Disposed

Bijoy Kumar v., S/O.Velayudhan v. the Kerala State Electricity Board

Kerala HC10 Oct 2013WP(C)/24190/2013

Case brief

AI extract

What is this about?

The High Court at Ernakulam disposed of a writ petition challenging delays in implementing a transfer order against a petitioner employee. The court directed the respondent to implement the order within one month and permit the appointment of a substitute.

What did the court decide?

Direction to respondents to implement the transfer order within one month and to post a substitute to enable the petitioner's relief.

Bijoy Kumar v., S/O.Velayudhan Vs the Kerala… — Labour and Industrial Disputes | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

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THURSDAY, THE 10TH DAY OF OCTOBER 2013/18TH ASWINA, 1935

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WP(C).No. 24190 of 2013 (W)

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PETITIONER(S):

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BIJOY KUMAR V., S/O.VELAYUDHAN AGED 30 YEARS, JR.ASST KSEB ELECTRICAL SECTION- PADINJARANGADI ELECTRICAL DIVISION-SHORNUR PALAKKAD DISTRICT.

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BY ADV. SRI.JACOB SEBASTIAN

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RESPONDENT(S):

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1. THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, PATTOM THIRUVANANTHAPURAM, PIN - 695 004.

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2. THE CHIEF ENGINEER HUMAN RESOURCES MANAGEMENT KERALA STATE ELECTRICITY BOARD, PATTOM THIRUVANANTHAPURAM, PIN -695 004.

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3. THE EXECUTIVE ENGINEER ELECTRICAL DIVISION KERALA STATE ELECTRICITY BOARD SHORNUR PALAKKAD DISTRICT, PIN-679 121.

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4. THE DEPUTY CHIEF ENGINEER KERALA STATE ELECTRICITY BOARD ELECTRICAL CIRCLE PALAKKAD, PIN 678 001.

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BY SRI.K.S.ANIL, SC, KSEB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 24190 of 2013 (W)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1 - TRUE COPY OF THE ORDER DATED 09-05-2013 ISSUED BYTHE 2ND RESPONDENT

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EXT.P2 - TRUE COPY OF THE APPLICATION DATED 22-05-2013 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

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RESPONDENT(S)' EXHIBITS:

NIL

//TRUE COPY//

P.A. TO JUDGE

dlk

C.T.RAVIKUMAR, J

W.P.(C) No.24190 of 2013

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Dated this the 10^th day of October, 2013

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JUDGMENT

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The petitioner is a Cashier under the Kerala State Electricity Board presently working at Electrical Circle, Padinjarangadi. He has been placed under orders of transfer as per Ext.P1. The grievance of the petitioner pertains to the delay in the matter of its implementation. The learned standing counsel on instructions submitted that the delay in the matter of implementation of Ext.P1 is only on account of delay in finding the substitute of the petitioner. The learned standing counsel further brought to my attention Note 2 in Ext. P2. It reads thus:-

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“The transferees may be relieved without affecting cash collection.”

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It is therefore submitted that Ext.P1 itself it was

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made clear that the transferees would be relieved only in a manner without affecting the cash collection. At the same time, there is no case for the respondents that Ext.P1 order was subsequently cancelled or modified and admittedly, it is still in force. Ext.P1 is dated 9.5.2013.

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W.P.(C) No.24190 of 2013

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In such circumstances I am inclined to dispose of this writ petition with a direction to the first respondent to implement Ext.P1 order to the extent it pertains to the petitioner within a

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period of one month from the date of receipt of a copy of this

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judgment. It will be open to the respondent to identify and post the substitute in the meanwhile to enable the petitioner to be relieved.

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Sd/-

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C.T.RAVIKUMAR,JUDGE.

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dlk

Bijoy Kumar v., S/O.Velayudhan v. the Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

Bijoy Kumar v., S/O.Velayudhan v. the Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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