A review petition by the K.S.E.B. Board seeking recall of an order mandating transfer of three employees was allowed. The primary reason cited was that the destination office had not yet commenced, rendering the original order impractical to enforce.
The review petition is allowed and the judgment dated 22.03.2016 in W.P.(C) No. 10996/2016 is recalled.
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 K.VINOD CHANDRAN
TUESDAY, THE 12TH DAY OF APRIL 2016/23RD CHAITHRA, 1938
RP.No. 352 of 2016 () IN WP(C).10996/2016
AGAINST THE JUDGMENT IN WP(C) 10996/2016 of HIGH COURT OF KERALA DATED 22.03.2016
REVIEW PETITIONERS/RESPONDENTS:
1. THE CHIEF ENGINEER OFFICE OF THE CHIEF ENGINEER, (DISTRIBUTION ERNAKULAM REGION), K.S.E.B. LTD., D.H. ROAD, ERNAKULAM-682 016.
2. THE DEPUTY CHIEF ENGINEER K.S.E.B LTD., ELECTRICAL CIRCLE, HARIPPAD, ALAPPUZHA-688 011.
3. THE EXECUTIVE ENGINEER K.S.E.B. LTD., VYDYUTHI BHAVAN, ELECTRICAL DIVISION, ALAPPUZHA-688 001.
BY ADV. SRI.K.S.ANIL, SC, KSEB
RESPONDENTS/PETITIONERS:
1. ABDUL KALAM AGED 42 YEARS, S/O.HIDROSE, OVERSEER, KSEB ELECTRICAL SECTION, PUNNAPPRA, ALAPPUZHA.
2. SUDHAKARAN K.K., AGED 41 YEARS, S/O. KOCHUKUNJU, OVERSEAR, KSEB ELECTRICAL SECTION, PUNNAPPRA, ALAPPUZHA
3. SANTHOSHKUMAR K.S S/O.SHANMUGADAS, LINEMAN, KSEB ELECTRICAL SECTION, TOWN, ALAPPUZHA.
BY SRI.SHERRY J. THOMAS
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 12-04-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
JJJ
K. VINOD CHANDRAN, J.
Review Petition No. 352 of 2016 in W.P.(C) No. 10996 of 2016 (Y)
Dated this the 12th day of April, 2016
O R D E R
The above writ petition was filed by three employees of the Board, who were transferred to a particular post and whose transfers were kept in abeyance only for reason of the coming into force of the Model Code of Conduct. This Court had directed relieving of the petitioners so as to join at the transferred post.
Review Petition No. 352 of 2016 in W.P.(C) No. 10996 of 2016 (Y)
-2-
In such circumstance, the review petition is
allowed. The judgment dated 22.03.2016 in W.P.(C) No. 10996/2016 is recalled.
Sd/K.VINOD CHANDRAN, JUDGE
//True Copy//
P.A. to Judge
jjj 13/4/16
1 issue framed by the court
Whether the review petition filed by the employer due to non-commencement of the transferred post should be allowed.
K.S.E.B. Ltd. (Chief Engineer/Deputy Chief Engineer/Executive Engineer)
Abdul Kalam and Others
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
