Allowed

K.R.Sunil Dutt v. Kerala State Electricity Board Ltd.

Kerala HC9 Sept 2020WP(C)/13751/2020

Case brief

AI extract

What is this about?

The Court entertained a writ petition regarding the petitioner’s claim for protection from transfer as a Board member of a Co-operative Society. While the respondent relied on guidelines limiting such protection to one term, the Court found the authority had not examined whether the petitioner required protection during his first term. The Court directed the competent authority to consider the pet

What did the court decide?

Interim order prevented transfer; directed 2nd respondent to consider petitioners representation with opportunity of hearing within one month.

K.R.Sunil Dutt Vs Kerala State Electricity Board Ltd. — Company and Corporate | Kerala HC (2020)

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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 DEVAN RAMACHANDRAN

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WEDNESDAY, THE 09TH DAY OF SEPTEMBER 2020 / 18TH BHADRA, 1942

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WP(C).No.13751 OF 2020(T)

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PETITIONER:

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K.R.SUNIL DUTT AGED 51 YEARS S/O.KARUNAKARAN, SUB ENGINEER, 110 KV SUB STATION, KAZHAKOOTTAM, THIRUVANANTHAPURAM-695582. RESIDING AT 'SURAJ', BN3, BAPUJI NAGAR, MONGUMOODE, MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM-695011.

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BY ADV. SRI.S.SUJIN

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RESPONDENTS:

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1 KERALA STATE ELECTRICITY BOARD LTD., REPRESENTED BY THE SECRETARY, VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695004.

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2 DIRECTOR, DISTRIBUTION, I.T AND HRM, KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695004.

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3 THE PERSONNEL OFFICER, KSEB LTD., VYDYUTHI BHAVANAM, THIRUVANANTHAPURAM695004.

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4 SECRETARY, THIRUVANANTHAPURAM DISTRICT ELECTRICITY BOARD EMPLOYEES CO-OPERATIVE SOCIETY LTD., POWER HOUSE, THIRUVANANTHAPURAM-695036.

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R1-3 BY SRI.M.K.THANKAPPAN, SC, KERALA STATE ELECTRICITY BOARD LIMITED

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.13751 OF 2020(T)

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JUDGMENT

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Dated this the 9th day of September 2020

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The petitioner claims to be a member of the

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Board of Directors of the Electricity Board Employees Co-operative Society and seeks that he be given the benefit of protection from transfer, as

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per the extant guidelines of the Kerala State Electricity Board (KSEB for short). It is the specific case of the petitioner that, eventhough he is entitled to the protection as sought for by him, the competent authorities of the KSEB is denying it and seeking to have him transferred imminently. He thus sprays that this writ petition be ordered, directing the KSEB to issue appropriate orders granting him the benefit of protection from transfer.

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In response of the above submissions made on behalf of the petitioner by Sri.S.Sujith, the

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WP(C).No.13751 OF 2020(T)

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learned Standing Counsel for the KSEB

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Sri.M.K.Thankappan, invited my attention to Ext.R3(b) order of the KSEB, as per which, “Director Board Members of Societies of workmen under the

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Board” are given a five year protection from transfer, but only for one time in their entire carrier. Sri.M.K.Thankappan submitted that the petitioner herein has already enjoyed the protection

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for one five year term and therefore, that this

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present term of his is not entitled to such

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protection. He thus prayed that this writ petition be dismissed.

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the petitioner, submitted that it is true that his

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client had been earlier a member of the Board of

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Directors of the Society during the period from 2011 to 2016; but that, he never required the protection of transfer at that time, because, there was no such proposal. He says that it is now during his second tenure as a Director Board member that his client

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WP(C).No.13751 OF 2020(T)

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requires this protection, but that the KSEB is

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illegally denying the same. He also showed me that his client has preferred Ext.P4 representation

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before the 1^st respondent detailing all his claims.

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When I consider the afore submissions of

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the learned counsel for the rival parties, it is indubitable that Ext.R3(b) order of the KSEB grants protection to 'Director Board Members of Electricity

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Board Employees Co-operative Societies belonging to the cadre of workmen'. The said order also makes it clear that such protection will be available only

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for one term in the tenure of such a member. However, the pertinent question is whether this benefit had actually been granted to the petitioner

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and whether there was any proposal to transfer him during his first tenure as a member, namely from 2011 to 2016.

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That said, it is also evident from Ext.P2

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that a request for such a protection was made under

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the mandate of Ext.R3(b) order by the Secretary of

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WP(C).No.13751 OF 2020(T)

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the society only during the second tenure of the petitioner.

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However, I do not see any of these aspects having been considered by the KSEB at any stage

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until now; and therefore, am of the firm view that Ext.P4 representation of the petitioner must engage the attention of its competent Authority, leading to

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an appropriate order thereon, at the earliest.

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granted an interim order in favour of the petitioner to the effect that he shall not be transferred.

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Since this Court is now of the view that Ext.P4 is to be considered by the appropriate Authority, I am certain that this interim protection must also

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continue until orders are issued by the KSEB.

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ordered, directing the 2^nd respondent to take up Ext.P4 representation of the petitioner and take a

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decision thereon, after adverting to all his contentions and after affording him an opportunity

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WP(C).No.13751 OF 2020(T)

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of being heard-either physically or through video conferencing- thus leading to an appropriate order thereon, not later than one month from the date of receipt of a copy of this judgment.

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9 Until such time as the afore-exercise is

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completed and the resultant order communicated to the petitioner, the interim order granted by this

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Court on 08.07.2020 will remain in force.

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This writ petition is thus ordered.

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Sd/-

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DEVAN RAMACHANDRAN

JUDGE

hmh

WP(C).No.13751 OF 2020(T)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ORDER DATED 21.7.2016 ISSUED BY THE RESPONDENTS.

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EXHIBIT P2 TRUE COPY OF THE LETTER OF REQUEST M ADE TO THE BOARD ON 5.5.2017 BY THE 4TH RESPONDENT.

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EXHIBIT P3 TRUE COPY OF THE LIST OF EMPLOYEES WHO HAVE BEEN GIVEN PROTECTION FOR THE TRANSFER YEAR 2020.

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EXHIBIT P4 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT ON 26.5.2020.

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT-R3(a) TRUE COPY OF THE RELEVANT PROVISIONS OF THE GUIDELINES ISSUED VIDE THE BO (FTD) NO.322/2019 [PS1(A) 64/2019/GENERAL TRANSFER/WORKMEN) DATED 12.04.2019

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EXHIBITR3(b) TRUE COPY OF THE BO (FTD NO.121/2020 (PS-I (A) 3214/GT/GUIDELINES FOR WORKMEN), TVPM, DATED 22-02-2020. EXHIBIT-R3(c) TRUE COPY OF THE LETTER DATED 08-02-2014 ISSUED BY THE SECRETARY OF THE SOCIETY EXHIBIT-R3(d) TRUE COPY OF THE LIST OF ELECTED CANDIDATES IN THE SOCIETY. EXHIBITR3(e) TRUE COPY OF THE SERVICE PARTICULARS OF THE PETITIONER. EXHIBITR3(f) TRUE COPY OF THE MINUTES OF MEETING REGARDING THE GENERAL TRANSFER 2016

K.R.Sunil Dutt v. Kerala State Electricity Board Ltd.

Case brief

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K.R.Sunil Dutt v. Kerala State Electricity Board Ltd.

Case brief

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