IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 22381 of 2011(W) ---------------------- PETITIONER : --------------------- C.SAJI THOMAS, SENIOR ASSISTANT, ELECTRICAL DIVISION, K.S.E.B, PALLOM, KOTTAYAM DISTRICT, (UNDER ORDERS OF TRANSFER). BY ADVS. SRI.K.R.B.KAIMAL, SENIOR ADVOCATE SRI.B.UNNIKRISHNA KAIMAL SRI.T.ISSAC RESPONDENT(S): ------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY,VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004. 2. THE CHIEF ENGINEER (H.R.M), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695 004. 3. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD, PALAI, KOTTAYAM DISTRICT-686 575. 4. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD, PALLOM, KOTTAYAM DISTRICT-686 007. R1 TO R4 BY ADV. SRI. K.S. ANIL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 22381 of 2011(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE NO OBJECTION CERTIFICATE NO. EB-3(b)/NOC/2011 DATED 14-3-2011 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P2 : COPY OF THE ORDER B.O. NO. 1047/2011 (LA & DEO) GENERAL, 2011 DATED 20-4-2011 ISSUED BY THE 1ST RESPONDENT. EXT.P3 : COPY OF THE APPLICATION DATED 22-2-2011 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P4 : COPY OF THE REPRESENTATION DATED 2-7-2011 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P5 : COPY OF THE RELEVANT PORTION OF THE ORDER NO. EB-3(b)/ SA/T&P/GT/2011 DATED 23-7-2011 ISSUED BY THE 1ST RESPONDENT EXT.P6 : COPY OF THE RELIEVING ORDER NO. EB1/T&P/SA/2011-12 DATED 26-7-2011 CONTAINING THE ENDORSEMENT MADE BY THE 3RD RESPONDENT. EXT.P7 : COPY OF THE REPRESENTATION DATED 1-8-2011 SUBNITTED BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.22381 of 2011 ---------------------------------------- Dated 18th August, 2011 JUDGMENT The petitioner is a Senior Assistant in the Kerala State Electricity Board. Earlier, he moved the Board for obtaining No Objection Certificate to be produced before the School of Legal Thought of Mahatma Gandhi University at Kottayam for getting admission to the LL.B Evening course. Ext.P1 is the certificate issued for that purpose by the 2nd respondent. True that, in Ext.P1 itself it is stated that the granting of such a permission would not enable the petitioner to claim immunity from transfer. This writ petition has been filed mainly with the prayer to quash Ext.P5 to the extent it ordered transfer of the petitioner to Vatakara as per entry at Sl.No.238. In this context, it is to be noted that in Ext.P5 itself there is yet another entry that is, at Sl.No.243 which would suggest that considering the request of the petitioner he has been given a transfer and posting at Electrical Circle, Pala. Pursuant to Ext.P5 order of transfer the petitioner was relieved. On being relieved he came to Electrical Circle, Pala to join duty. However, the third respondent did not permit the petitioner to join duty assigning the reason that he had telephonic information from the second respondent not to permit the petitioner to join there and WP(C).No.22381/2011 2 the entry at Sl.No.243 in Ext.P5 was cancelled. It is in the said circumstances that this writ petition has been filed. Evidently, after obtaining Ext.P1, the petitioner has joined LL.B Evening Course conducted by the School of Legal Thought of Mahatma Gandhi University at Kottayam. The contention of the petitioner is that, in fact, there is vacancy available at Pala apart from the places specifically mentioned in Ext.P7. In fact, Ext.P7 representation was filed by the petitioner on being aggrieved by Ext.P5 order of transfer to the extent it ordered his transfer to Electrical Circle, Vatakara in Kozhikode District. Evidently, the petitioner has already been relieved and the order in Ext.P5 at Sl.No.243 would reveal that he was transferred and posted to Electrical Circle, Pala. In the said circumstances, considering the fact that the petitioner has already joined the LL.B Evening Course after obtaining Ext.P1 and that as per Ext.P5 he was given a transfer to Electrical Circle, Pala the respondents shall permit the petitioner to join at Electrical Circle, Pala in case a vacancy is available there. In case there is no vacancy to accommodate the petitioner at Pala the respondents shall consider the feasibility of giving a transfer and posting to the petitioner in any place specifically referred to in Ext.P1 so as to enable the petitioner to pursue his studies. In such circumstances, Ext.P7 shall be considered WP(C).No.22381/2011 3 and appropriate orders shall be passed thereon expeditiously, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of accordingly. Sd/- C.T.RAVIKUMAR Judge TKS