Disposed

Ajithkumar.P.K v. the Chief Engineer (Hrm)

Kerala HC27 May 2022WP(C)/15918/2022

Case brief

AI extract

What is this about?

This writ petition challenged a transfer order due to the petitioner's disability. The court did not quash the transfer but directed the authorities to consider the petitioner's representation regarding available vacancies and issue a reasoned order within two weeks, permitting the petitioner to stay in the original station temporarily.

What did the court decide?

Petitioner allowed to continue in present station; directions issued to pass reasoned order on representation within two weeks.

Ajithkumar.P.K Vs the Chief Engineer (Hrm) — Pension and Retirement Benefits | Kerala HC (2022)

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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 V.G.ARUN

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FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944

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WP(C) NO. 15918 OF 2022

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PETITIONER/S:

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AJITHKUMAR.P.K
AGED 50 YEARS
S/O. LATE KRISHNANKUTTY, PADMALAYAM, PALAPPOOR,
VELLAYANI P.O, THIRUVANANTHAPURAM - 695522.
BY ADVS.
AYYAPPAN SANKAR
S.HRIDYA

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RESPONDENT/S:

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1 THE CHIEF ENGINEER (HRM) KERALA STATE ELECTRICITY BOARD LIMITED, OFFICE OF THE CHIEF ENGINEER (HRM), VYDHYUTHI BHAVANAM, PATTAM, THIRUVANANTHAPURAM - 695004.

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2 THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, OFFICE OF THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, THIRUVANANTHAPURAM - 695023.

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3 THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL SUB DIVISION, FORT, THIRUVANANTHAPURAM - 695023.

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4 THE ASSISTANT ENGINEER KERALA STATE ELECTRICAL BOARD LIMITED, ELECTRICAL SECTION, POONTHURA, THIRUVANANTHAPURAM - 695026. BY ADV SRI.K.S.ANIL, SC, KSEB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 15918 OF 2022

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JUDGMENT

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Dated this the 27^th day of May, 2022

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The petitioner is working as Lineman Grade-I at the Electrical Section, Poonthura under the Thiruvananathapuram Electrical Division. By Ext.P3 order, the petitioner stands transferred to the Tripayar Electrical Section under Kodungallur Electrical Division. The writ petition is filed challenging Ext.P3 order, primarily on the ground that the petitioner is suffering from 60% permanent mental disability and hence, he is entitled for protection from transfer under the extant guidelines. The petitioner has also a case that vacancies are available at near by Stations and if at all the transfer is warranted, he ought to be accommodated in one of those Stations.

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2.Learned Counsel for the petitioner submits that there are two vacancies at Poonthura Section itself, one vacancy at Fort Electrical Section and another at Puthenchantha

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WP(C) NO. 15918 OF 2022

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Electrical Section, in Thiruvananthapuram District itself.

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3.Learned Standing counsel for the respondent submits

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that going by the priority under the transfer guide lines, employees with personal illness are to be given choice postings first and only thereafter the claim for choice priority of employees on the ground of the disability of spouse will be taken into account. As such, the disability of the petitioner’s wife by itself cannot be a ground for canceling his transfer.

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Even though, I find no valid reason to quash the order of transfer, the petitioner having pointed out open vacancies at near by Stations, it is only appropriate to consider his representation, (Ext.P8) taking into account the disability of the his wife, and pass a reasoned order thereon. The order as directed shall be passed within an outer limit of two weeks of receipt of a copy of this judgment. Till such order is passed, the petitioner shall be allowed to continue in his present station. If the representation is pending before the 2^nd

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WP(C) NO. 15918 OF 2022
 4

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respondent, the said authority shall forward the representation to the 1^st respondent expeditiously. It is made clear that the above directions are issued considering the special facts and circumstances of the case at hand.

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The writ petition is disposed of accordingly.

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Sd/V.G ARUN JUDGE

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WP(C) NO. 15918 OF 2022

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APPENDIX OF WP(C) 15918/2022

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PETITIONER EXHIBITS
Exhibit P1TRUE PHOTOCOPY OF CERTIFICATE DATED 6.3.2018
ISSUED BY THE STANDING DISABILITY ASSESSMENT
BOARD OF GOVERNMENT GENERAL HOSPITAL,
THIRUVANANTHAPURAM.
Exhibit P2TRUE PHOTOCOPY OF REPRESENTATION DATED
11.3.2022 SUBMITTED BEFORE THE 1ST
RESPONDENT.
Exhibit P3TRUE PHOTOCOPY OF ORDER NO.
EB.4(B)/OVR(ELE)/PRO. 90/2022 DATED
24.03.2033 ISSUED BY THE 1ST RESPONDENT.
Exhibit P4TRUE PHOTOCOPY OF REPRESENTATION DATED
26.03.2022 SUBMITTED BEFORE THE 1ST
RESPONDENT.
Exhibit P5TRUE PHOTOCOPY OF REPRESENTATION DATED
06.05.2022 SUBMITTED BY THE 2ND RESPONDENT.
Exhibit P6TRUE PHOTOCOPY OF REPRESENTATION DATED
07.05.2022 SUBMITTED BY THE 1ST RESPONDENT.
Exhibit P7TRUE PHOTOCOPY OF MEMO DATED 07.05.2022
ISSUED BY 2ND RESPONDENT.
Exhibit P8TRUE COPY OF THE REPRESENTATION DATED 23-05-
2022, SUBMITTED BEFORE THE 2ND RESPONDENT.

Ajithkumar.P.K v. the Chief Engineer (Hrm)

Case brief

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Ajithkumar.P.K v. the Chief Engineer (Hrm)

Case brief

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