Kerala High Court
Ajith M.K vs Kerala State Electricity Board Ltd on 28 March, 2017
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 28TH DAY OF MARCH 2017/7TH CHAITHRA, 1939
WP(C).No. 9831 of 2017 (D)
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PETITIONER(S):
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AJITH M.K.,
ASSISTANT ENGINEER (CIVIL),
KERALA STATE ELECTRICITY BOARD LTD.,
CHEMBUKADAVU-III AND KARAPUZHA DAMTOE
SMALL HYDRO ELECTRIC PROJECT, KOZHIKODE.
BY ADVS.DR.K.P.SATHEESAN (SR.)
SRI.P.MOHANDAS (ERNAKULAM)
SRI.S.VIBHEESHANAN
SRI.K.SUDHINKUMAR
SRI. ADHITHYAN S.K.
RESPONDENT(S):
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1. KERALA STATE ELECTRICITY BOARD LTD.,
REPRESENTED BY ITS CHAIRMAN,
VYDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM - 695 004.
2. THE CHIEF ENGINEER (H.R.M.)
KERALA STATE ELECTRICITY BOARD LTD.,
VYDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM - 695 004.
BY ADV. SMT.ANEETHA A.G., SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28-03-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
msv/
WP(C).No. 9831 of 2017 (D)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE ORDER NO.EB.6(b)/AE(C)/T & P/1/2016
DTD.12.8.2016 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE ORDER ISSUED BY THE CHIEF ENGINEER
CIVIL CONSTRUCTION) NORTH, KOZHIKODE DTD.5.1.2017.
EXHIBIT P3 TRUE COPY OF THE ORDER NO.EB.6(b)/AE(C)/T & P/1/2016
DTD.15.3.2017 ISSUED BY THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS
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NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
P.V.ASHA J.
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W.P.(C).No.9831 of 2017
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Dated this the 28th day of March, 2017
J U D G M E N T
The petitioner challenges his transfer ordered as per Ext.P3 on 15.03.2017 alleging he has been subjected to 3 transfers within a period of less than 6 months. According to the petitioner, he was transferred to Chembukadavu from Transmission Circle, Kannur only as per Ext.P1 order on 20.07.2016. Immediately thereafter, Ext.P2 order was passed posting him in the Chembukadavu Office at Kozhikode. Petitioner points out that as per Ext.P1 order the Office was at Wayanad. It is thereafter that Ext.P3 order was passed on 13.03.2017 again transferring him from Chembukadavu to Shornur.
2. The learned Standing Counsel on instructions submits that the transfer was necessitated on redeployment on account of the formation of transgrid and petitioner who W.P.(C).No.9831 of 2017 2 is the junior most along with another Sub Engineer (Civil) was transferred. As the transfer is found to be on administrative grounds and the respondents have adopted the criteria of deploying the junior most, the order of transfer Ext.P3 cannot be said to be illegal.
However, the learned Standing Counsel submitted that in case the petitioner is aggrieved by the present transfer, he can submit application at the time of general transfer, and his application will be considered on merits at the time of general transfer.
Accordingly, the writ petition is disposed of.
Sd/-
P.V.ASHA, JUDGE.
AS