IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 30162 of 2008(Y) ---------------------------------------- PETITIONER(S): ------------------------ 1. PRASHANTH L.R., S/O RAVEENDRAN. R, CASHIER KSEB, ELECTRICAL SECTION, CHURPALASSERI, RESIDING AT PULARI, AMACHAL P.O., THIRUVANANTHAPURAM. 2. SUDHINKUMAR B, CASHIER, KSEB, ELECTRICAL SECTION, KOPPAM, RESIDING, AT VILAYIL, MAVARATHALA, AMBALATHINLKALA P.O., THIRUVANANTHAPURAM. 3. SREEJITH G.S., CASHIER, ELECTRICAL SECTION KSEB, CHURPALASERRI, RESIDING AT GOKULAM TC 41/1340, MANACUAD P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.K.VIJAYAN SRI.SUMAN CHAKRAVARTHY RESPONDENT(S): --------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VAIDHYUDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM), K.S.E.BOARD, VAIDHYUDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, ELECTRIC SECTION, KSE BOARD,SHORNUR DIVISION. ADV. SRI. K.S.ANIL, SC, KSEB FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO:30162 OF 2008 ----------------------------- Dated this 22ND DAY OF OCTOBER, 2008 J U D G M E N T The petitioners are Cashiers working in various Electrical Sections under Shornur Division. By Ext.P1 order of transfer they stand transferred and posted to various Electrical Circles in Thiruvananthapuram Division. The grievance voiced by the petitioners is that though Ext.P1 order of transfer was passed as early as on 10-4-2008, till date they have not been relieved from their present stations by the 3rd respondent for want of substitutes. Relying on Ext.P2 Circular dated 8-11-2001 issued by the Board it is contended that the respondents are bound to relieve them within 15 days from the date of receipt of the order of transfer. In this writ petition, the petitioners have prayed for a writ in the nature of mandamus commanding the respondents to give effect to the order of transfer by relieving them at the earliest. 2. I have heard Sri.K.S.Anil, the learned counsel appearing for the respondents as well. The learned standing counsel submits that the order of transfer itself states that the transferred employees will be relieved only after ensuring that the work in the office can go on smoothly and that for want of substitutes, the respondents are not in a position to give effect to the order of transfer at present. The learned standing counsel further W.P.(C) NO:30162 OF 2008 2 submits that there is dearth of Cashiers in the service of the Board, that the selection process initiated is nearing completion and that the Board would be in a position to relieve the petitioners by posting substitutes in their places within another six months only. Transfer and posting of employees is done taking note of the administrative exigencies. When the Board says that due to dearth of Cashiers they are not in a position to find substitutes to be posted in the place of the petitioners, this Court cannot in the absence of any cogent material come to the conclusion that the transfer order is being kept in abeyance for extraneous reasons and direct the Board to forthwith relieve the petitioners and give effect to the order of transfer. Such being the situation I dispose of the writ petition with a direction to the competent authority among the respondents to relieve the petitioners by posting substitutes in their places at the earliest and in any case within four months from today. P.N.RAVINDRAN, JUDGE bps