The High Court of Kerala closed the writ petition regarding the petitioner's transfer without prejudice to his right to ventilate further grievances. The petitioner had claimed the subsequent transfer of the 5th respondent was arbitrary.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 1ST DAY OF APRIL 2022 / 11TH CHAITHRA, 1944
WP(C) NO. 5758 OF 2021
PETITIONER/S:
BYJU VARGHESE,
AGED 48 YEARS
S/O. GEEVARGHESE M.V, ASSISTANT ENGINEER (EMPLOYEE CODE
1049206) OFFICE OF THE ASSISTANT ENGINEER, ELECTRICAL
SECTION, RAYONPURAM, 110KV SUBSTATION, RESIDING AT
MANJAMKUDY (H), MUNDAKUZHAL P.O, ERNAKULAM 683546
BY ADVS.
KALEESWARAM RAJ
SRI.VARUN C.VIJAY
KUM.THULASI K. RAJ
SMT.MAITREYI SACHIDANANDA HEGDE
SMT.MINU VITTOORRIA PAULSON
RESPONDENT/S:
1 KERALA STATE ELECTRICITY BOARD LTD. REPRESENTED BY CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ELECTRICTY BOARD, VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM 695 0012 THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ELECTRICITY BOARD LTD, VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM 695 0013 BOARD OF DIRECTORS REPRESENTED BY THE COMPANY SECRETARY, KERALA STATE ELECTRICITY BOARD LTD, VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM 695 0014 CHIEF ENGINEER (HRM) VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 0045 LALU JOSE, EMPLOYEE CODE 1047887 ASSISTANT ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, IDAMALAYAR, GENERATION DIVISION, ERNAKULAM 686 681 BY ADVS. SRI.ASOK M.CHERIAN SRI.K.S.ANIL, SC, KSEBTHIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5758 OF 2021
2
JUDGMENT Dated this the 1st day of April, 2022
The writ petition is filed seeking to quash Exts.P4 and P8 by which the petitioner is transferred from Okkal to Rayonpuram, 110 KV substation and to declare the consequent transfer of the 5th respondent to Okkal as unjust, illegal and arbitrary. The statement of the KSEBL shows that 110 KV Substation Rayonpuram was the petitioner’s second choice in the general transfer of 2021 and on the petitioner’s request he has been retained at Rayonpuram.
2.Learned Counsel for the petitioner submits that, for the time being, the petitioner is satisfied with his posting at 110 KV substation, Rayonpuram. In such circumstances, nothing survives of
WP(C) NO. 5758 OF 2021
3
consideration. Accordingly, the writ petition is closed without prejudice to the petitioner’s right to ventilate his grievances, if any subsisting, before
the appropriate authority.
V.G.ARUN JUDGE
RK
WP(C) NO. 5758 OF 2021
4
APPENDIX OF WP(C) 5758/2021
PETITIONER EXHIEXHIBIT P1 |
BITSTRUEORDERTRANSBY TH |
COPY OF THENO.EB1(A)/AFER 2018 DATE 4TH RESPON |
RELEVANT PART OF THEE/(ELE)/GENERALED 02-06-2018 ISSUEDDENT |
|---|---|---|---|
EXHIBIT P2 |
TRUE06-20DATEDPETITREQUESTATI |
COPY OF THE20 ALONG WIT27-05-2020IONER BEFORESTING TO RETON |
APPLICATION DATED 03-H MEDICAL CERTIFICATESUBMITTED BY THETHE 4TH RESPONDENTAIN HIM IN HIS PRESENT |
EXHIBIT P3 |
TRUEFROM |
COPY OF THETHE OFFICIAL |
STATEMENT DOWNLOADEDWEBSITE OF THE KSEB |
EXHIBIT P4 |
TRUEORDERTRANS2020 |
COPY OF THENO. EB1(A)/FER 2020/DRA |
RELEVANT PART OF THEAE/(ELE)/GENERALFT ORDER DATED 30-07- |
EXHIBIT P5 |
TRUE2020DATEDPETIT |
COPY OF THEALONG WITH T01-08-2020IONER BEFORE |
OBJECTION DATED 03-08-HE MEDICAL CERTIFICATESUBMITTED BY THETHE 4TH RESPONDENT. |
EXHIBIT P6 |
TRUELISTWEBSIENTIT |
COPY OF THEDOWNLOADED FTE OF THE KSLED FOR PTOT |
DISTRICT WISE RANKROM THE OFFICIALEB OF PERSONS WHO AREECTION OF TRANSFER |
EXHIBIT P7 |
TRUELISTTRANSSUBSTWEBSI |
COPY OF THEOF INCUMBENTFER TO RAYONATION DOWNLOTE OF THE KS |
STATEMENT WITH THES WHO HAD OPTED FOR APURAM, 110 KVADED FROM THE OFFICIALEB. |
EXHIBIT P8 |
TRUETRANSEB1(A2020/ISSUE |
COPY OF THEFER ORDER NO)/AE/(ELE)/GFINAL ORDERD BY THE 4TH |
RELEVANT PART OF THE.ENERAL TRANSFERDATED 07-08-2020RESPONDENT |
EXHIBIT P9 |
TRUE2020 |
COPY OF THEIN WP(C) NO. |
JUDGMENT DATED 08-09-16308/2020 |
WP(C) NO. 5758 OF 2021
5
EXHIBIT P10TRUE COPY OF THE ORDER NO.
EB1(A)/AE(ELE) WP(C) NO. 16308/2020
DATED 04-11-2020 ISSUED BY THE 4TH
RESPONDENT
EXHIBIT P11TRUE COPY OF THE B O (FTD) NO. 555/2018
(PS-D/(A)/13 GENERAL
TRANSFER/OFFICERS/2018) DATED 01-03-
2018
EXHIBIT P12TRUE COPY OF THE TRUE COPY OF THE
JUDGMENT DATED 27-11-2020 IN WP(C) NO.
23935/2020
EXHIBIT P13ORDER NO EB1(A)/AE(ELE)/WPC NO.
23935/2020 DATED 29-01-2021 ISSUED BY
THE 4TH RESPONDENT
EXHIBIT P14TRUE COPY OF THE PROCEEDINGS NO.
EB1(A)/AE(ELE)/T AND P/2020 DATED 29-
01-2021 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P15TRUE COPY OF THE TRANSFER ORDER NO.
EB1(A)/AE(ELE)/T AND P/2020 DATED 19-
02-2021, TRANSFERRING ONE JAMES O.M
FROM VALAYANCHIRANGARA ELECTRICAL
SECTION, ERNAKULAM TO MUVATTUPUZHA
ELECTRICAL DIVISION, EERNAKULAM.
1 issue framed by the court
Whether to grant relief in respect of the petitioner's transfer from Okkal to Rayonpuram substation.
Byju Varghese
Kerala State Electricity Board Ltd.
Chairman and Managing Director, Kerala State Electricity Board Ltd.
Board of Directors
Chief Engineer (HRM)
Lalu Jose
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court