IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 24824 of 2011(C) -------------------------- PETITIONER(S): --------------- ABDUL KALAM AZAD, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, NILAMBUR, MALAPPURAM DISTRICT, (UNDER ORDER TO TRANSFER). BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS CHAIRMAN, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER, (HRM), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM-695001. 3. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISIONS NILAMBUR-679329. 4. RAGUNATHAN C, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, TIRUVALI, NILAMBUR DIVISION, MALAPPURAM DISTRICT-679346. 5. MOHAMMED ALI K.K., SUB ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, NILAMBUR, MALAPPURAM DISTRICT-679329. BY SRI.K.S.ANIL - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24824 of 2011(C) APPENDIX PETITIONER(S) EXHIBITS EXT.P1 COPY OF THE RELEVANT PAGES OF TRANSFER ORDER DATED 25/8/2011 ISSUED BY THE 2ND RESPONDENT. EXT.P2 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 26/8/2011. EXT.P3 COPY OF THE COVERING LETTER ISSUED BY THE 3RD RESPNDENT TO THE 2ND RESPONDENT. EXT.P4: COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DTD.2.9.2011 EXT.P5: COPY OF THE VACANCY POSITION ISSUED BY THE DEPUTY CHIEF ENGINEER ELECTRICAL CIRCLE, MANJERI DTD.5.9.2011 RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE ab K. SURENDRA MOHAN, J. ----------------------------------- W.P(c)No. 24824 of 2011 --------------------------------- Dated this the 12th day of October, 2011 JUDGMENT The petitioner, who is working as Sub Engineer in the Nilambur Electrical Section in Nilambur Division of the Kerala State Electricity Board (KSEB for short) has filed this Writ Petition challenging Ext.P1 transfer order by which, he has been transferred to the Electrical Circle, Tirur. According to the petitioner, there is no justification whatsoever, for his transfer out of Nilambur Division. Especially, in view of the fact that, vacancies are available for retaining him in the Nilambur Division itself. The petitioner places reliance on a communication issued by the Deputy Chief Engineer, Electrical Circle, Manjeri showing the vacancy position of staff as on 01.09.2011. According to the said communication, 12 vacancies of Sub Engineers and 44 vacancies of Line Men are available, to one of which the petitioner could have been posted. 2. The learned Standing counsel for Kerala State Electricity Board on the other hand points out that even if such vacancies are available, they would have to be untilised for accommodating W.P(c)No. 24824 of 2011 2 persons with superior claims than the petitioner. Therefore, a decision in this regard would be taken by Chief Engineer, who is the second respondent herein after considering all aspects. Since Ext.P2 representation submitted by the petitioner has already been forwarded to the second respondent as per Ext.P3, it is submitted that the said authority may be directed to consider the matter expeditiously. 3. This Writ Petition is accordingly disposed of directing the second respondent to consider the representation submitted by the petitioner evidenced herein by Ext.P2 in accordance with law, and to pass appropriate orders thereon, as expeditiously as possible, at any rate within a period of four weeks from the date of receipt of a copy of this judgment. sd/- K. SURENDRA MOHAN, JUDGE /True copy/ P.A.to judge ln