High Court of KeralaWP(C)/23726/2015disposed of

Raju V.E. v. Kerala State Electricity Board Ltd.

2015-08-18Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 18TH DAY OF AUGUST 2015/27TH SRAVANA, 1937 WP(C).NO. 23726 OF 2015 (M) ---------------------------- PETITIONER(S):

--------------- RAJU V.E., AGED 48 YEARS S/O.AYYAPPAN ENATHI, SENIOR SUPERINTENDENT KERALA STATE ELECTRICITY BOARD LTD.

ELECTRICAL SECTION, PANAMARAM WAYANAD (RESIDING AT VELAKUZHY, KOKKAPPILLY, ERNAKULAM) BY ADVS.SRI.S.KANNAN SMT.K.S.SANGEETHA SMT.S.SIMY RESPONDENT(S):

---------------

1. KERALA STATE ELECTRICITY BOARD LTD.

REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM PATTOM, THIRUVANANTHAPURAM, PIN 695004

2. THE CHIEF ENGINEER (HRM) KERALA STATE ELECTRICITY BOARD LTD.VYDYUTHI BHAVANAM PATTOM, THIRUVANANTHAPURAM, PIN 695004

3. THE DEPUTY CHIEF ENGINEER KERALA STATE ELECTRICITY BOARD LTD.

ELECTRICAL CIRCLE, KALPETTA, WAYANAD 673121

4. THE EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD LTD.

ELECTRICAL DIVISION, MANANTHAVADY, WAYANAD 670645

5. DEPUTY CHIEF ENGINEER KERALA STATE ELECTRICITY BOARD LTD.

ELECTRICAL CIRCLE, PERUMBAVOOR 683542 BY SRI.K.S.ANIL, SC, KSEB BY GOVERNMENT PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO. 23726 OF 2015 (M) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------- P1:A TRUE COPY OF THE RELEVANT EXTRACT OF ORDER ENDT. ON EB.3 A/SS/T&P/2015 DATED 08.07.2015 ISSUED BY THE 2ND RESPONDENT P1 (A):A TRUE COPY OF THE REPRESENTATION DATED 20.07.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT P2:A TRUE COPY OF THE REPRESENTATION DATED 30.07.2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT P3:A TRUE COPY OF THE COMMUNICATION DATED 24.07.2015 ISSUED BY THE 2ND RESPONDENT P4:A TRUE COPY OF THE JUDGMENT DATED 01.10.2014 IN WRIT PETITION CIVIL NO.25038/2014 P5:A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED IN FAVOUR OF THE MOTHER OF THE PETITIONER ISSUED FROM COMMUNITY HEALTH CENTRE, VADAVUCODE, ERNAKULAM RESPONDENT(S)' EXHIBITS:NIL --------------------------------------- //TRUE COPY// P.A TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. ............................................................. Dated this the 18th day of August, 2015

J U D G M E N T

The petitioner, who is working as a Senior Superintendent at Electrical Section, Panamaram, Wayanad, was transferred by Ext.P1 order to Electrical Circle, Perumbavoor. The grievance of the petitioner is that, notwithstanding Ext.P1 order of transfer, the petitioner has not been relieved from the present station at Wayanad to take up the responsibilities in Perumbavoor.

2. I have heard the learned counsel for the petitioner and the learned Standing counsel for the respondent Board. The learned standing counsel on instructions would submit that, the petitioner has not been relieved from Wayanad only because the respondent Board could not find a suitable replacement for the petitioner at Wayanad. Taking note of the submissions of the learned Standing counsel for the respondent Board and the fact that, there is no decision by the respondent Board to cancel Ext.P1 order of transfer that was issued in respect of the petitioner, I do not see any justification on the part of the respondent Board in retaining the petitioner at Wayanad. Accordingly, there will be a direction to the respondent Board to

relieve the petitioner within a period of two weeks from the date of receipt of a copy of this judgment, so as to enable the petitioner to take up his assignment at Electrical Circle, Perumbavoor. Counsel for the petitioner would also submit that by Ext.P1 (a) representation, he has approached the respondents with a prayer for considering his transfer to Ernakulam and the same has been pending consideration by respondents without any response from them. Taking note of the said submission, while disposing this writ petition, I also direct the 2nd respondent to consider and pass orders on Ext.P1 (a) representation preferred by the petitioner within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment before the 2nd respondent for further action in this regard. The writ petition is disposed as above.

A.K.JAYASANKARAN NAMBIAR JUDGE mns