Disposed

Vijesh O.G. v. the Kerala State Electricity Board

Kerala HC6 Jan 2021WP(C)/296/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a State Electricity Board employee challenging his transfer and seeking transfer to his domicile place. The Court directed the Grievance Redressal Committee to consider the petitioner's pending representation and pass orders within three weeks.

What did the court decide?

Directed the 3rd respondent to receive a copy of the petitioner's representation from the 5th respondent and decide within three weeks.

Vijesh O.G. Vs the Kerala State Electricity Board — Service and Employment | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

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WP(C).No.296 OF 2021(J)

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PETITIONER:

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VIJESH O.G. AGED 39 YEARS S/O. GOVINDAN, WORKING AS MAZDOOR /WORKMAN, MEENANGADI ELECTRICAL SECTION, MEENANGADI, HAVING PERMANENT RESIDENCE AT ORKADAVU HOUSE, PULPALLY P.O, VAYANAD DISTRICT, PIN-673 579.

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BY ADV. SMT.O.H.NAZEEBA

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RESPONDENTS:

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1 THE KERALA STATE ELECTRICITY BOARD

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REPRESENTED BY ITS CHAIRMAN, PATTOM, THIRUVANANTHAPURAM-695 004.

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2 THE KERALA STATE ELECTRICITY BOARD LTD., REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, PATTOM, THIRUVANANTHAPURAM-695 004.

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3 THE CHIEF ENGINEER(HRM), OFFICE OF THE CHIEF ENGINEER (HUMAN RESOURCE MANAGEMENT) VIDYUTHIBHAVAN PATTOM,

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THIRUVANANTHAPURAM, PIN-695 004

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4 THE GRIEVANCE REDRESSAL COMMITTEE REP. BY ITS CHIEF EXECUTIVE OFFICER, KERALA STATE ELECTRICITY BOARD, LTD. PATTOM, THIRUVANANTHAPURAM, PIN-695 004

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5 THE DIRECTOR DISTRIBUTION AND IT, KERALA STATE ELECTRICITY BOARD, LTD. PATTOM, THIRUVANANTHAPURAM, PIN-695 004.

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6 BENNY A.D, ELECTRICITY WORKER/MAZDOOR, ELECTRICAL SECTION PULPALLY, VAYANAAD P.O, PIN-673 579

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7 RAJESH K.T, ELECTRICITY WORKER/MAZDOOR, ELECTRICAL SECTION PULPALLY WAYANAD P.O, PIN-673 579

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WP(C).No.296 OF 2021(J)

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SC,KSEB-SMT.PRIYA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.296 OF 2021(J)

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JUDGMENT

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Dated this the 6th day of January 2021

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This writ petition is filed seeking the following reliefs:

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“i) Issue a writ of certiorari calling for the records leading to Exhibit P1 and P3 the transfer of the petitioner from Electrical Section Panamaram to Electrical Section Mananthavady and quash the same.

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ii) Issue a writ of Mandamus or any other order or direction directing the respondents consider the application for request transfer to his domicile at Pulpally or at least any requested places in Exhibit P2.

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iii) issue a writ of mandamus or any other order or direction directing the respondents to consider Exhibit P4 pending before the 5^th respondent.”

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Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent-Board.

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It is submitted by the learned counsel for the petitioner

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that the petitioner who is working as a Mazdoor in the K.S.E.B had sought a transfer from Panamaram Electrical Section to Pulpally which is closest to the place of his domicile. It is submitted that though the request had been submitted, the

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WP(C).No.296 OF 2021(J)

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petitioner has now been transferred to Mananthavady which is 45 kms away from the place of his domicile. It is submitted that the petitioner had preferred Ext.P4 representation before the 5^th respondent which is liable to be considered in accordance with law.

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The learned Standing Counsel for the respondent-Board submits that it is for the 3^rd respondent to take an appropriate decision on the request of the petitioner. The learned Standing Counsel submits that the grievance raised by the petitioner will be considered in accordance with the norms by the 3^rd respondent.

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In the above view of the matter, this writ petition is disposed of with the following directions:

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(i) The petitioner shall serve a copy of Ext.P4 representation submitted before the 5^th respondent to the 3^rd respondent as well.

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(ii) The 3^rd 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.

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(iii) The contentions raised by the petitioner in the representation as well as the provisions of the guideline shall be

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WP(C).No.296 OF 2021(J)

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looked into by the 3^rd respondent while passing orders as

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directed above.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

SVP

WP(C).No.296 OF 2021(J)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE EXTRACTS OF PROPOSED TRANSFER ORDER DATED 30.09.2020. EXHIBIT P2 THE TRUE COPY OF THE APPLICATION DATED 30.05.2020 EXHIBIT P3 THE TRUE COPY OF THE REJECTION ORDER ISSUED BY THE 4TH RESPONDENT DATED 24.12.2020. EXHIBIT P4 A COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DIRECTOR, DISTRIBUTION AND IT THE 5TH RESPONDENT DATED 30.12.2020.

Vijesh O.G. v. the Kerala State Electricity Board

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Vijesh O.G. v. the Kerala State Electricity Board

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