IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 WP(C).No. 19786 of 2008(E) -------------------------- PETITIONER: ------------ JOSEPH.P.A, SENIOR ASSITANT, ELECTRICAL DIVISION, VAIKOM. BY ADV. SRI.S.RAMESH BABU RESPONDENTS: ------------- 1. KERALA STATE ELECTRICITY BOARD REP. BY ITS SECRETARY, VAIDYUTHI BHAVAN, PATTOM, TRIVANDRUM. 2. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, TRIVANDRUM. BY SRI.K.S.ANIL, SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).19786/2008 -------------------- Dated this the 1st day of July, 2008 JUDGMENT Petitioner is working as Senior Assistant in the Electrical Division at Vaikom. A provisional list dated 10.4.2008 was published by the second respondent containing the proposal for transfer of Senior Assistants, and the petitioner was proposed to be transferred to Vadakara. Petitioner submitted Ext.P1, pointing out that his transfer from Vaikom brings about serious difficulties. He referred to the fact that he has to look after his mother who is undergoing treatment for cancer by way of Chemo Therapy and External Radiation since August, 2005. There is no other person to look after the petitioner's mother. Nevertheless Ext.P4 order has been passed and the petitioner is proposed to be transferred to Vadakara. 2. It is pointed out by the learned counsel for the petitioner that about 25 persons are transferred from Vaikom Division and going by Ext.P4, only one person is transferred to Vaikom as such. There are adequate W.P.(C).19786/2008 2 vacancies in Kottayam Circle. It is further pointed out that there are 15 persons who are engaged on a contract basis as Senior Assistants and working in Kottayam Circle. It would not be difficult to accommodate the petitioner in Vaikom, it is contended. Ext.P6 request pointing out these aspects has been submitted before the second respondent. 3. I heard learned counsel for the petitioner and learned Standing Counsel for the Electricity Board. I have perused the averments in the writ petition as well. In my view, petitioner's request for a posting either at Vaikom in Kottayam Circle or Moolamattom in Eranakulam, merits serious consideration. I do not find any reason why the petitioner's request should not be accepted, if there are adequate vacancies. Personal factors pleaded by the petitioner are worthy of acceptance. 4. In the result, writ petition is disposed of directing W.P.(C).19786/2008 3 the second respondent to consider Ext.P6 and take a decision thereon, within three months from the date of receipt of a copy of this judgment. Petitioner shall be retained in his present station at Vaikom, till a decision is taken on Ext.P6. V.GIRI, Judge mrcs