In this writ petition concerning service transfer, the Director, High Court of Kerala directed the Chief Engineer, KSEB, to consider the petitioner's representation for transfer and pass appropriate orders within one month.
Direction to the 2nd respondent to consider and pass appropriate orders on the petitioner's representation within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
WEDNESDAY, THE 30TH DAY OF OCTOBER 2013/8TH KARTHIKA, 1935
WP(C).No. 26506 of 2013 (K)
PETITIONER(S):
JOHNY M.P. S/O/PORINCHU, MOOTHEDAN HOUSE V.R.PURAM P.O., CHALAKUDY, PIN-680 722.
BY ADV. SRI.M.A.ABDUL HAKHIM
RESPONDENT(S):
1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS CHAIRMAN, VIDHYUTHI BHAVAN, THIRUVANANTHAPURAM, PIN-695 001.
2. CHIEF ENGINEER, HRM, KERALA STATE ELECTRICITY BOARD, VIDHYUTHI BHAVAN, THIRUVANANTHAPURAM, PIN-695 001.
3. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KASARAGOD, PIN-671 121.
4. THE REGIONAL AUDIT OFFICER, REGIONAL AUDIT OFFICE, VIDHYUTHI BHAVAN, PEERUMBAVOOR, PIN-683 542.
BY SRI.K.S.ANIL, SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 26506 of 2013 (K)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1:A PHOTOSTAT COPY OF THE ONLINE APPLICATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P2:A PHOTOSTAT COPY OF THE CERTIFICATE ISSUED BY THE PALACE HOSPITAL PRIVATE LIMITED, CHALAKKUDY.
EXHIBIT P3:A PHOTOSTAT COPY OF THE CERTIFICATE ISSUED BY THE JUBILEE MEDICAL MISSION HOSPITAL, THRISSUR.
EXHIBIT P4:A PHOTOSTAT COPY OF THE CERTIFICATE OF DEPENDENCY ISSUED BY THE VILLAGE OFFICER, PERAMBRA.
EXHIBIT P5:A PHOTOSTAT COPY OF THE REQUEST SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P6:A PHOTOSTAT COPY OF THE EMPLOYMENT CERTIFICATE OF THE WIFE OF THE PETITIONER.
EXHIBIT P7:A PHOTOSTAT COPY OF THE GENERAL TRANSFER ORDER ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P8:A PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE CHAIRMAN OF THE 1ST RESPONDENT.
EXHIBIT P9: A PHOTOSTAT COPY OF THE 29 REVISED TRANSFER ORDER PASSED BY THE 2ND RESPONDENT.
EXHIBIT P10:A PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS:
NIL
R.AV
//TRUE COPY//
PA TO JUDGE
C.T.RAVIKUMAR.J.
=================
W.P.C.NO. 26506 OF 2013
=====================
Dated this the 30th day of October 2013.
JUDGMENT
The petitioner is a Senior Superintendent under the Kerala State Electricity Board presently working in the 3rd respondent's office at Kasaragod. Taking note of the fact a vacancy in the category of Senior Superintendent is available under the 4th respondent office he submitted an application seeking transfer. It is its non-consideration that constrained the petitioner to file the captioned writ petition.
I have heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondents. I am inclined to dispose of this writ petition without making any observation, as to the merits of the contentions, with a direction to the 2nd respondent to consider and pass appropriate orders on Ext.P10 representation submitted by the petitioner. It shall be done expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment.
C.T.RAVIKUMAR, JUDGE
R.AV
2 issues framed by the court
Whether the petitioner is entitled to a direction for the consideration of his transfer application.
Whether the 2nd respondent should pass an appropriate order on the petitioner's representation.
JOHNY M.P.
KERALA STATE ELECTRICITY BOARD
CHIEF ENGINEER, HRM, KERALA STATE ELECTRICITY BOARD
THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KASARAGOD
THE REGIONAL AUDIT OFFICER
C.T.RAVIKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
