Kerala High Court
M.K Suresh vs Kerala State Electricity Board on 11 March, 2016
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
MONDAY, THE 8TH DAY OF AUGUST 2016/17TH SRAVANA, 1938
WP(C).No. 26348 of 2016 (P)
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PETITIONER(S):
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M.K SURESH
AGED 46 YEARS, S/O/M.C. KANNAN,
ASSISTANT ENGINEER(ELECTRICAL), KERALA
STATE ELECTRICITY BOARD LTD.,
TRANSMISSION CONSTRUCTION SECTION,
CHERAI, MANNAM P.O.,NORTH PARUR,
ERNAKULAM.
(RESINDING AT MANALIL HOUSE, ,MANJALI, MATTUPURAM,
ERNAKULAM)
BY ADVS.SRI.S.KANNAN
SMT.S.SIMY
RESPONDENT(S):
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1. KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY,
VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM
PIN-695004.
2. CHIEF ENGINEER, (HRM), KERALA STATE ELECTRICITY
BOARD LTD., VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM, PIN-695004.
3. DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD LTD.,
TRANSMISSION CIRCLE, KALAMASSERY-683503.
` 4. EXECUTIVE ENGINEER,KERALA STATE ELECTRICITY BOARD LTD.
TRANSMISSION DIVISION, ERNAKULAM-682031.
5. ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY
BOARD LTD.,
TRANSMISSION SUB DIVISION, KURUMASSERY, MANNAM P.O.
NORTH PARUR, ERNAKULAM-683520.
R BY SRI.K.S.ANIL, SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).NO.26348 OF 2016
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 : TRUE COPY OF THE BO(CM)NO.1183/2013(EB.7/GENERAL TRANSFER/2013),
DATED30.05.2013
EXT.P2 : TRUE COPY OF THE CERTIFICATE DATED 11.03.2016 ISSUED BY THE
PRINCIPAL OF MODEL ENGINEERING COLLEGE, THRIKKAKARA.
EXT.P3 : TRUE COPIES OF THE FEES RECEIPTS PERTAINING TO THE AFORESAID
COURSE PURSUED BY THE PETITIONER AT MODEL ENGINEERING COLLEGE, THRIKKAKARA.
EXT.P4 : TRUE COPY F THE CERTIFICATE DATED 05.11.2013 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER.
EXT.P5 : TRUE COPY F THE SYSTEM GENERATED PRINT OUT OF APPLICATION DATED
14.03.2016 SUBMITTED BY THE PETITIONER.
EXT.P6 : TRUE COPY OF THE RELEVANT EXTRACT OF ORDER ENDT.ON.EB.1(a)/AE/
(Ele.)/GT/2016 DATED 30.07.2016 ISSUED BY THE 2ND RESPONDENT.
EXT.P7 : TRUE COPIES OF INTERIM ORDERS DATED 15.06.2015 AND 20.10.2015 IN
WRIT PETITION (CIVL)NO.17887 OF 2015.
EXT.P8 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED
01.08.2016 BEFORE THE 2ND RESPONDENT, TOGETHER WITH THE COVERING LETTER
ISSUED BY THE 5TH RESPONDENT.
EXT.P9 : TRUE COPY OF THE JUDGMENT DATED 04.08.2014 IN WRIT PETITION
(CIVL) NO.19997 / 2014.
EXT.P10 : TRUE COPY OF INTERIM ORDER DATED 29.05.2015 IN WRIT PETITION
(CIVIL) NO.16012/2015.
RESPONDENT'(S) EXHIBITS: NIL
// TRUE COPY//
P A TO JUDGE
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A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C) No.26348 of 2016
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Dated this the 8th day of August, 2016
JUDGMENT
The petitioner, who is an Assistant Engineer(Electrical) at Transmission Construction Section, Cherai, is aggrieved by Ext.P6 order of transfer, whereby, he has been transferred to Electrical Circle, Kannur. In the writ petition, it is the specific case of the petitioner that he is a person, who is pursuing a B.Tech degree course in the Government Model Engineering College, Thrikkakara and he is entitled for protection from transfer, since he is pursuing the course after getting permission from the respondent Board. It is also pointed out in this connection that an earlier attempt at transferring the petitioner was interdicted by this Court by Ext.P7 interim order, passed in W.P.(C).No.17887 of 2015. It is stated that, it is during the pendency of the said writ petition, and while Ext.P7 interim order is in force that, Ext.P6 order of transfer has now been passed, transferring the petitioner to Kannur.
2. I have heard the learned counsel for the petitioner and the learned standing counsel for the respondent Board. W.P.(c).No.26348 of 2016 : 2 :
On a consideration of the facts and circumstances of the case and the submissions made across the bar, I find that, inasmuch as this Court had interdicted the transfer of the petitioner by Ext.P7 interim order, on the ground that the petitioner was pursuing a degree in Engineering after getting prior permission from the respondent board, it was not open to the respondent board to subject the petitioner to the transfer ordered in Ext.P6 order. Accordingly, I quash Ext.P6 order of transfer, inasmuch as it relates to the petitioner, and allow this writ petition with consequential reliefs to the petitioner.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE sm/