The High Court dismissed this writ appeal against a Single Judge's order upholding the rejection of a transfer petition within the Kerala State Electricity Board. The Board held that no seniority adjustment was required as the petitioner had not been transferred in the last decade.
Writ appeal dismissed; no interference with the Single Judge's judgment.
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 THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN &
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 2ND DAY OF SEPTEMBER 2014/11TH BHADRA, 1936
WA.No. 1218 of 2014 () IN WP(C).19620/2014
AGAINST THE JUDGMENT IN WP(C) 19620/2014 of HIGH COURT OF KERALA DATED 12-08-2014 APPELLANT(S)/PETITIONER:
MOHANAN AGED 53 YEARS S/O.GANGADHARAN, OVERSEER, ELECTRICAL SUB SECTION PATHIRAPPALLY, KERALA STATE ELECTRICITY BOARD PATHIRAPPALLY P.O., ALAPPUZHA DISTRICT.
BY ADVS.SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA
RESPONDENT(S)/RESPONDENTS:
BY SRI.K.S.ANIL, STANDING COUNSEL, KSEB
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02-09-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.NO. 1218 OF 2014
APPENDIX
PETITIONER'S EXHIBITS
ANNEXURE - A1 - TRUE COPY OF THE ORDER NO B.O.(CM).No.946/2013 (EB.7/GENERAL TRANSFER/2013) DATED 24.4.2013 OF THE 1ST RESPONDENT.
RESPONDENT'S EXHIBITS
NIL
// TRUE COPY //
P.A. TO JUDGE
sou.
ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J.
W.A. No. 1218 of 2014
Dated this the 2nd day of September, 2014
J U D G M E N T
A.M.Shaffique J
The writ petitioner is the appellant. The petitioner challenges the judgment dated 12.8.2014 in WP(C).No.19620 of 2014. The writ petition is filed challenging Ext.P7 transferring the petitioner from Allapuzha circle to Kasargode circle. The main contention urged by the petitioner was that in the Station Seniority List, which is one of the criteria for deciding priority in the matter of request for general transfer, the petitioner is to be placed below the fifth respondent. The petitioner submitted a representation to the second respondent for correcting the anomaly. The petitioner referred to an earlier judgment of this court in WP(C).No.15469 of 2014 by which a direction was issued by this court directing the respondent authorities to consider the representation of the petitioner produced as Ext.P2. In the said case, there was a direction to take an appropriate decision after affording an opportunity to the petitioner of being heard within one month.
WA. No. 1218 of 2014
2
has pointed out certain anomalies in the Station Seniority List prepared by the respondent in regard to the petitioner and the 5th respondent. According to the petitioner, no orders were passed. That apart, it is contended that the petitioner being an intercaste married person is entitled to certain benefits. Learned Single Judge after considering the writ petition dismissed the writ petition forming an opinion that petitioner is not entitled for the benefit given to intercaste married couple as already the maximum span of five years has expired. So also the petitioner had a case that he was entitled to continue at Alapuzha claiming the right to have a posting in the place where his spouse is posted. It is found that the maximum span of three years for claiming the said right has already expired. So that benefit is also not available.
WA. No. 1218 of 2014
3
counsel appearing for the petitioner. In the said order dated 21.7.2014 the respondent Board has come to a conclusion that the petitioner is not transferred out of the Electrical Circle, Alapuzha during the last ten years and no change in station seniority list is required. It is also observed that on a comparison it is found that the petitioner is working in the present circle from 3.12.2004 whereas the fifth respondent is working in the Alapuzha circle only from 5.2.2010.
Accordingly the writ appeal is dismissed.
Sd/- ASHOK BHUSHAN, ACTING CHIEF JUSTICE
Sd/- A.M.SHAFFIQUE, JUDGE.
sou.
// True copy //
1 issue framed by the court
Whether the High Court should interfere when the respondent Board has already passed an order concluding that no transfer is required and no change in station seniority list is needed.
1 provisions across 1 enactments
Mohananan
Kerala State Electricity Board
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
