IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 23989 of 2009(P) -------------------------- PETITIONER: --------------- ARUL S.R., SUB ENGINEER(C)KSEB, PALLIVASAL EXTENSION SCHEME DIVISION-III, CHITHIRAPURAM, MEENCUT, 2ND MILE, MUNNAR. BY ADV. SMT.P.R.REENA RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY, VYDHUTHI BHAVAN, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER (HRM), KSEB, VYDHUTHI BHAVAN, HEADQUARTERS, PATTOM, TRIVANDRUM-4. 3. DEPUTY CHIEF ENGINEER (C), CIVIL CIRCLE, CHITHIRAPURAM, MEENCUT, MUNNAR. 4. EXECUTIVE ENGINEER(C), PALLIVASAL EXTENSION SCHEME DIVISION-III, CHITHIRAPURAM, MEENCUT, MUNNAR. BY ADV.SHRI K.S.ANIL - SC (KSEB) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 23989 OF 2009 -------------------------- Dated this the 21st day of August, 2009 J U D G M E N T Heard Smt. P.R.Reena, the learned counsel appearing for the petitioner and Sri. K.S.Anil, the learned Standing Counsel appearing for the respondents. 2. The petitioner, a Sub Engineer in the service of the Kerala State Electricity Board, was transferred by Ext.P1 order dated 29.6.2009 issued by the Chief Engineer from the T.C.Sub Division at Edappon in Alappuzha district to Pallivasal Extension Scheme Division No. III in Idukki District. The petitioner was relieved on 14.7.2009 and is presently discharging duties as Sub Engineer in Pallivasal Extension Scheme Division No. III. Shortly after he was transferred, the petitioner submitted Ext.P3 representation before the Chief Engineer requesting for cancellation of the order transferring him to Pallivasal Extension Scheme Division III and to permit him to continue in the T.C. Sub Division at Edappon or to post him in the Electrical Circles at Kollam or at Kottarakara or the Transmission Divisions at Kundara/Kottarakara. The petitioner is a native of Kollam District. When no action was taken on Ext.P3 W.P.(C) No. 23989/09 2 representation, the petitioner filed Ext.P4 representation dated 15.7.2009 requesting for a posting in the Electrical Circles at Kollam or Kottarakara or in the Transmission Divisions at Kundara/Kottarakara. The petitioner submits that his wife is suffering from serious mental depression and is under psychiatric care and therefore his transfer to a station far away from his native place/district will result in serious prejudice. In this writ petition the petitioner inter alia seeks a direction to the Chief Engineer to consider the request made by him in Ext.P4 representation and to pass orders thereon within a time limit to be fixed by this Court. 3. The petitioner has in Ext.P4 stated that in view of the stipulations in th guidelines governing the transfer and posting of employees of the Board, he is entitled to be posted in his home district. He also prays that he may be transferred and posted in any of the stations mentioned in Ext.P4. In my opinion this is primarily a matter for the respondents to decide. Since the petitioner has already moved the Chief Engineer in that regard, I am of the opinion that the Chief Engineer should consider the said request and pass order thereon expeditiously having regard to the medical condition of W.P.(C) No. 23989/09 3 the petitioner's wife. I, accordingly, dispose of this writ petition with a direction to the second respondent herein to sympathetically consider the request made by the petitioner in Ext.P4 representation and to take a decision thereon expeditiously, and in any event, within two months from the date on which the petitioner produces a certified copy of this judgment before him. The second respondent shall also afford the petitioner a reasonable opportunity of being heard. P.N.RAVINDRAN, JUDGE vps