IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 16888 of 2009(E) --------------------------------------- PETITIONER(S): ------------------------ M.A.SANTHOSH, S/O. ARJUNAN TSS.T., AGED 39 YEARS, OVERSEER, THIRUVALLA DIVISION, KSEB RESIDING AT THITTAPALLY, KATTOOKARA, THIRUVALLA. BY ADVS. MR.SAJITH KUMAR V. SMT.G.R.LEKSHMI MR.RINOY JOSEPH RESPONDENT(S): ------------------------ 1. KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRTARY VIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER(HRM), VIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KSEB, THIRUVALLA. BY ADV. MR.K.S.ANIL, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.16888 of 2009-E ------------------------------ Dated this the 19th day of June, 2009. J U D G M E N T Heard Sri.Sajith Kumar, the learned counsel appearing for the petitioner and Sri.K.S.Anil, the learned standing counsel appearing for the respondents. 2. The petitioner is presently working as Overseer in the Kerala State Electricity Board. By Ext.P1 order dated 4.6.2009, the petitioner was transfered from Electrical Section, Thuravoor to Electrical Circle, Pathanamthitta. Thereafter by Ext.P2 order passed on 10.6.2009, the Deputy Chief Engineer posted him in Electrical Division, Thiruvalla along with three others. In this writ petition, the petitioner claims a posting at Electrical Section, Thiruvalla, contending that two open vacancies of Overseers exist in the said section. Sri.K.S.Anil, the learned standing counsel appearing for the respondents submits that as four persons have been alloted to Electrical Division, Thiruvalla, the concerned Executive Engineer in charge of the Electrical Division will have to pass orders of posting in accordance with the guidelines and therefore the petitioner cannot claim posting in Electrical Section, Thiruvalla. The learned counsel for the petitioner however submits that though four Overseers including the petitioner have been allotted to Electrical Division, Thiruvalla by Ext.P2 order dated 10.6.2009, the other three Overseers have not sought W.P(C) No.16888 of 2009-E 2 a posting in Electrical Section, Thiruvalla and therefore they would not be prejudiced if the petitioner is posted at Electrical Section, Thiruvalla. 3. I have considered the submissions made at the Bar by the learned counsel appearing on either side. The Board does not dispute the fact that two vacancies of Overseer exist in Electrical Section, Thiruvalla. By Ext.P2 four Overseers have been allotted to Electrical Division, Thiruvalla. Therefore at least one among the four Overseers alloted to Electrical Division, Thiruvalla can be accommodated in the vacancies at Electrical Section, Thiruvalla. In my opinion, if the other three Overseers, who were allotted to Electrical Division, Thiruvalla by Ext.P2 order dated 10.6.2009 are not desirous of being posted to Electrical Section, Thiruvalla, the Executive Engineer has to consider whether the petitioner can be accommodated in one of the two vacancies of Overseer at Electrical Section, Thiruvalla. I accordingly dispose of this writ petition with the direction that if the three Overseers allotted to Electrical Division, Thiruvalla along with the petitioner as per Ext.P2 order are not desirous of being posted at Electrical Section, Thiruvalla, the petitioner shall be posted in that station. Orders in that regard shall be passed within two weeks from the date on which the petitioner produces a certified copy of this judgment before the Executive Engineer, Electrical Division, Thiruvalla. Sd/- P.N.RAVINDRAN JUDGE //True Copy// ab PA TO JUDGE