An ANERT employee facing transfer sought disposal of his representation citing cardiac illness and care of his ailing father. The court directed the Secretary, Department of Power to decide the representation within one month and let him continue in his current post until then.
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 MR.JUSTICE BASANT BALAJI
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 19544 OF 2024
PETITIONER:
SURESH BABU.R,
AGED 52 YEARS S/O.N.B.RAJAGOPAL GOPIKA BHAVAN VAYALILKADA VATTIYOORKAVU.P.O THIRUVANANTHAPURAM, PIN - 695013
BY ADVS. V.PHILIP MATHEWS E.RADHAKRISHNAN ASHISH MATHEW JOHN
RESPONDENTS:
BY ADVS. T.R.HARIKUMAR ARJUN RAGHAVAN(K/1277/2012)
OTHER PRESENT:
GP SMT ANIMA M
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
(Dated this the 6th day of June 2024)
The petitioner is working as Senior Technical Assistant (Sub Engineer) under the 2nd respondent. As per Ext.P5, he
has been transferred from Thiruvananthapuram to Idukki to attend the Ramakkalmedu project, which, according to the petitioner, is more than 60 kms away from Idukki District Office. He could not join to the place where he has been transferred, as per Ext.P5 due to health problems. He has been undergoing Cardiac treatment in Sree Chitra Tirunal Institute for Medical Sciences and Technology, Trivandrum for several years. He had undergone an open heart surgery on 06.03.2024 at Caritas Hospital & Institute of Health Sciences, Kottayam. Therefore, he applied for leave and that was allowed by the 3rd respondent. The petitioner’s father is aged
84 years and is a cancer patient who is undergoing treatment at Regional Cancer Centre, Thiruvananthapuram. The
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petitioner’s father is residing with him, and there is no other person to look after. Therefore, he filed Ext.P11
representation before the 1st respondent on 15.05.2024. The
petitioner seeks disposal of Ext.P11 within a time frame.
Taking note of the said fact, this writ petition is disposed of, directing the 1st respondent to take up Ext.P11 and pass appropriate orders within a period of one month from the date of receipt of a copy of this judgment. Till Ext.P11 is disposed of by the 1st respondent, the petitioner shall be allowed to continue in the post from which he has been transferred.
Sd/BASANT BALAJI JUDGE
JS
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APPENDIX OF WP(C) 19544/2024
PETITIONER EXHIBITS
| Exhibit P 1 | TRUE COPY OF G.O.(MS) NO.12/2004/PD DATED 5.6.2004 ISSUED BY THE FIRST RESPONDENT ALONG WITH MEMORANDUM OF ASSOCIATION AND RULES AND REGULATIONS OF SECOND RESPONDENT |
|---|---|
| Exhibit P2 | TRUE COPY OF G.O.(MS) NO.26/2015/PD DATED 17.7.2015 |
| Exhibit P 3 | TRUE COPY OF G.O. (MS) NO.8/2021/POWER DATED 25.2.2021 ALONG WITH RELEVANT PAGES OF THE REPORT |
| Exhibit P 4 | TRUE COPY OF G.O.(MS) NO.12/2021/POWER DATED 19.3.2021 |
| Exhibit P 5 | TRUE COPY OF ORDER NO.A.O.NO.29/2024/ANERT DATED 01.02.2024 ISSUED BY THE THIRD RESPONDENT |
| Exhibit P6 | TRUE COPY OF ORDER A.O.NO.43/2024/ANERT DATED 27.2.2024 ISSUED BY THE THIRD RESPONDENT |
| Exhibit P 7 | TRUE COPY OF ORDER A.O.NO.74/2024/ANERT DATED 23.3.2024 ISSUED BY THE THIRD RESPONDENT |
| Exhibit P 8 | TRUE COPY OF ORDER A.O.NO.93/2024/ANERT DATED 16.5.2024 ISSUED BY THE THIRD RESPONDENT |
| Exhibit P9 | TRUE COPY OF MEDICAL CERTIFICATE DATED 14.3.2024 ISSUED BY DR.RAJESH M RAMANKUTTY, TO THE PETITIONER |
| Exhibit P 10 | TRUE COPY OF REPRESENTATION DATED 15.5.2024 SUBMITTED BEFORE THE THIRD RESPONDENT BY PETITIONER |
| Exhibit P 11 | TRUE COPY OF REPRESENTATION DATED 15.5.2024 SUBMITTED BEFORE THE SECRETARY, DEPARTMENT OF POWER BY PETITIONER |
| Exhibit P 12 | TRUE COPY OF JUDGMENT DATED 22.2.2013 IN W.P.(C) NO.24703 OF 2012 (K) OF THIS HON'BLE COURT |
1 issue framed by the court
Should the respondent consider the petitioner's representation seeking reconsideration of a transfer order on medical and family grounds?
Suresh Babu.R
State of Kerala represented by its Principal Secretary, Department of Power
Agency for New and Renewable Energy Research and Technology (ANERT)
Chief Executive Officer (CEO), ANERT
Basant Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
