Kerala High Court
Suresh Babu.R vs State Of Kerala on 6 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 19544 OF 2024
PETITIONER:
SURESH BABU.R,
AGED 52 YEARS S/O.N.B.RAJAGOPAL GOPIKA BHAVAN
VAYALILKADA VATTIYOORKAVU.P.O THIRUVANANTHAPURAM,
PIN - 695013
BY ADVS. V.PHILIP MATHEWS E.RADHAKRISHNAN ASHISH
MATHEW JOHN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF
POWER, KERALA GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 AGENCY FOR NEW AND RENEWABLE ENERGY RESEARCH AND
TECHNOLOGY (ANERT PMG - LAW COLLEGE ROAD, VIKAS
BHAVAN. P.O., THIRUVANANTHAPURAM REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER. (CEO), PIN - 695033
3 THE CHIEF EXECUTIVE OFFICER (C E O),
AGENCY FOR NEW AND RENEWABLE ENERGY RESEARCH AND
TECHNOLOGY (ANERT), PMG - LAW COLLEGE ROAD, VIKAS
BHAVAN. P.O., THIRUVANANTHAPURAM, PIN - 695033
BY ADVS. T.R.HARIKUMAR ARJUN RAGHAVAN(K/1277/2012)
OTHER PRESENT:
GP SMT ANIMA M
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 19544/2024
-2-
JUDGMENT
(Dated this the 6th day of June 2024)
The petitioner is working as Senior Technical Assistant
(Sub Engineer) under the 2nd respondent. As per Ext.P5, he
has been transferred from Thiruvananthapuram to Idukki to
attend the Ramakkalmedu project, which, according to the
petitioner, is more than 60 kms away from Idukki District
Office. He could not join to the place where he has been
transferred, as per Ext.P5 due to health problems. He has
been undergoing Cardiac treatment in Sree Chitra Tirunal
Institute for Medical Sciences and Technology, Trivandrum for
several years. He had undergone an open heart surgery on
06.03.2024 at Caritas Hospital & Institute of Health Sciences,
Kottayam. Therefore, he applied for leave and that was
allowed by the 3rd respondent. The petitioner's father is aged
84 years and is a cancer patient who is undergoing treatment
at Regional Cancer Centre, Thiruvananthapuram. The
petitioner's father is residing with him, and there is no other
person to look after. Therefore, he filed Ext.P11
representation before the 1st respondent on 15.05.2024. The
petitioner seeks disposal of Ext.P11 within a time frame.
2. The Standing Counsel for the 2nd respondent
submitted that the post from which the petitioner has been
transferred is not filled up by any other person.
Taking note of the said fact, this writ petition is disposed
of, directing the 1st respondent to take up Ext.P11 and pass
appropriate orders within a period of one month from the
date of receipt of a copy of this judgment. Till Ext.P11 is
disposed of by the 1st respondent, the petitioner shall be
allowed to continue in the post from which he has been
transferred.
Sd/-
BASANT BALAJI
JUDGE
JS
APPENDIX OF WP(C) 19544/2024
PETITIONER EXHIBITS
Exhibit P 1 TRUE COPY OF G.O.(MS) NO.12/2004/PD DATED 5.6.2004
ISSUED BY THE FIRST RESPONDENT ALONG WITH
MEMORANDUM OF ASSOCIATION AND RULES AND
REGULATIONS OF SECOND RESPONDENT
Exhibit P2 TRUE COPY OF G.O.(MS) NO.26/2015/PD DATED 17.7.2015
Exhibit P 3 TRUE COPY OF G.O. (MS) NO.8/2021/POWER DATED 25.2.2021
ALONG WITH RELEVANT PAGES OF THE REPORT
Exhibit P 4 TRUE COPY OF G.O.(MS) NO.12/2021/POWER DATED 19.3.2021
Exhibit P 5 TRUE COPY OF ORDER NO.A.O.NO.29/2024/ANERT DATED
01.02.2024 ISSUED BY THE THIRD RESPONDENT
Exhibit P6 TRUE COPY OF ORDER A.O.NO.43/2024/ANERT DATED
27.2.2024 ISSUED BY THE THIRD RESPONDENT
Exhibit P 7 TRUE COPY OF ORDER A.O.NO.74/2024/ANERT DATED
23.3.2024 ISSUED BY THE THIRD RESPONDENT
Exhibit P 8 TRUE COPY OF ORDER A.O.NO.93/2024/ANERT DATED
16.5.2024 ISSUED BY THE THIRD RESPONDENT
Exhibit P9 TRUE COPY OF MEDICAL CERTIFICATE DATED 14.3.2024
ISSUED BY DR.RAJESH M RAMANKUTTY, TO THE PETITIONER
Exhibit P 10 TRUE COPY OF REPRESENTATION DATED 15.5.2024
SUBMITTED BEFORE THE THIRD RESPONDENT BY PETITIONER
Exhibit P 11 TRUE COPY OF REPRESENTATION DATED 15.5.2024
SUBMITTED BEFORE THE SECRETARY, DEPARTMENT OF
POWER BY PETITIONER
Exhibit P 12 TRUE COPY OF JUDGMENT DATED 22.2.2013 IN W.P.(C)
NO.24703 OF 2012 (K) OF THIS HON'BLE COURT
