IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 28826 of 2008(F) -------------------------------------- PETITIONER: ------------------- DENIS LAURANCE, NJAVARAKATTU, KARIMANNOOR, THODUPUZHA, SENIOR ASSISTANT UNDER ORDERS OF PROMOTION AS SENIOR SUPERINTENDENT, KERALA STATE ELECTRICITY BOARD, CIVIL CIRCLE, MEENCUT, CHITHIRAPURAM, IDUKKI DISTRICT. BY ADV. MR.JOSE J.MATHAIKAL. RESPONDENTS: ------------------------ 1. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF POWER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. R1 BY MR.ASOK M.CHERIYAN, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/06/2009, ALONG WITH W.P.(C). NO. 4283/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.28826/2008-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RELEVANT PORTION OF TRANSFER ORDER ISSUED BY R.1. ON 19/08/2008. EXT.P.2: COPY OF THE LETTER DTD. 20/08/2008 BY DY. C.E. EXT.P.3: COPY OF THE NOTE DTD. 17/09/2008 BY C.E. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. ----------------------------------------------------------- W.P.(C)Nos.28826 of 2008 and 4283 of 2009 ------------------------------------------------------------ Dated 1st June, 2009 JUDGMENT Heard Sri.Jose J Matheikel, the learned counsel appearing for the petitioner and Sri.Ashok M. Cheriyan, the learned Standing Counsel appearing for the Kerala State Electricity Board. 2. The petitioner in these two writ petitions is the same. The first writ petition was filed challenging the petitioner's transfer from Civil Circle, Kothamangalam to Electrical Circle, Kasaragode. The second writ petition was filed when the vacancy in the office of the Kerala State Electricity Board at Meencut in Idukki District where the petitioner was working was filled up by transferring the third respondent in that writ petition from Thrissur. By Ext.P1 produced in W.P.(C)No.28826 of 2008, the petitioner who was then working as Senior Assistant was promoted to the category of Senior Superintendent and transferred from Civil Circle, Kothamangalam to Electrical Circle, Kasaragode. By an interim order passed on 29.9.2008, the petitioner's transfer was stayed. While matters stood thus, the official respondents posted the third respondent in W.P.(C) No.4283 of 2009 as the petitioner's substitute in the office where he was working when Ext.P1 order was passed. W.P.(C)No.4283 of 2009 WP(C).Nos28826/2008 & 4283/2009. 2 was thereupon filed challenging the third respondent's posting as the petitioner's substitute at Meencut. The operation of that order was also stayed in W.P.(C)No.4283 of 2009. 3. The pleadings disclose that the third respondent in W.P. (C)No.4283 of 2009 does not question his transfer to Meencut. The pleadings also disclose that no substitute has been posted in the third respondent's place at Thrissur. Ext.P1 order of transfer was passed on 19.8.2008, nearly nine months back. As a result of the interim order passed by this Court staying the petitioner's transfer, the respondents have not given him the benefit of promotion also. When these writ petitions came up for hearing today, the learned counsel appearing for the petitioner submitted that the petitioner is prepared to work at Thrissur in the place of the third respondent in W.P.(C)No.4283 of 2009 who does not question his transfer from Thrissur to Meencut. The learned Standing Counsel appearing for the Kerala State Electricity Board submitted that the third respondent in W.P.(C)No.4283 of 2009 has not yet been relieved from Thrissur. In my opinion, as the third respondent in W.P.(C)No.4283 of 2009 does not question his transfer to Meencut, the third respondent necessarily has to be relieved from Thrissur. The resultant vacancy at Thrissur can be filled up by appointing the petitioner as the third respondent's substitute. In such WP(C).Nos28826/2008 & 4283/2009. 3 circumstances, I dispose of these writ petitions with a direction to the Chief Engineer (HRM), Kerala State Electricity Board to post the petitioner as the substitute of the third respondent in W.P.(C)No.4283 of 2009 at Thrissur. Necessary orders in that regard shall be passed within two weeks from today. P.N.RAVINDRAN Judge TKS