Writ petition by a K.S.E.B. workman seeking transfer and quashing of a transfer order. Court directed the Chief Engineer (HRM) to consider the pending representation.
Directed the 3rd respondent to consider the petitioner's pending representation and pass orders within three weeks.
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 MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
WP(C).No.239 OF 2021(D)
PETITIONER:
JYOTHISHKUMAAR AGED 36 YEARS S/O CHANDRAN, WORKING AS MAZDOOR/WORKMAN, MEENANAGADI ELECTICAL SECTION, MEENANGADI, HAVING PERMANENT RESIDENCE AT MALAKKARICHALIL HOUSE, NADAVAYAL P O, WAYANAD DISTRICT, PIN-670721.
BY ADV. SMT.O.H.NAZEEBA
RESPONDENTS:
1 THE KERALA STATE ELECTRICITY BOARD LTD. LTD REPRESENTED BY ITS CHAIRMAN, PATTOM, THIRUVANANTHAPURAM-695004.
2 THE KERALA STATE ELECTRICITY BOARD LTD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, PATTOM, THIRUVANANTHAPURAM-695004.
3 THE CHIEF ENGINEER (HRM), OFFICE OF THE CHIEF ENGINEER(HUMAN RESOURCE MANAGEMENT) VIDYUTHIBHAVAN PATTOM, THIRUVANANTHAPURAM, PIN-695004.
4 THE GRIEVANCE REDRESSAL COMMITTEE REPRESENTED BY CHIEF EXECUTIVE OFFICER, KERALA STATE ELECTRICITY BOARD, LTD PATTOM, THIRUVANANTHAPURAM, PIN-695004.
5 THE DIRECTOR DISTRIBUTION AND IT KERALA STATE ELECTRICITY BOARD, LTD PATTOM, THIRUVANANTHAPURAM, PIN-695004.
GP-SRI.BIJOY CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.239 OF 2021(D)
2
JUDGMENT
Dated this the 6th day of January 2021
This writ petition is filed seeking the following reliefs:
“i) Issue a writ of certiorari calling for the records leading to Exhibit P1 transfer of the petitioner from Electrical Section Meenangadi to Electrical Section Padinjarathara and quash the same.
ii) Issue a writ of certiorari calling for the records leading to Exhibit P3 and quash the same.
iii) issue a writ of mandamus or any other order or direction directing the respondents to consider Exhibit P5 pending before the 5th respondent.
iv) Issue a writ of mandamus or any other order or direction directing the respondent to transfer the petitioner as requested by him through Exhibit P2.”
learned Standing Counsel appearing for the respondent-Board.
that the petitioner who is working as a Mazdoor in the K.S.E.B had sought a transfer from Meenangadi Electrical Section to Panamaram which is closest to the place of his domicile. It is
WP(C).No.239 OF 2021(D)
3
submitted that though the request had been submitted, the petitioner has now been transferred to Padinjarathara which is 45 kms away from the place of his domicile. It is submitted that the petitioner had preferred Ext.P5 representation before the 5th respondent which is liable to be considered in accordance with law.
In the above view of the matter, this writ petition is disposed of with the following directions:
(i) The petitioner shall serve a copy of Ext.P5 representation submitted before the 5th respondent to the 3rd respondent as well.
(ii) The 3rd respondent shall take up the representation and
pass orders thereon within a period of three weeks from the date of receipt of a copy of this judgment.
WP(C).No.239 OF 2021(D)
4
(iii) The contentions raised by the petitioner in the
representation as well as the provisions of the guideline shall be
looked into by the 3rd respondent while passing orders as directed above.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SVP
WP(C).No.239 OF 2021(D)
5
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF EXTRACTS OF THE GENERAL TRANSFER ORDER NO. EBEW/GT/2020 DATED 30/09/20. EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR HIS REQUEST DATED 05/06/2020. EXHIBIT P3 TRUE COPY OF THE ORDER REJECTING HIS REQUEST DATED 24/12/2020. EXHIBIT P4 TRUE COPY OF THE SALARY SLIP OF THE PETITIONER FOR THE MONTH OF NOVEMBER 2020. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 30.12.2020.
2 issues framed by the court
Whether the petitioner is entitled to a transfer to Panamaram closer to his domicile.
Whether the representation filed by the petitioner before the 5th respondent requires the court's intervention.
Jyothishkumar
The Kerala State Electricity Board Ltd.
The Chief Engineer (HRM)
The Grievance Redressal Committee
The Director Distribution and IT
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
