Anish Chandran S vs Kerala State Electricity Board And Ors

This writ petition is filed seeking the following reliefs :-

“i) Writ of Certiorari or in the nature of Certiorari calling for the records leading to Exhibit P2 and set aside the same to the extent it relates to the

transfer of the petitioner.

ii) To issue a Writ of Mandamus forbearing the respondents from proceeding with or enforcing Exhibit P2 order to the extent it relates to the transfer

of the petitioner.

iii) Writ of Mandamus or in the nature of mandamus or any other appropriate writ, direction or order directing the respondents to retain the petitioner

at least till the next general transfer in the present post ie; TC section Mattanur or to the post to which the petitioner is already transferred vide Ext

P1; ie; LMC I, Kannur, in the interest of justice.â€​

Heard the learned counsel for the petitioner and the learned standing counsel appearing for the KSEB.

It is submitted by the learned counsel for the petitioner that the petitioner, who is an Assistant Engineer, was working at the Electrical Section,

Talipparamba from where he had been posted to Electrical Section, Mattannur on working arrangement. In the meanwhile, it is stated that Ext.P2

order of transfer has been issued transferring the petitioner from Talipparamba to Vengad Electical Section, Kannur and it is stated in the order that

the transfer is on the request of the petitioner. The petitioner relies on Ext.P3 to show that no such request had been submitted by him for any transfer

from Talipparamba and that he has preferred Ext.P4 representation pointing out these aspects before the 2nd respondent. It is submitted that the

vacancy of Assistant Engineer at Vengad Electrical Section has already been filled up by Ext.P6 order dated 09.02.2021 and that the post at

Talipparamba is lying vacant.

It is further submitted by the learned counsel for the petitioner that the petitioner is continuing at Mattannur on working arrangement and that he has

not been relieved pursuant to Ext.P2.

In view of the contentions raised by the learned counsel for the petitioner that the petitioner had made no request for posting to Vengad Electrical

Section in Kannur, I am of the opinion that the representation submitted by the petitioner is liable to be considered in accordance with law.

In the above view of the matter, there will be a direction to the 2nd respondent to take up, consider and pass orders on Ext.P4 representation

preferred by the petitioner, taking specific note of the contention that the petitioner had made no request for any transfer from Talipparamba. The

contention of the petitioner that there is no substitute posted at Talipparamba and that he is liable to be permitted to continue there shall be considered

by the 2nd respondent in accordance with law. Orders shall be passed within a period of two weeks from the date of receipt of a copy of this

judgment. Till such time, if the petitioner is not relieved pursuant to Ext.P2, the status quo shall be maintained.

This writ petition is ordered accordingly.