Kavya vs Kerala State Electricity Board Limited
2024 Latest Caselaw 5048 Ker

Kerala High Court

Kavya vs Kerala State Electricity Board Limited on 15 February, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR.JUSTICE BASANT BALAJI

     THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945

                         WP(C) NO. 33459 OF 2023

PETITIONER:
              KAVYA
              AGED 36 YEARS
              W/O. SANAL KUMAR P.M.,
              JUNIOR FAIR COPY ASSISTANT, K.S.E.B. LTD.,
              ELECTRICAL DIVISION, PERUMBAVOOR, ERNAKULAM,
              RESIDING AT RAMASADANAM HOUSE, THIRUMARADI P.O.,
              KOOTHATTUKULAM, ERNAKULAM DISTRICT,, PIN - 686662
              BY ADVS. MATHEW KURIAKOSE J.KRISHNAKUMAR (ADOOR)
              C.N.PRAKASH MONI GEORGE SHAJI P.K. PREETHU JAGATHY
              ARUN.S.

RESPONDENTS:
     1     KERALA STATE ELECTRICITY BOARD LIMITED
           VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM
           REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 695004
     2     THE CHIEF ENGINEER (HUMAN RESOURCES MANAGEMENT),
           KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI
           BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN - 695004
     3     THE EXECUTIVE ENGINEER,
           K.S.E.B. LTD., ELECTRICAL DIVISION, POOPPANI
           ROAD,PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683542
     4     SHANIJA K.U.,
           CODE : 1101398) JUNIOR FAIR COPY ASSISTANT,
           K.S.E.B. LTD., KOTHAMANGALAM GENERATION CIRCLE,
           MOOVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686666
     5     SELEENA ASSIS (CODE : 1058774),
           JUNIOR FAIR COPY ASSISTANT,
           K.S.E.B. LTD., KOTHAMANGALAM TRANSMISSION DIVISION,
           MOOVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686666
     6     LATHIKA P.C.
           JUNIOR FAIR COPY ASSISTANT, K.S.E.B. LTD., CIVIL CIRCLE,
           KOTHAMANGALAM, MOOVATTUPUZHA, ERNAKULAM DISTRICT6,
           PIN - 686666
 WPC 33459/2023
                                -2-

OTHER PRESENT:

          SC SRI. K.S ANIL

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 33459/2023
                               -3-


                           JUDGMENT

(Dated this the 15th day of February 2024)

The petitioner is working as Junior Fair Copy Assistant in

the 1st respondent-Board. She challenges Ext.P2 transfer order,

whereby the juniors of the petitioner have been given preference

and transferred at their request. The petitioner joined the

service of the Board on 11.07.2008 as Junior Fair Copy

Assistant. She is a native of Thirumarady, near Koothattukulam.

The request of the petitioner for transfer has been rejected, and

respondents 4 and 6, who are junior to her and whose request

has been taken into consideration, have been granted transfer,

retaining the petitioner in the office, though she has completed

more than three years in the said office.

2. The petitioner contends that respondents 4 and 6,

who are junior to her, should not have been considered before

considering the petitioner's request, even if it is taken as the

date of joining or station seniority. Therefore, the transfer

effected to respondents 4 and 6 is not in terms of the order as

Ext.P3.

3. A counter-affidavit is filed on behalf of respondents 1

to 3, in which it is stated that the general transfer orders are

issued on the basis of Transfer Guidelines. The petitioner

entered into service on 11.07.2008 and has been working in

Ernakulam District itself till now. She has been working in the

Electrical Divsion, Perumbavoor with effect from 22.08.2019 and

she applied for General Transfer 2023. Her first choice was

Generation Circle Kothamangalam; second Transmission Division

Kothamangalam; and third Civil Circle Kothamangalam. The 4 th

respondent, who has been working in the Electrical Division

Moovattupuzha, applied for General Transfer, and her first

choice was Generation Circle Kothamangalam; second Civil

Circle Kothamangalam; third Transmission Division

Kothamangalam; and fourth Electrical Division Moovattupuzha.

The 5th respondent has been working in the Generation Circle

Kothamangalam, and she applied for transfer. Her first choice

was Transmission Division Kothamangalam; second Electrical

Division Moovattupuzha; third Generation Circle

Kothamangalam; and fourth Civil Circle Kothamangalam.

4. It is specifically stated in the counter-affidavit that

respondents 4 and 5 are senior-most persons than the petitioner.

That is why their choices were taken into consideration before

the petitioner's request. As far as the 6 th respondent is

concerned, she has been working in the Civil Circle

Kothamangalam and she is a widow. As per the Transfer

Guidelines, "widow employees will not normally be transferred

out till remarriage". Hence she was protected in the office.

5. Heard the counsel for the petitioner as well as the

Standing Counsel for the Kerala State Electricity Board Limited.

6. The counsel for the petitioner has brought to the

notice of this Court, Note 3 of Clause II in Ext.P3, which

defines 'Station' and reads as follows:

"Note 3: Station means all offices situated within the geographical area of an Electrical Division. However, in the case of the Junior Assistants/ Cashiers and the Senior Assistants, offices situated within the geographical area of an Electrical Circle altogether will be treated as their 'Station'; whereas, offices situated within the geographical area of a District as a whole will be considered as the 'Station' in respect of Confidential Assistant, Junior Fair Copy Assistant, Senior Fair Copy Assistant, Overseer (Civil) & Sub Engineer (Civil). The total continuous service in all the offices within the station will be reckoned as the service at that station. For calculating station seniority, stations within the domicile district are also to be considered, the seniority of station and stations within the domicile district will be reckoned as combined seniority. The Distance-Days- Value (DDV) based Seniority List will be published well in advance, every year, in connection with the General Transfer".

So the petitioner being a Junior Fair Copy Assistant, the station

has to be taken as within geographical area of a District as a

whole. It can be seen that the petitioner joined the District on

15.10.2008 whereas 4th respondent joined the District only on

25.06.2014. The joining date of the petitioner is 11.07.2008

whereas the 4th respondent joined the service on 25.06.2014.

So if the date of joining or station seniority is taken, the

petitioner is admittedly senior. Therefore, the contention raised

by the counsel for the respondents that respondents 4 and 6 are

senior to the petitioner is not correct. The petitioner is

admittedly senior to respondents 4 and 6 with regard to station.

The petitioner has already moved the 2nd respondent with Ext.P5

representation through the proper channel 07.07.2023 to get a

favourable transfer order in any of the three choices made by

her.

7. Notice issued to respondents 4 to 6 by special

messenger has been served, and none appeared.

8. Therefore, taking into consideration the facts and

circumstances of the case as well as the station seniority of the

petitioner, there will be a direction to the 2 nd respondent to

take up Ext.P5 representation and give an opportunity of

hearing to the petitioner as well as the respondents, by taking

into consideration Note 3 of Clause II of Ext.P3. The 2 nd

respondent shall pass appropriate orders on the representation

within a period of six weeks from the date of receipt of a copy

of the judgment. While, considering the request, since the

annual general transfer is due, the respondents shall take into

consideration a mutual transfer of 4 th respondent with the

petitioner.

Sd/-

BASANT BALAJI JUDGE JS

APPENDIX OF WP(C) 33459/2023

PETITIONER EXHIBITS

Exhibit P 1 TRUE COPY OF THE EMPLOYEE INCUMBENCY DETAILS OF THE PETITIONER Exhibit P 2 TRUE COPY OF THE GENERAL TRANSFER ORDER DATED 05.07.2023 ISSUED AS PER THE PROCEEDINGS OF THE 2ND RESPONDENT HEREIN, THE CHIEF ENGINEER (HRM), KSEB LTD., THIRUVANANTHAPURAM Exhibit P 3 TRUE COPY OF THE RELEVANT PAGES OF THE GUIDELINES FOR ONLINE GENERAL TRANSFER OF THE WORKMEN ISSUED BY THE 1ST RESPONDENT, BO (FTD) NO.83/2023 [PS1(A)/ OLGT-2023/ GUIDELINES FOR WORKMEN] DATED TVPM 27.02.2023 Exhibit P 4 TRUE COPY OF THE ORDER CUM COMMUNICATION NO. E.B.7/ GENERAL/ GT - 2023 / SHUFFLING/ 2023 DATED 19.06.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P 5 TRUE COPY OF REPRESENTATION DATED 07.07.2023 SUBMITTED BY THE PETITIONER THROUGH PROPER CHANNEL TO THE SECOND RESPONDENT WITH COVERING LETTER OF THE 3RD RESPONDENT Exhibit P 6 TRUE COPY OF THE DETAILS OF THE ONLINE GRIEVANCE ENTRY SUBMITTED BY THE PETITIONER Exhibit P 7 TRUE COPY OF REPRESENTATION DATED 07.07.2023 SUBMITTED BY THE HUSBAND OF THE PETITIONER TO THE HON'BLE MINISTER FOR ELECTRICITY DEPARTMENT OF THE GOVERNMENT OF KERALA Exhibit P 7 TRUE COPY OF THE INTIMATION DATED 27.07.2023 ISSUED [ a ] FROM THE OFFICE OF THE MINISTER FOR ELECTRICITY DEPARTMENT OF THE GOVERNMENT OF KERALA WITH ENVELOPE ADDRESSED TO SANAL KUMAR P.M., THE HUSBAND OF THE PETITIONER Exhibit P 8 . TRUE COPY OF THE EMPLOYEE INCUMBENCY DETAILS OF RESPONDENT NO. 4, SHAJINA K.U