Xavier Jose K. v. The Kerala State Electricity Board

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2015/25TH BHADRA, 1937 WP(C).No. 28119 of 2015 (L) ---------------------------- PETITIONER:

------------------- XAVIER JOSE K. AGED 48 YEARS SUB ENGINEER (CIVIL), INVESTIGATION CIRCLE, VYDHYUTHI BHAVAN, KERALA STATE ELECTRICITY BOARD, THRISSUR - 680004.

BY ADVS.SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENTS:

------------------------ 1.

THE KERALA STATE ELECTRICITY BOARD, REP. BY THE SECRETARY, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004.

2.

CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004 3.

SAJITHA K.A., SUB ENGINNER (CIVIL) INVESTIGATION SUB DIVISION, NENMARA, PALAKKAD DISTRICT 678 508.

R1 & R2 BY SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 28119 of 2015 (L) APPENDIX PETITIONER'S EXHIBITS P1 :

TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 12.3.2003 P2 :

TRUE COPY OF THE GUIDELINE BEARING NO.BO (CM) NO945/2013 (EB.7) GENERAL TRANSFER/2013 DATED 24.4.2013 P3 :

TRUE COPY OF THE SENIORITY LIST OF SUB ENGINEER (CIVIL)- GENERAL TRANSFER 2015 ISSUED BY THE BOARD P4 :

TRUE COPY OF THE TRANSFER ORDER DATED 31.8.2015 P5 :

TRUE COPY OF THE COVERING LETTER OF THE DEPUTY CHIEF ENGINEER, THRISSUR ALONG WITH THE REPRESENTATION OF THE PETITIONER P6 :

TRUE COPY OF THE TRANSFER ORDER DATED 10.9.2015 ISSUED BY THE BOARD.

RESPONDENT'S EXHIBITS NIL //TRUE COPY// P.A. TO JUDGE JJJ

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 28119 of 2015 (L) ------------------------------------------ Dated this the 16th day of September, 2015

J U D G M E N T

The petitioner is a person who has 50% permanent disability and was granted protection from transfer in the earlier instances. The petitioner had been transferred by Ext.P4. The petitioner made a representation by Ext.P5, subsequent to the transfer order being issued. Disregarding the same, the Board now issued Ext.P6 order of transfer. 2.

In such circumstance, Ext.P5 representation shall be considered by the Chief Engineer (HRM), the 2nd t respondent herein, within a period of one month from the date of receipt of a certified copy of this judgment. Till then, the petitioner's transfer shall be kept in abeyance. The petitioner shall appear before the 2nd respondent's office on 23.09.2015 and the office shall give a date of personal hearing to the petitioner, on which date, the

W.P.(C) No.28119/2015 -2petitioner shall be heard and orders passed. The writ petition is disposed of.

Sd/- K.VINOD CHANDRAN, JUDGE jjj