Dismissed

Snehalal K. C. v. the Chief Engineer Hrm

Kerala HC2 Mar 2022WP(C)/601/2022

Case brief

AI extract

What is this about?

Petitioner Sub Engineer challenged transfer from chosen station to Kalamassery, alleging violation of guidelines and ignoring retirement eligibility. Court refused interference, holding Board's reasons valid and staying hand sufficient to prevent administrative disruption.

What did the court decide?

Petitioner aggrieved by transfer order is not entitled to relief; no interference with the impugned order.

Snehalal K. C. 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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WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943
WP(C) NO. 601 OF 2022

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PETITIONER/S:

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SNEHALAL K. C.
AGED 54 YEARS
SUB ENGINEER, KSEB, APDRP DIVISION, ERNAKULAM,
KAITHAVALAPPIL HOUSE, MANJUMMAL,
PARUR TALUK, ERNAKULAM., PIN - 683501
BY ADVS.
SASI M.R.
SILPA N.P
DHARMYA M.S
KAVYA KRISHNAN

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RESPONDENT/S:

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THE CHIEF ENGINEER HRM
OFFICE OF THE CHIEF ENGINEER HRM,
VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, PIN - 695004
BY ADV SRI.K.S.ANIL, SC, KSEB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 601 OF 2022

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JUDGMENT

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Dated this the 2^nd day of March, 2022

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The petitioner while working as Sub Engineer (Electrical) in APDRP Division, Ernakulam of the KSEB limited had applied for transfer to any one of the seven intra district transfer stations opted by him. According to the petitioner he had exercised the option strictly in accordance with the transfer guidelines and had shown his domicile station as the first choice, as mandated by Clause 5. The petitioner is aggrieved by the fact that none of the choices exercised by him was considered and instead, he was transferred to the Kalamassery Electrical Section as per Ext.P3. Voicing his grievance, the petitioner made a request for reconsideration of his transfer. To the petitioner’s dismay that application was also rejected by Ext.P7. Hence the writ petition seeking the following reliefs;

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i)To issue a writ of certiorari or any other writ, order or direction to the respondent and call for the records related to the decision taken on Exhibit P2 application for transfer submitted by the petitioner and to quash the order for posting

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WP(C) NO. 601 OF 2022

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of the petitioner in Kalamasery Electrical Section as SI No.902 in Exhibit P3.

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ii)To issue a writ of mandamus or any other writ, order or direction to the respondent to retain the petitioner at his present station as requested by the Deputy Chief Engineer by Exhibit P16 till vacancy arises in his domicile station or any of the stations opted by him in Exhibit P2

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2.Learned counsel for the petitioner submits that Serial Nos. 2 to 4 in Ext.P2 were posted to stations of their choice in violation of the guidelines. It is pointed out that as on 28.2.2022, a retirement vacancy has arisen at the Eloor Electrical Section, which is the petitioner’s domicile station and first choice. Further, another vacancy will arise, when Serial No.6 in Ext.P2 is promoted. It is further contended that the petitioner is due to retire, which fact was not taken into consideration while posting him at Kalamassery Electrical Section.

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3.Learned Standing Counsel for the Electricity Board submitted that the petitioner has been working as Sub Engineer (Electrical) in APDRP Division, Ernakulam from 21.11.2017 onwards and having completed three years in that office he was

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WP(C) NO. 601 OF 2022

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4

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bound to be transferred as mandated in Clause 5 of the transfer guidelines. Further the petitioner is not eligible for the protection under Clause 7(t) of the guidelines, since the petitioner is due to retire only on 31.1.2024. Learned counsel submits that the Grievance Redressal Committee examined the petitioner’s grievance in detail and found no violation of the transfer guidelines. Finally it is submitted that, major electrical maintenance works and supervisions are handled by the Sub Engineer in the Section Office and Kalamassery Electrical Section being a big section with large number of HT and EHT consumers, the petitioner’s services are essential at that station. Moreover, the persons transferred to APDRP Division, Ernakulam in the general transfer of 2021 have joined office and the petitioner, who is continuing on the strength of an interim order passed by this court, is in excess at that station.

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Having heard the learned counsel and being conscious of the limited interference warranted in matters of transfer, I refrain from interfering with Ext.P3 order. The Board has put forth valid reasons for transferring the petitioner and prima

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WP(C) NO. 601 OF 2022

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facie, there is no violation of the guidelines. Interference by this Court, on minor deviations, will only upset the smooth functioning of the Board’s offices.

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In the result the writ petition is dismissed. It is made clear that this writ petition does not curtail the petitioner’s liberty to make an application for transfer during the next General Transfer and even earlier, if the guidelines permits.

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Sd/V.G ARUN JUDGE

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WP(C) NO. 601 OF 2022

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APPENDIX OF WP(C) 601/2022

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`PETITIONER EXHIBITS` `Exhibit P1`	`TRUE COPY OF THE` `461/2021 [PS1 (A)` `WORKMEN] DATED TV` `GENERAL TRANSFER` `CORPORATE OFFICE`	`GUIDELINES NO. BO (FTD) NO.` `/2998/GT/ GUIDELINES FOR` `PM 22/06/2021 FOR ONLINE` `OF THE WORKMEN, ISSUED BY THE` `(PERSONNEL) OF KSEB`
`Exhibit P2`	`TRUE COPY OF THE` `19/07/2021 OF THE`	`ONLINE APPLICATION DATED` `PETITIONER FOR TRANSFER`
`Exhibit P3`	`TRUE COPY OF THE` `NO. EB2/SE(ELE.)/`	`RELEVANT PORTION OF THE ORDER` `GT2021/ DATED TVPM 16/09/2021`
`Exhibit P4`	`TRUE COPY OF THE` `13/11/2021 ISSUED` `CONSULTANT PHYSIC`	`PRESCRIPTION CHIT DATED` `BY DR K. G. JAYAN,` `IAN AND DIABETOLOGIST`
`Exhibit P5`	`TRUE COPY OF THE` `DATED 17/11/2021`	`ONLINE GRIEVANCE PETITION`
`Exhibit P6`	`TRUE COPY OF ORDE` `ANOMALY/2021-22 D` `CHIEF ENGINEER (H`	`R EB2/SE(ELE)/T&P/GT` `ATED TVPM 16/11/2021 OF THE` `RM)`
`Exhibit P7`	`TRUE COPY OF THE` `22/11/2021 SUBMIT`	`GRIEVANCE PETITION DATED` `TED BY THE PETITIONER`
`Exhibit P8`	`TRUE COPY OF THE` `OF THE PETITIONER`	`EMPLOYEE INCUMBENCY DETAILS`
`Exhibit P9`	`TRUE COPY OF THE` `OF SINI C. S.`	`EMPLOYEE INCUMBENCY DETAILS`
`Exhibit P10`	`TRUE COPY OF THE` `OF BIJU KUMAR K.C`	`EMPLOYEE INCUMBENCY DETAILS`
`Exhibit P11`	`TRUE COPY OF THE` `OF BABURAJ P. S.`	`EMPLOYEE INCUMBENCY DETAILS`
`Exhibit P12`	`TRUE COPY OF THE` `OF ANTONY BINIL`	`EMPLOYEE INCUMBENCY DETAILS`
`Exhibit P13`	`TRUE COPY OF THE` `OF PADMAKUMAR K.`	`EMPLOYEE INCUMBENCY DETAILS` `C.`
`Exhibit P14`	`TRUE COPY OF THE` `OF BADHUSHA V A`	`EMPLOYEE INCUMBENCY DETAILS`
`Exhibit P15`	`TRUE COPY OF THE` `EB2/SE(ELE)/T&P/G` `DATED TVPM 24/12/` `(HRM)`	`TRANSFER ORDER NO.` `T ANOMALY-CORRECTION/2021-22` `2021 OF THE CHIEF ENGINEER`
`Exhibit P16`	`TRUE COPY OF LETT`	`ER-NO EB2/REQUEST TO`

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WP(C) NO. 601 OF 2022

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7

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RETAIN/GT2021/2476 DATED 24/12/2021 TO THE
CHIEF ENGINEER (HRM) KSEB LIMITED
Exhibit P17TRUE COPY OF ABSTRACT
NO.B.O(FTD)NO.246/2021(D(D &IT) D5/PG/2021-
22/0001 DATED, TVPM 08/04/2021 OF KSEB LTD
Exhibit P18TRUE COPY OF THE EMPLOYEE INCUMBENCY DETAILS
OF MR.KUNJUMON M.V., SUB ENGINEER, ELECTRICAL
SECTION, ELOOR.

Snehalal K. C. v. the Chief Engineer Hrm

Case brief

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Snehalal K. C. v. the Chief Engineer Hrm

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