In a service dispute, the Kerala HC declared that the petitioner could file an appeal against the impugned transfer order before the KSEB, failing which the petition would be disposed of without deciding merits.
Petitioner allowed liberty to file an appeal before KSEB within one week; petition ultimately disposed of.
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 ALEXANDER THOMAS
WEDNESDAY, THE 3RD DAY OF AUGUST 2016/12TH SRAVANA, 1938
WP(C).No. 25366 of 2016 (U)
PETITIONER(S):
1. PRAPANCHAN .K.R, SENIOR SUPERINTENDENT, KERALA STATE ELECTRICITY BOARD LTD, TRANSMISSION CIRCLE, ALAPPUZHA 688 007.
BY ADVS.SRI.ELVIN PETER P.J.
SRI.T.G.SUNIL (PRANAVAM) SRI.K.R.GANESH
RESPONDENT(S):
1. THE KERALA STATE ELECTRICITY BOARD LTD, REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR, VAIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM 695 004.
2. THE KERALA STATE ELECTRICITY BOARD LTD, REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM 695 004.
3. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD LTD, VAIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM 695 004.
4. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARDE LTD, TRANSMISSION CIRCLE, ALAPPUZHA 688 007.
R BY SRI.K.S.ANIL, SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-082016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 25366 of 2016 (U)
APPENDIX
PETITIONER(S)' EXHIBITS
----------------------EXHIBIT P1 TRUE COPY OF THE INCUMBENCY DETAILS OF THE PETITIONER DOWNLOADED FROM THE WEBSITE OF THE BOARD. EXHIBIT P2 TRUE COPY OF BOARD ORDER DATED 24-04-2013. EXHIBIT P3 TRUE COPY OF THE ORDER DATED 27-07-2016 ISSUED BY THE 3RD RESPONDENT.
RESPONDENT(S)' EXHIBITS NIL
//TRUE COPY//
PA TO JUDGE
avk
ALEXANDER THOMAS, J.
W.P.(C).No.25366 of 2016
Dated this the 3rd day of August, 2016
JUDGMENT
The petitioner is presently working as Senior Superintendent attached to the respondent Kerala State Electricity Board, Transmission Circle, Alappuzha. The petitioner is mainly aggrieved by the action of the 3rd respondent Chief Engineer (Human Resources Management) in issuing the impugned Ext.P-3 order dated 27.7.2016, whereby he has been ordered to be transfered from his present station at Alappuzha to the Electrical Section, Harippad. The petitioner alleges that the impugned transfer at Ext.P-3 is in blatant violation of Ext.P-2 norms issued by the respondent Kerala State Electricity Board. It is pertinently urged by Sri.P.J.Elvin Peter, learned counsel for the writ petitioner that the petitioner had joined in the present station at Alappuzha consequent to his previous transfer only on 14.11.2014, and that as per Ext.P-2 norms, such an incumbent like the petitioner is entitled to continue at that station for a period of three years i.e, upto 13.11.2017. It is also stated that the respondent Board authorities had earlier issued a probable list of incumbents who are proposed to be transferred and that the name of the petitioner was not included and therefore he was not alerted to
W.P.(C).No.25366 of 2016 2
make any representations before the authorities not to transfer him from Alappuzha. It is also urged that the petitioner's mother aged 90 years is under his care and custody and that the petitioner's two daughters are studying in Std.XII and Std.V respectively, nearby to his present residence and therefore the impugned transfer causes great inconvenience to him, etc. It is also averred by the petitioner that there are several senior incumbents who are seniors to the petitioner who have been working in the same station and in the very same office at Alappuzha and for longer period who have not been subjected to the impugned transfer and that the impugned transfer is arbitrary and discriminatory, etc. It is in the light of these aspects the petitioner has filed the instant writ petition (civil) with the following prayers:-
W.P.(C).No.25366 of 2016
3
to continue at Transmission Circle, Alappuzha, for 3 years ; and
is of the considered opinion that it is for the petitioner to ventilate his grievances before the Appellate Authority concerned. Accordingly, the petitioner will be at liberty to file an appeal against the impugned Ext.P-3 transfer, in terms of the guidelines and norms before the Appellate Authority concerned, viz., respondent KSEB. If such an appeal is filed, within a period of one week from the date of receipt of a certified copy of this judgment, then the competent authority of the first respondent Kerala State Electricity Board will take up the same for consideration and will render a considered decision thereon, after granting a reasonable opportunity of being heard to the petitioner either in person or through authorized representative, if any. The aforementioned specific contentions of the petitioner should be specifically adverted to and considered by the
W.P.(C).No.25366 of 2016
4
competent authority of the respondent Board, while taking a decision as directed above. The decision in this regard should be rendered within a period of one month from the date of receipt of the Appeal Memorandum along with a certified copy of this judgment.
With these observations and directions, the writ petition (civil) stands finally disposed of.
Sd/ALEXANDER THOMAS JUDGE
//TRUE COPY//
PA TO JUDGE
avk
1 issue framed by the court
Whether the writ petitioner is entitled to continue at Alappuzha against transfer to Harippad without exhausting appellate remedies first.
Prapanchan .K.R
The Kerala State Electricity Board Ltd
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
