IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 15093 of 2009(F) ----------------------------------- PETITIONER(S): -------------------- JOHN DAVID, AGED 45 YEARS, S/O.DAVID, OVERSEER, ELECTRICAL SECTION, CHALISSERY, ELECTRICAL SECTION, SHORNUR. BY ADV. SRI.T.N.SURESH SRI.ROY THOMAS RESPONDENT(S): ---------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY, VAIDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM), K.S.E.BOARD, VAIDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, SHORNUR. ADV. SRI. K.S. ANIL, SC FOR KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.15093 of 2009 -------------------------------------- Dated 8th June, 2009 JUDGMENT Heard Sri.T.N.Suresh, the learned counsel appearing for the petitioner and Sri.K.S.Anil, the learned Standing Counsel appearing for the Kerala State Electricity Board. 2. The petitioner is presently working as Overseer in the Electrical Section at Chalissery. Thought the petitioner is an Overseer, he is presently discharging the duties of a Cashier in the office of the third respondent at Shornur. By Ext.P1 order passed on 20.9.2008, the petitioner was transferred from Electrical Section, Chalissery to Electrical Circle, Pathanamthitta. The petitioner's grievance is that till date the order of transfer has not been implemented and he has not relieved from Chalissery. Relying on Ext.P2 circular dated 8.11.2001, issued by the Secretary of the Kerala State Electricity Board, the petitioner contends that the controlling officer namely the third respondent ought to have relieved him within 15 days from the date of Ext.P1 order of transfer. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to forthwith relieve him from Electrical Section, Chalissery in implementation of Ext.P1 order of transfer. WP(C).No.15093/2009 2 3. Sri.K.S.Anil, the learned Standing Counsel appearing for the Kerala State Electricity Board submits that there is dearth of Cashiers in the service of the Board, that the selection process is nearing completion and that the Board will be in a position to relieve the petitioner only if a substitute is available for being posted in his place at Chalissery. Transfer and posting of employees is done taking note of the administrative exigencies. When the Board says that due to dearth of Cashiers they are not in a position to find a substitute to be posted in the place of the petitioner and that the selection process is not yet complete, this Court cannot in the absence of any cogent material come to the conclusion that the order of transfer is being kept in abeyance for extraneous reasons and direct the Board to forthwith relieve the petitioner in implementation of the order of transfer. Though the learned counsel for the petitioner relies on Ext.P2 circular, it is only in the nature of a guideline and does not confer any enforceable right on the petitioner. The petitioner has not been able to traverse the statement made by the learned Standing Counsel for the Board that there is dearth of Cashiers in the Board. Such being the situation, I dispose of this writ petition with a direction to the competent authority among the respondents to relieve the WP(C).No.15093/2009 3 petitioner by posting a substitute in his place at Chalissery at the earliest and in any event within four months from today. P.N.RAVINDRAN Judge TKS