Kerala High Court
Mohanan A.N vs The Kerala State Electricity Board Ltd on 6 November, 1991
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 2ND DAY OF MARCH 2018 / 11TH PHALGUNA, 1939
WP(C).No. 38712 of 2017
PETITIONER:
MOHANAN A.N.,
ASSISTANT ENGINEER (ELECTRICAL),
(UNDER ORDERS OF TRANSFER),
110 KV SUB STATION,
KERALA STATE ELECTRICITY BOARD, MALAYATTOOR,
RESIDING AT EDATHALASSERY HOUSE,
AZHAKAM P.O., MOOKKANNOOR,
ANGAMALLY - 686 683.
BY ADVS.SRI.MURALI PURUSHOTHAMAN
SRI.DEEPU LAL MOHAN
SMT.S.LEENA
SRI.K.S.PRENJITH KUMAR
RESPONDENTS:
1. THE KERALA STATE ELECTRICITY BOARD LTD.,
REPRESENTED BY ITS SECRETARY,
VYDYUTHI BHAVAN, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM - 695 004.
2. THE CHIEF ENGINEER,
(HUMAN RESOURCES MANAGEMENT),
KERALA STATE ELECTRICITY BOARD LTD.,
VYDYUTHI BHAVAN, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM - 695 004.
3. THE DIRECTOR (FINANCE),
CONVENER, GRIEVANCE REDRESSAL COMMITTEE,
GENERAL TRANSFER 2017, VYDYUTHI BHAVAN,
PATTOM, THIRUVANANTHAPURAM - 695 004.
4. THE DEPUTY CHIEF ENGINEER,
TRANSMISSION CIRCLE, VYDYUTHIBHAVAN,
KOTTAPPURAM, THRISSUR - 680 584.
5. THE DEPUTY CHIEF ENGINEER,
DEPUTY CHIEF ENGINEER (ELECTRICAL CIRCLE),
POWER HOUSE ROAD, ERNAKULAM - 682 018.
R BY SMT.ANEETHA A.G., SC, KERALA STATE ELECTRICITY BOARD LIMITED
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-03-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
WP(C).No. 38712 of 2017 (L)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 THE PHOTOCOPY OF THE CERTIFICATE FOR
PHYSICALLY HANDICAPPED PERSON BEARING NO.
1082/91 DATED 06.11.1991 ISSUED BY THE DISTRICT
MEDICAL BOARD, GENERAL HOSPITAL, ERNAKULAM.
EXHIBIT P2 THE PHOTOCOPY OF THE ORDER NO.B.O(FTD) NO.888
(EB7/GENERAL TRANSFER/OFFICERS/2017) DATED
03.4.2017 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P3 THE COMPUTER PRINTOUT OF THE ON-LINE
APPLICATION FOR PROTECTION FROM TRANSFER
DATED 16.5.2017 SUBMITTED BY THE PETITIONER
BEFORE STATION LEVEL COMMITTEE HEADED BY THE
5TH RESPONDENT.
EXHIBIT P4 THE COMPUTER PRINTOUT OF RELEVANT PAGES
CONTAINING THE NAME OF EMPLOYEES ELIGIBLE FOR
PROTECTION FROM TRANSFER, PUBLISHED BY THE 2ND
RESPONDENT.
EXHIBIT P5 THE PHOTOCOPY OF THE APPEAL PETITION DATED
08.8.2017 SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT.
EXHIBIT P6 THE PHOTOCOPY OF THE LETTER NO.
EBI/T&P/2017-18/1195 DATED 08.8.2017 ISSUED BY THE
4TH RESPONDENT TO THE 2ND RESPONDENT.
EXHIBIT P7 THE PHOTOCOPY OF THE B.O(FTD) NO.
2062(EB.7/GENERAL TRANSFER/OFFICERS/2017) DATED
11.8.2017 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P8 THE PHOTOCOPY OF THE REPRESENTATION DATED
25.9.2017 SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT.
EXHIBIT P9 THE PHOTOCOPY OF THE LETTER
NO.EBI/T&P/2017-18/1424 DATED 26.9.2017 ISSUED BY THE
4TH RESPONDENT TO THE 2ND RESPONDENT.
EXHIBIT P10 THE PHOTOCOPY OF THE RELEVANT PAGES OF THE
ORDER NO. EBI(A)/AE/(E1)/GENERAL TRANSFER/2017
DATED 16.10.2017 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P11 THE PHOTOCOPY OF THE ORDER NO.
B.O.(FTD)NO.2072(EB.7/GENERAL TRANSFER/EMPLOYEES/2017)
DATED 11.8.2017 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P12 THE PHOTOCOPY OF THE APPEAL DATED 17.10.2017
SUBMITTED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT.
EXHIBIT P13 THE PHOTOCOPY OF THE LETTER NO.
EBI/T&P/2017-18/1502 DATED 17.10.2017 FORWARDED BY
THE 4TH RESPONDENT TO THE 3RD RESPONDENT.
WP(C).No. 38712 of 2017 (L)
EXHIBIT P14 THE PHOTOCOPY OF THE RELEVANT PAGES OF THE
ORDER NO. EBI(A)/AE(ELECTRICAL)/GRC/2017 DATED
25.11.2017 ISSUED BY THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS
NIL
TRUE COPY
P.S. TO JUDGE
EL
2.3.2018
P.V.ASHA J.
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W.P.(C).No.38712 of 2017
-------------------------------------
Dated this the 2nd day of March, 2018
J U D G M E N T
Petitioner, who is a physically handicapped person and is working as Assistant Engineer (Electrical), has filed this writ petition, challenging his transfer from Malayattoor to Kothamangalam. Petitioner points out that no substitute is posted in his place and he is not due for transfer and that being a disabled person, he is entitled to be accommodated in the present station.
2. Learned Standing Counsel pointed out that, the process for the general transfer for the year 2018-19 is underway and the petitioner can very well raise his claims in this process, by submitting appropriate application and utilising the opportunities available through the website. In the above circumstances, this writ petition is disposed of, allowing the petitioner to raise his W.P.(C).No.38712 of 2017 2 claims in the process of next general transfer for the year 2018-19.
Till the said process is completed, the petitioner shall be allowed to continue in the same station.
Sd/-
P.V.ASHA, JUDGE.
AS