IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 33189 of 2011(W) -------------------------- PETITIONER(S): -------------- V.K.PRASANNA KUMAR, SUB ENGINEER, ELECTRICAL DIVISION, THIRUVALLA. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT(S): -------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM PALACE, THIRUVANANTHAPURAM, PIN-695004. 2. THE CHIEF ENGINEER (HM) KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM PALACE POST THIRUVANANTHAPURAM,PIN-695004. 3. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD, THIRUVALLA, PATHANAMTHITTA. R1 TO R3 BY ADV.SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BKA WP(C).No.33189 of 2011(W) APPENDIX PETITIONER'(S) EXHIBITS: EXT.P1 COPY OF ORDER DATED 29-11-2011 ISSUED BY 2ND RESPONDENT. EXT.P2 COPY OF CERTIFICATE DATED 23-11-2011 ISSUED BY SECRETARY OF THE PATHANAMTHITTA DISTRICT KERALA STATE ELECTRICITY BOARD EMPLOYEES CO-OPERATIVE SOCIETY LTD., NO.PT 39. EXT.P3 COPY OF ORDER DATED 23.12.1996 ISSUED BY SECRETARY, KERALA STATE ELECTRICITY BOARD. EXT.P4 COPY OF REPRESENTATION DATED 01-12-2011 SUBMITTED BY PETITIONER TO THE 2ND RESPONDENT. RESPONDENT'(S) EXHIBITS: NIL //TRUE COPY// PA TO JUDGE BKA K. SURENDRA MOHAN, J. ------------------------------------------ WP(C) NO. 33189 OF 2011 ------------------------------------------ Dated this the 13th day of December, 2011 J U D G M E N T The petitioner, a Sub Engineer, Electrical Division, Thiruvalla, has filed this writ petition challenging Ext.P1 order by which he has been posted to the Generating Circle, Moozhiyar. According to the petitioner, he is a Director Board member of the KSEB Employees Cooperative Society, Pathanamthitta, and is presently acting as the President of the Society. The counsel for the petitioner points out that the petitioner is entitled to protection under Clause 6 of Ext.P3 guidelines. Therefore, it is contended that the petitioner is entitled to be retained at his present place of posting, which is near to his house. 2. A reading of Ext.P1 order shows that it is a promotion order. The petitioner has been promoted to the cadre of Asst. Engineer (Electrical) under the Diploma WP(C) NO. 33189 OF 2011 ..2.. quota. It is consequent to such promotion that the petitioner has been posted to the Generating Circle, Moozhiyar. The posting ordered by Ext.P1 is, therefore, not a transfer. Consequently, Ext.P3 transfer guidelines have no application to postings like Ext.P1. For the same reason, the petitioner is not entitled to the protection that is claimed by him in terms of Clause 6 of Ext.P3 guidelines. In the result, it is to be held that the petitioner is not entitled to any of the reliefs sought for in this writ petition. 3. The learned counsel for the petitioner submits that the petitioner has submitted Ext.P4 representation to the 2nd respondent seeking a convenient posting. The learned Standing Counsel for the KSEB submits that Ext.P4 would be considered and appropriate orders would be passed thereon, without delay. 4. In the above circumstances, while dismissing this WP(C) NO. 33189 OF 2011 ..3.. writ petition, the 2nd respondent is directed to consider the request of the petitioner set out his representation, evidenced herein by Ext.P4, in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment. K. SURENDRA MOHAN, JUDGE bka/-