IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 20932 of 2011(N) ---------------------------------- PETITIONER(S): -------------------- K.K.JAYAN, ASSISTANT ENGINEER, K.S.E.BOARD, ELECTRICAL SECTION, KOPPAM, PALAKKAD. BY ADVS. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENT(S): --------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 001. 2. THE CHIEF ENGINEER (H.R.M.), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 001. 3. THE DEPUTY CHIEFE ENGINEER, K.S.E.BOARD, ELECTRICAL CIRCLE, PALAKKAD - 678 001. 4. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, K.S.E.BOARD, SHORANUR - 679 121. BY ADV. SRI.K.S. ANIL, SC., K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.20932/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DATED 10/09/2009 ISSUED BY THE 2ND RESPONDENT. P2: COPY OF THE REPORT OF TRANSFER OF CHARGE OF THE PETITIONER DATED 20/03/2010. P3: COPY OF THE REPORT OF TRANSFER OF CHARGE OF THE PETITIONER DATED 31/07/2010. P4: COPY OF THE ORDER NO.EB.1(a)/ASSISTANT ENGINEER (ELE.)/ T & P/2011. DATED 29/07/2011 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.20932 of 2011 ---------------------------------------- Dated 5th August, 2011 JUDGMENT The petitioner is presently working as Assistant Engineer at Electrical Section, Koppam. This writ petition has been filed mainly challenging Ext.P4 order of transfer whereby the petitioner was transferred and alloted to Electrical Circle, Palakkad. The petitioner has raised various contentions assailing the said order. According to the petitioner, he came to Electrical Section, Koppam only on 31.7.2010. Normally, a person on transfer to a new station could continue there for a minimum period of five years, it is contended. The learned standing counsel appearing for the respondents submitted that the normal period is not five years as alleged by the petitioners, but it is three years. However, as a matter of right, the petitioner cannot contend that he should be permitted to continue there till completion of three years, it is contended. The learned standing counsel appearing for the respondents further submitted that in case the petitioner is having any grievance against Ext.P4 it will be open to him to file an appeal before the Board. In view of the said submission, I am inclined to dispose of this writ petition granting liberty to the petitioner to move the Board raising grievances against Ext.P4 order of transfer. In case WP(C).No.20932/2011 2 the petitioner desires to do so, he may do so within 10 days from the date of receipt of a copy of this judgment. When this matter came up for admission this Court passed an interim order on 1.8.2011 requiring the respondents to maintain status quo and on the strength of the same the petitioner is continuing at Electrical Circle, Koppam itself. In the said circumstances, it is further ordered that in case the petitioner files an appeal against Ext.P4 within the time stipulated above, the petitioner shall be permitted to continue there on the strength of the said interim order till an order is passed on the said appeal and communicated to him. Needless to say that continuance thereafter, would depend upon the decision on the appeal. Sd/- C.T.RAVIKUMAR Judge TKS