IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 WP(C).No. 7653 of 2008(J) ------------------------- PETITIONER: ------------ T.C.VARGHESE, SUPERINTENDENT, ELECTRICAL DIVISION OFFICE, K.S.E.B., THRIPUNITHURA. BY ADV. SRI.BABU PAUL RESPONDENTS: ------------- 1. THE K.S.E.B., REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN, PATTOM, TRIVANDRUM. 2. THE CHIEF ENGINEER, HRM, VYDHYUTHI BHAVAN, PATTOM, TRIVANDRUM. 3. EXECUTIVE ENGINEER, ELECTRIC DIVISION, K.S.E.B., THRIPUNITHURA. BY ADV. SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 7653 of 2008 -------------------------- Dated this the 13th March, 2008 J U D G M E N T On promotion as a Senior Superintendent, the petitioner who was stationed at Thripunithura was transferred and posted at the Electrical Sub Division, Perumbavoor. Petitioner challenged Exhibit P4 order before this Court. By Exhibit P1 judgment, petitioner's claim was directed to be considered by the Chief Engineer. This Court had indicated that the Chief Manager may consider petitioner’s claim that there are four vacancies in Thripunithura itself in the light of the fact that he is advised not to travel by the Medical board, as evidenced by Exhibit P2, and also in the light of the further fact that he is due to retire within six months. He prayed that he may be given posting in Thripunithura itself. It was considered by the Chief Engineer. By Exhibit P4 order dated 20.2.2008, his request was rejected, inter alia finding that the persons who were promoted along with petitioner were posted to the Electrical Circle,Srikandapuram in Kannur District. The petitioner was W.P ( C) No. 7653 of 2008 2 posted to the Electrical Circle, Perumbavoor, considering his request and taking note of the fact that he is due to retire on 31.7.2008 and that there exists more number of vacancies of Senior Superintendent at the Electrical Circle Perumbavoor, than at Electrical Circle, Ernakulam. Moreover, the promotion and posting was ordered in the exigencies of service and in public interest. 2. When the matter came up for admission on 6.3.2008, standing counsel was directed to get instructions as to whether there are still vacancies in the post of Senior Superintendent in Thripunithura. 3. On instruction, Sri.K.S.Anil, standing counsel for the Board produces before me a copy of the communication issued by the Executive Engineer, Electrical Division, Thripunithura stating that the sanctioned strength of Senior Superintendent, Electrical Division, in Thripunithura as on 11.3.2008 is 13 and the present working strength is 7. Therefore, there are six vacancies in Thripunithura Division. Though the aspects which were directed to be considered in Exhibit P1 judgment do not seem to have been correctly appreciated by the Chief Engineer W.P ( C) No. 7653 of 2008 3 in Exhibit P4, I am of the view that petitioner’s request may be considered by the Board itself taking note of the fact that petitioner is due to retire in a shortwhile and further taking note of his illness. It is noted that there are six vacancies of Senior Superintendent in the Electrical Division, Thripunithura. 4. In the result, the writ petition is disposed of directing the petitioner to file a representation indicating these aspects before the 1st respondent within a week from today and if so, it shall be considered with specific reference to the petitioner's physical illness, the fact that he is due to retire on 31.7.2008 and also that there are vacancies in Thripunithura Division. Such decision shall be taken on or before 10.4.2008. The petitioner shall produce a copy of the writ petition along with a copy of the judgment before the Secretary on or before 25.3.2008. (V.GIRI, JUDGE) ma W.P ( C) No. 7653 of 2008 4 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 W.P ( C) No. 7653 of 2008 5 ORDER 25th May, 2007 Common issues are raised for consideration in all these writ petitions. Reference is made to the facts in Writ Petition No.4562/2008 for the sake of convenience.