Anil P.S. v. Kerala State Electricity Board Ltd.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 19TH DAY OF OCTOBER 2015/27TH ASWINA, 1937 WP(C).No. 31839 of 2015 (D) ---------------------------- PETITIONERS:

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ANIL P.S. AGED 45 YEARS, S/O. SUKUMARAN (LATE) LINEMAN GRADE I, KERALA STATE ELECTICITY BOARD LTD., ELECTRICAL SECTION, CENTRAL ERNAKULAM, (RESIDING AT PANKERITHUNDI, PALARIVATTOM, ERNAKULAM) 2.

MARTIN T.D. GED 47 YEARS, S/O. T.P. DEVASSY, LINEMAN GRADE I, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, CHERANELLOOR, ERNAKULAM (RESIDING AT CHALYAKODATH HOUSE, PADIVATTOM PO., ERANKULAM) BY ADVS.SRI.S.KANNAN SMT.K.S.SANGEETHA SMT.S.SIMY RESPONDENTS:

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KERALA STATE ELECTRICITY BOARD LTD., REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM - 695 004 2.

CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM 695 004.

3.

DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL CIRCLE, POWER HOUSE, ERNAKULAM 682 018 4.

EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL DIVISION, POWER HOUSE, ERNAKULAM 682 018 5.

SAIPHU P.S., LINEMAN GRADE I, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, VYTTILA, ERNAKULAM 682 020.

BY SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-10-2015, ALONG WITH WPC NOS. 31842 & 31845/2015 THE COURT ON T HE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31839 of 2015 (D) APPENDIX PETITIONER'S EXHIBITS P1 :

A TRUE COPY OF THE BO (CM) NO.945/2013 (EB.7/GENERAL TRANSFER/2013), DATED 24.04.2013 P2 :

A TRUE COPY OF THE RLEVANT EXTRACT OF MINUTES OF THE MEETING CONVENED ON 21.07.2015 TO FRAME THE TRANSFER POLICES FOR GENERAL TRANSFER 2015 P3 :

A TRUE COPY OF THE RELEVANT EXTRACT OF SENIORITY LIST OF LINEMAN WORKING IN ERNAKULAM, ISSUED BY THE 2ND RESPONDENT AND DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE 1ST RESPONDENT P4 :

A TRUE COPY OF THE RELEVANT EXTRACT OF ORDER ENDT.ON EB.4 (A)/T&P/GT/2015 DATED 26.08.2015 ISSUED BY THE 2ND RESPONDENT P5 :

A TRUE COPY OF THE RELEVANT EXTRACT OF TRANSFER ORDER DATED 18.09.2015 ISSUED BY THE 2ND RESPONDENT P6 :

A TRUE COPY OF THE TRANSFER ORDER DATED 22.09.2015 ISSUED BY THE 2ND RESPONDENT P7 :

A T RUE COPY OF THE CERTIFICATE ISSUED FROM THE VILLAGE OFFICER, POONITHURA DATED 18.09.2015 P8 :

A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE 2ND RESPONDENT P9 :

A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITOINER BEFORE 2ND RESPONDENT P10 :

A TRUE COPY OF THE LETTER DATED 29.09.2015 ISSUED BY THE 2ND RESPONDENT //TRUE COPY// P.A. TO JUDGE JJJ

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 31839, 31842 & 31845 of 2015 ------------------------------------------ Dated this the 19th day of October, 2015

J U D G M E N T

All the petitioners are Lineman Grade-I in the respondent Corporation. The petitioners' contention is that the transfer now effected of the petitioners is against the minutes of the meeting with representatives of various trade unions regarding General Transfer 2015 of Workmen. 2.

The Minutes, at Ext.P2, indicates that none who were posted to the present post after 30.9.2005 would be transferred. All the petitioners are said to have been transferred to the present post after 30.9.2005. 3.

In such circumstance, it is only proper that the Chief Engineer (HRM), the 2nd respondent herein, consider their claim. Till such consideration is made, the transfer, in the case of the respective petitioners (Ext.P4), shall stand

W.P.(C) Nos.31839, 31842 & 31845/2015 -2stayed. The consideration shall be made, if necessary, after a hearing within three weeks from the date of this judgment. The petitioners shall be informed the date of hearing through their Head of Office.

The writ petitions are disposed of.

Sd/- K.VINOD CHANDRAN, JUDGE jjj 19/10/15