IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 14810 of 2011(A) -------------------------- PETITIONER(S): ---------------------- 1. SEELIA TERESA P.S, ASST.EXECUTIVE ENGINEER(CIVIL) TRANSMISSION CIRCLE, KERALA STATE ELECTRICITY BOARD, THODUPUZHA 2. SUNIYATH P.A, SUB ENGINEER (CIVIL) TRANSMISSION CIRCLE, KERALA STATE ELECTRICITY BOARD, THODUPUZHA 3. ACCAMMA PETER SUB ENGINEER(CIVIL),TRANSMISSION CIRCLE KERALA STATE ELECTRICITY BOARD, THODUPUZHA BY ADVS. DR.K.P.SATHEESAN SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENT(S): ------------------------ 1. THE KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY,VIDYUTH BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695004 2. DEPUTY CHIEF ENGINEER, TRANSMISSION CIRCLE, KERALA STATE ELECTRICITY BOARD, THODUPUZHA-685 004. WP(C).No. 14810 of 2011(A) ------------------------------------- ADDL. R3 TO 5 ----------------------- ADDL.R3. V.K.JOSEPH, DEPUTY CHIEF ENGINEER, TRANSMISSION CIRCLE, KERALA STATE ELECTRICITY BOATRD, THODUPUZHA 685584. ADDL.R4. V.K.JOSEPH (TRANSMISSION SOUTH), KERALA STATE ELECTRICITY BOARD, VIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004. ADDL.R5. EXECUTIVE ENGINEER (TRANSMISSION DIVISION), TRANSMISSION CIRCLE, KERALA STATE ELECTRICITY BOARD, THODUPUZHA 685584. R1 TO R5 BY ADV. SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14810 of 2011(A) ------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------- EXT.P1. COPY OF ORDER OF THE SECRETARY, KERALA STATE ELECTRICITY BOARD DATED 02.12.2006. EXT.P2. COPY OF ORDER OF THE SECRETARY, KERALA STATE ELECTRICITY BOARD DATED 27.11.2006. EXT.P3. COPY OF LETTER OF MEMBER (TRANSMISSION) OF KERALA STATE ELECTRICITY BOARD DATED 02.03.2009. EXT.P4. COPY OF LETTER OF CHIEF ENGINER (TRANSMISSION-SOUTH) OF KERALA STATE ELECTRICITY BOARD DATED 13.01.2011. EXT.P5. COPY OF LETTER OF CHIEF ENGINEER (TRANSMISSION-SOUTH) OF KERALA STATE ELECTRICITY BOARD DATED 20.04.2011. EXT.P6 - COPY OF SUBMISSION MADE BY THE PETITIONERS AND OTHERS TO THE CHIEF ENGINEER (TRANSMISSION-SOUTH) DATED 01.03.2011. EXT.P7 - ORDER OF ALLOCATION BY DEPUTY CHIEF ENGINEER (TRANSMISSION- SOUTH) DATED 06.04.2011. EXT.P8. ORDER OF DEPUTY CHIEF ENGINEER (TRANSMISSION CIRCLE), KERALA STATE ELECTRICITY BOARD, THOUDUPUZHA DATED 21.05.2011. EXT.P9. REPRESENTATION SUBMITTED BY 1ST PETITIONER TO DEPUTY CHIEF ENGINEER REQUESTING FOR ALLOTMENT OF SUFFICIENT STAFF AND BASIC REQUIREMENTS DATED 26.05.11. EXT.P10. REPLY BY EXECUTIVE ENGINEER TO 1ST PETITIONER DATED 1.06.11. RESPONDENT'S EXHIBITS --------------------------------------- EXT.R2 (A). COPY OF THE DETAILS OF OFFICE FURNITURE. FIXTURES AND STATIONARY ITEMS EXT.R2(B). COPY OF THE DETAILS OF BUILDING. EXT.R2 ©. COPY OF THE SITE PLAN OF THE OFFICE BUILDING. EXT.R2(D). COPY OF B.O DATED 04.06.2009. EXT.R2(E). COPY OF LETTER NO.TPC2/356/2009 DATED 25.04.2011. EXTR2(F). COPY OF ORDER DATED 31.5.2011 EXT.R2(G). COPY OF ORDER DATED 21.05.2011. / TRUE COPY / P.A. TO JUDGE VK C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.14810 of 2011 ---------------------------- Dated 27th July, 2011 JUDGMENT In view of the submission made by the learned counsel for the petitioners I do not think it necessary to narrate the facts of this case in detail. This writ petition has been filed mainly challenging Ext.P8 order whereby the petitioners were transferred to execute the civil works associated with Senapathy Sub Station, Kuthunkal Bay extension and 33 KV Substation, profile survey of the proposed Kuthungal - Nedumkandam 110 KVDC line and any other work assigned by the concerned Executive Engineer. The specific contention of the petitioners is that it is a transfer under the guise of redeployment on working arrangement. However, when this matter is taken up for consideration today, the learned counsel for the petitioners submitted that the writ petition could be closed recording the submissions made in the counter affidavit filed on behalf of the second respondent. In fact, it is the remarks made in Ext.P8 order that made the petitioners to approach this Court. It gave an impression that no proper facilities are available in the transferred place. However, in paragraphs 16 and 20 of the additional counter affidavit filed on behalf of the second respondent it has been specifically stated that all arrangements have been made WP(C).No.14810/2011 2 including the arrangement for conveyance. In paragraph 20 it is assured that for the satisfactory execution of the works for which they have been re-deployed all the assistance would be provided by the Executive Engineer and Deputy Chief Engineer. Evidently, the statements in paragraph 16 would reveal that suitable residential quarters would be available to the petitioners and the respondents have already taken appropriate steps to redress the grievances highlighted by the petitioners in this writ petition. In view of the said circumstances, recording the statements in paragraphs 16 and 20 of the said counter affidavit and the assurance that such facilities would be made available to the petitioners this writ petition is closed. Sd/- C.T.RAVIKUMAR Judge TKS