thereafter the claim for choice priority

of employees on the ground of the disability of spouse will be

taken into account. As such, the disability of the petitioner's

wife by itself cannot be a ground for canceling his transfer.

Even though, I find no valid reason to quash the order of

transfer, the petitioner having pointed out open vacancies at

near by Stations, it is only appropriate to consider his

representation, (Ext.P8) taking into account the disability of

the his wife, and pass a reasoned order thereon. The order as

directed shall be passed within an outer limit of two weeks of

receipt of a copy of this judgment. Till such order is passed,

the petitioner shall be allowed to continue in his present

station. If the representation is pending before the 2 nd WP(C) NO. 15918 OF 2022

respondent, the said authority shall forward the

representation to the 1st respondent expeditiously. It is made

clear that the above directions are issued considering the

special facts and circumstances of the case at hand.

The writ petition is disposed of accordingly.

Sd/-

V.G ARUN JUDGE

SJ WP(C) NO. 15918 OF 2022

APPENDIX OF WP(C) 15918/2022

PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF CERTIFICATE DATED 6.3.2018 ISSUED BY THE STANDING DISABILITY ASSESSMENT BOARD OF GOVERNMENT GENERAL HOSPITAL, THIRUVANANTHAPURAM.

Exhibit P2 TRUE PHOTOCOPY OF REPRESENTATION DATED 11.3.2022 SUBMITTED BEFORE THE 1ST RESPONDENT.

Exhibit P3 TRUE PHOTOCOPY OF ORDER NO.

EB.4(B)/OVR(ELE)/PRO. 90/2022 DATED 24.03.2033 ISSUED BY THE 1ST RESPONDENT. Exhibit P4 TRUE PHOTOCOPY OF REPRESENTATION DATED 26.03.2022 SUBMITTED BEFORE THE 1ST RESPONDENT.

Exhibit P5 TRUE PHOTOCOPY OF REPRESENTATION DATED 06.05.2022 SUBMITTED BY THE 2ND RESPONDENT. Exhibit P6 TRUE PHOTOCOPY OF REPRESENTATION DATED 07.05.2022 SUBMITTED BY THE 1ST RESPONDENT. Exhibit P7 TRUE PHOTOCOPY OF MEMO DATED 07.05.2022 ISSUED BY 2ND RESPONDENT.

Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 23-05-

2022, SUBMITTED BEFORE THE 2ND RESPONDENT.