Kerala High Court
Unknown vs By Advs.Sri.Kaleeswaram Raj on 12 August, 2016
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 16TH DAY OF MARCH 2018 / 25TH PHALGUNA, 1939
WP(C).No. 39853 of 2017
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PETITIONER(S)
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MATHEW GEORGE,
SENIOR ASSISTANT, ELECTRICAL SECTION,
KOLLENGODE, CHITTOOR, PALAKKAD DISTRICT.
BY ADVS.SRI.KALEESWARAM RAJ,
SRI.VARUN C.VIJAY,
KUM.A.ARUNA,
KUM.THULASI K. RAJ.
RESPONDENT(S):
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1. KERALA STATE ELECTRICITY BOARD LTD,
REPRESENTED BY MANAGING DIRECTOR,
KERALA STATE ELECTRICITY BOARD,
VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM -695 001.
2. THE MANAGING DIRECTOR,
KERALA STATE ELECTRICITY BOARD,
VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM-695 001.
3. THE CHIEF ENGINEER (HRM),
KERALA STATE ELECTRICITY BOARD,
VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM-695 001.
4. THE DEPUTY CHIEF ENGINEER,
ELECTRICAL CIRCLE, KOTTARAKKARA - 691 506.
5. THE DEPUTY CHIEF ENGINEER,
ELECTRICAL DIVISION, CHITTUR,
PALAKKAD-673 307.
BY SMT.ANEETHA A.G., SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16-03-2018, ALONG WITH W.P.(C)NO.40766 OF 2017, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
24/03/2018.
WP(C).No. 39853 of 2017 (F)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT-P1 TRUE COPY OF THE MINUTES OF THE MEETING
REGARDING GENERAL TRANSFER 2016 HELD ON
27/07/2016.
EXHIBIT-P2 TRUE COPY OF THE TRANSFER ORDER ISSUED BY THE
3RD RESPONDENT.
EXHIBIT-P3 TRUE COPY OF THE RELEVANT PART OF THE MINUTES
REGARDING GENERAL TRANSFER 2015 HELD ON
21/07/2015.
EXHIBIT-P4 TRUE COPY OF THE NOTE SUBMITTED BY THE DEPUTY
CHIEF ENGINEER, KOTTARAKKARA AS ON 31/08/2016.
EXHIBIT-P5 TRUE COPY OF THE NOTE SUBMITTED BY THE DEPUTY
CHIEF ENGINEER, KOTTARAKKARA AS ON 05/09/2016.
EXHIBIT-P6 TRUE COPY OF THE LIST OF JUNIOR MOST PERSONS.
EXHIBIT-P7 TRUE COPY OF THE TRANSFER ORDER DATED 12/08/2016.
EXHIBIT-P8 TRUE COPY OF THE REPRESENTATION DATED 20/09/2016
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT.
EXHIBIT-P9 TRUE COPY OF THE JUDGMENT DATED 21/07/2017 IN
W.P.(C)NO. 36458/2016 AND CONNECTED CASES.
EXHIBIT-P10 TRUE COPY OF THE ORDER DATED 02/09/2017.
EXHIBIT-P11 TRUE COPY OF THE ORDER DATED 19/10/2017.
EXHIBIT-P12 TRUE COPY OF THE SENIORITY LIST DOWNLOADED
FROM THE OFFICIAL WEBSITE OF KSEB.
EXHIBIT-P13 TRUE COPY OF THE WORKING STATION SENIORITY LIST
OF KOTTARAKKARA DOWNLOADED FROM THE
OFFICIAL WEBSITE OF KSEB.
EXHIBIT-P14 TRUE COPY OF THE WORKING STATION SENIORITY LIST
OF NEYYATTINKARA - KAZHAKKOTTAM -
THIRUVANANTHAPURAM DOWNLOADED FROM THE
OFFICIAL WEBSITE OF KSEB.
EXHIBIT-P15 TRUE COPY OF THE WORKING STATION SENIORITY LIST
OF PUNALUR.
EXHIBIT-P16 TRUE COPY OF THE WORKING STATION SENIORITY LIST
OF SENIOR ASSISTANTS OF PATHANAMTHITTA.
EXHIBIT-P17 TRUE COPY OF THE WORKING STATION SENIORITY LIST
OF SENIOR ASSISTANTS OF ADOOR.
....2/-
WP(C).No. 39853 of 2017 (F)
EXHIBIT-P18 TRUE COPY OF THE WORKING STATION SENIORITY LIST
OF SENIOR ASSISTANTS OF ALAPPUZHA-HARIPPAD-THIRUVALLA.
EXHIBIT-P19 TRUE COPY OF THE WORKING STATION SENIORITY LIST
OF SENIOR ASSISTANTS OF KARUNAGAPPALLY -
MAVELIKKARA - CHENGANNUR.
EXHIBIT-P20 TRUE COPY OF THE ORDER DATED 23/11/2017.
EXHIBIT P21 TRUE COPY OF THE ACKNOWLEDGMENT SHOWING THE SUBMISSION
OF APPLICATION FOR GENERAL TRANSFER 2008.
RESPONDENT'S EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
24/03/2018.
P.V.ASHA, J.
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W.P(c) Nos.39853 of 2017-F
and
40766 of 2017-U
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Dated this the 16th day of March, 2018
JUDGMENT
The petitioners in both these writ petitions are aggrieved by their transfer to Palakkad district, while they were working in Kottarakkara. Their representations/applications requesting for transfer to their home station/chose station were also not considered favourably, though there was a direction from this Court in Ext.P9 judgment. Since the process for general transfer 2018-19 has already started, the petitioners have again submitted their applications through online. The petitioners have produced the acknowledgment card for the same as Ext.P20 along with I.A.No.5283/2018 in W.P(c).No.40766 of 2017 and as Ext.P21 in I.A.No.5240/2018 in W.P(c).No.39853 of 2017. The petitioners also point out that by virtue of the transfers, they have got sufficient Malabar service also, based on which they are entitled to preference. It is pointed out that the petitioner in W.P(c) Nos.39853 of 2017-F &40766/2017-U 2 W.P(C).No.39853 of 2017 is due to retire from service within a period of two years. On that account also, he is seeking a transfer to his home town.
In the above circumstances, the writ petitions are disposed of directing the 3rd respondent to consider the request of the petitioners for transfer at the time of general transfer with due preference in accordance with the norms, considering the Malabar service as well as the ensuing retirement of the petitioner in W.P(C).No.39853 of 2017. All other contentions in the writ petitions are left open.
Sd/-
(P.V.ASHA, JUDGE) rtr/