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Kerala High Court

Joseph N.V vs Kerala State Electricity Board Limited on 22 September, 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

              FRIDAY,THE 22ND DAY OF SEPTEMBER 2017/31ST BHADRA, 1939

                                WP(C).No. 29832 of 2017 (D)
                                     ----------------------------


PETITIONER:
--------------------

                 JOSEPH N.V.
                (EMPLOYEE CODE:1053665), LINEMAN GRADE I, CESO STORE,
                KALAMASSERRY, (NOW TRANSFERRED TO KUNNUKARA
                ELECTRICAL SECTION)


                    BY ADV. SRI.K.C.SUDHEER

RESPONDENT(S):
--------------

        1.          KERALA STATE ELECTRICITY BOARD LIMITED
                    VYDHUTHI BHAVAN, PATTOM PALACE P.O., THIRUVANANTHAPURAM,
                    REPRESENTED BY ITS MANAGING DIRECTOR.

        2.          THE CHIEF ENGINEER (HRM)
                    KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM,
                    THIRUVANANTHAPURAM DISTRICT, PIN-695004.

        3.          CHIEF ENGINEER (TRANSMISSION SYSTEM OPERATION),
                    KERALA STATE ELECTRICITY BOARD,
                    L.D.CENTRE, H.M.T.COLONY, KALAMASSERRY, PIN-683 503.

*ADDL.R4 IS IMPLEADED

    *ADDL.R4 DIRECTOR OF FINANCE,
                    CHAIRMAN APPEAL COMMITTEE,
                    VYDHUTHI BHAVAN, THIRUVANANTHAPURAM

*ADDL.R4 IS SUO MOTU IMPLEADED AS PER ORDER DATED 22.09.2017

                    BY ADV. SRI M.K. THANKAPPAN SC
                    BY SMT.ANEETHA A.G., SC,

            THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
           ON 22-09-2017, THE COURT ON THE SAME DAY DELIVERED THE
            FOLLOWING:


sdr/-

WP(C).No. 29832 of 2017 (D)
----------------------------

                                             APPENDIX
                                             ---------------


PETITIONER(S)' EXHIBITS
-----------------------------------


EXHIBIT P1          TRUE COPY OF THE ORDER NO.EB4(A)/SDL/08/2011
                   DATED 27-06-2011 OF THE 2ND RESPONDENT.

EXHIBIT P2          TRUE COPY OF THE RELEVANT EXTRACT OF THE TRANSFER
                     ORDER NO.EB4(A)/LM/GT/2017 DATED 26-8-2017 BY THE 2ND
                     RESPONDENT.

EXHIBIT P3          TRUE COPY OF THE COMMUNICATION NO.CESO/TECH/GNL/2017-
                     18/1993 DATED 26-8-2017 OF THE 3RD RESPONDENT.

EXHIBIT P4          TRUE COPY OF THE REPRESENTATION DATED 29-3-2017 SUBMITTED
                     BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P5          TRUE COPY OF THE COMMUNICATION NO.CESO/TECH.GEN/17-18
                     DATED 13-9-2017 SENT BY THE 3RD RESPONDENT TO THE DIRECTOR
                     (TRANSMISSION & SYSTEM OPERATIONS)

RESPONDENT(S)' EXHIBITS                  NIL
----------------------------------------


                                                             /TRUE COPY/




                                                             PA TO JUDGE


sdr/-



                       P.V.ASHA J.
         ------------------------------------
                W.P.(C).No.29832 of 2017
         -------------------------------------
        Dated this the 22nd day of September, 2017

                    J U D G M E N T

Petitioner, who is working as Lineman Gr.I at CESO Store Kalamasserry, is aggrieved by Ext.P2 order of transfer by which he is posted to Kunnukara Electrical Section. Petitioner has got severe grievance over the present transfer. It is stated that he met with an accident in the year 2011 and considering his disability, he was given a posting at Relay Sub Division, Kalamasserry and thereafter, in Meter Testing Sub Division, Kalamasserry, where he is continuing from 05.12.2015 onwards. Aggrieved by Ext.P2 order of transfer, he has submitted Ext.P4 appeal before the addl.4th respondent.

As the grievances of the petitioner on account of the transfer are to be considered by the appeal committee and the petitioner has already approached the Director of Finance, Chairman Appeal Committee, with Ext.P4 appeal, the writ petition is disposed of, directing the Appeal Committee to consider and pass orders on Ext.P4 appeal, W.P.(C).No.29832 of 2017 2 within a period of 'one month' from the date of receipt of a copy of this judgment.

Till such time, the petitioner shall be allowed to continue in the present station.

Sd/-

P.V.ASHA, JUDGE.

AS