IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 19947 of 2008(Y) -------------------------- PETITIONER: WILSON.R.J., S/O.JOSEPH 51 YEARS, SENIOR ASSISTANT, KSEB, REGIONAL STORE DIVISION KUNDARA UNDER KOTTARAKKARA CIRCLE, KOLLAM RESIDING AT PUTHEN MADATHIL VEEDU, ELAMPALLUR,KUNDARA PO.,KOLLAM DISTRICT. BY ADV. SRI.S.SUNIL NARAYANAN RESPONDENTS: 1. KERALA STATE ELECTRICITY BOARD (KSEB), REP. BY ITS SECRETARY, VAIDYUDI BHAVAN, PATTOM THIRUVANANTHAPURAM. 2. CHIEF ENGINEER, HUMAN RESOURCE MANAGEMENT(HRM), VAIDYUDI BHAVAN PATTOM,THIRUVANANTHAPURAM. 3. CHIEF ENGINEER, DISTRIBUTION SOUTH POWER HOUSE, THIRUVANANTHAPURAM. 4. DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KOTTARAKKARA, KOLLAM. 5. EXECUTIVE ENGINEER, REGIONAL STORE DIVISION, KUNDARA, KOLLAM. 6. THE CHAIRMAN, KSEB, VAIDYUDI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 7. MADHU.K.N., SENIOR ASSISTANT, REGIONAL STORE, KUNDARA. BY SRI.K.S. ANIL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.19947 of 2008 -------------------------- Dated this the 2nd July, 2008 J U D G M E N T Petitioner, while stationed as Senior Assistant in the Kottarakara Circle of the Electricity Board at Kundara was proposed to be transferred out of Kottarakara Circle along with 46 other persons, as evidenced by Exhibit P2. Petitioner is Sl. No.45 in the Probable list of Senior Assistants to be transferred out during General Transfer 2008. Petitioner had already represented before the Chief Engineer, as evidenced by Exhibit P3 seeking a retention in Kottarakara itself. Apparently a representation had already been sent to the Chairman as well seeking intervention of the Chairman to see that the petitioner is permitted to remain in Kundara itself for personal reasons. In the meanwhile, Exhibit P4 has been passed by the Chief Engineer and the petitioner is transferred to Shoranur. This is under challenge in this writ petition. W.P ( C) No.19947 of 2008 2 2. I heard learned counsel for the petitioner and learned standing counsel for the Electricity Board. 3. Ttransfer of the petitioner from Kundara to Shoranur by itself may not invite an interference. But I think the Chairman should consider the petitioner’s contention as now urged that out of 46 persons proposed to be transferred out of Kottaraka Circle, only 33 persons who have longer tenure than the petitioner in Kottarakara Circle are ultimately transferred out of Kottarakara Circle. In other words, there are 11 other persons in the Kottarakara Cirlce, who are liable to be transferred ahead of the petitioner, even if, a transfer out of Kottarakara Circle becomes necessary. In my view, this aspect may be specifically considered by the Chairman. In the result, the writ petition is disposed of permitting the petitioner to file a representation before the Chairman of the Board indicating the above aspects against Exhibit P4, within a period of two W.P ( C) No.19947 of 2008 3 weeks from today. If it is so done, it shall be considered and disposed of by the Chairman with specific reference to the above facts, within a period of four weeks thereafter. (V.GIRI, JUDGE) ma W.P ( C) No.19947 of 2008 4 W.P ( C) No.19947 of 2008 5