IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 WP(C).No. 4573 of 2011(V) -------------------------------------- PETITIONER(S): ----------------------- PUSHPANGATHAN P., CASHIER, ELECTRICAL SECTION, THENMALA, KOLLAM. BY ADV. SRI.S.ABHILASH SRI.S.SUDHEESHKAR RESPONDENT(S): -------------------------- 1. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, PUNALUR-691305. 2. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM-1. 3. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY-1. R1 TO R3 BY ADV.SRI.K.S.ANIL, SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.4573 OF 2011 --------------------------------------- Dated this the 21st day of February, 2011 JUDGMENT The petitioner was a Senior Assistant in the Kerala State Electricity Board working at Electrical Section, Thenmala. By Ext.P1 order, the petitioner was promoted and transferred to Meencut in Idukki on 9.7.2010. But, he was allowed to continue at Thenmala with the promotion. The first respondent has now directed him to join at Meencut in Idukki in the promoted post on the basis of Ext.P1 order. The petitioner is challenging the same. 2. The learned Standing Counsel for the Kerala State Electricity Board on instructions submits that the petitioner was promoted by Ext.P1 order but was asked to continue in the same station, since the petitioner was dealing with cash and he could not be relieved without a substitute taking over from him. According to the learned Standing Counsel for the Board, the petitioner had also submitted an undertaking to the effect that he was ready to work as Cashier till a substitute joins duty at W.P.(C)No.4573/101 2 Thenmala. 3. I have considered the rival contentions in detail. The petitioner cannot avail of Ext.P1 order of promotion and also continue at Thenmala for ever. If the petitioner does not want to leave Thenmala, he has to necessarily relinquish the promotion. But, he does not want to relinquish the promotion. If that be so, the petitioner has to join the promoted post as per Ext.P1 order. Therefore, I do not find any merit in the contentions of the petitioner and accordingly, the writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.4573/101 3 W.P.(C)No.4573/101 4