IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 11281 of 2009(E) -------------------------- PETITIONER(S): --------------- 1. NAZEER N., S/O.LATE NAGOOR SAHIB, LINEMAN GRADE II, 66 KV SUB STATION, KOZHENCHERRY, RESIDING AT MAPPURATH HOUSE, KANNAMKARA, PATHANAMTHITTA DISTRICT. 2. SANTHOSH P.V., LINEMAN GRADE I, 110 KV SUB STATION, PATHANAMTHITTA, RESIDING AT PALAMOOTIL HOUSE, CHURULIKODE P.O., PATHANAMTHITTA. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- 1. K.S.E.B, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM), VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, PATHANAMTHITTA. 4. THE DEPUTY CHIEF ENGINEER, VYDYUTHI BHAVAN, KOTTARAKARA P.O., KOLLAM DISTRICT. BY STANDING COUNSEL SRI.K.S.ANIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 11281 of 2009 --------------------------------------------------- Dated this the 6th day of April, 2009 JUDGMENT The petitioners are working as Lineman under the Kerala State Electricity Board. Both the petitioners are suffering from serious ailments and they have been accommodated accordingly in various posts. They are unable to do heavy duty work due to their physical incapacities. It is evident from Exts.P1 to 3. By Ext.P7 order 150 Linemen who were working in various substations under Transmission Wing were transferred to the Electrical Circles. Accordingly the petitioners were also transferred. 2. As per Ext.P7 the 1st petitioner is transferred to Electrical Circle, Pathanamthitta from 110 KV substation, Kozhencherry and 2nd petitioner is also transferred to Electrical Circle, Pathanamthitta from 110 KV Substation, Pathanamthitta. 3. The petitioners have subsequently filed representations requesting the second respondent to permit them to work in the respective places they were working initially. Therein the petitioners have highlighted their physical incapacities to do heavy work and their requirement for accommodation in wpc/11281/2009 2 appropriate places. 4. Already they have been relieved from duty with effect from 20.02.2009. Accordingly, they were directed to report for duty before the Deputy Chief Engineer, Electrical Circle, Pathanamthitta. Thereafter, 1st petitioner joined duty and is posted as Lineman Grade II in Electrical Circle, Pathanamthitta and 2nd petitioner joined duty and is posted as Lineman Grade I in Electrical Section, Kozhencherry. 5. All that the petitioners require is for a direction to the 2nd respondent to consider Exts.P8 and P9 in the light of the physical ailments they have and in the light of the fact that they are unable to cope up with the heavy duties attached to the present posts. There will be a direction to the 2nd respondent to consider Exts.P8 and P9 and pass orders on the same within a period of three months from the date of receipt of a copy of this judgment. T.R.RAMACHANDRAN NAIR, JUDGE bps