Kerala High Court

WP(C)/13364/2025 of JIJESH. N.K Vs THE KERALA STATE ELECTRICITY BOARD LIMITED on 11 April 2025

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OF 2025 1 2025:KER:31951 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 WP(C) NO. 13364 OF 2025 PETITIONER: JIJESH. N.K AGED 43 YEARS S/O KUNJIKANNAN, NALAMKANDATHIL, VAIKUNDAM HOUSE, MUNDAYAD

WP(C) NO. 13364 OF 2025

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE D. K. SINGH

FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947

WP(C) NO. 13364 OF 2025

PETITIONER:

JIJESH. N.K

AGED 43 YEARS

S/O KUNJIKANNAN, NALAMKANDATHIL, VAIKUNDAM HOUSE, MUNDAYAD

P.O.VARAM, KANNUR, PIN - 670594

BY ADVS.

JIJUMON H.

ARSHA SATHEESAN

HEMANTH H.

RESPONDENTS:

THE KERALA STATE ELECTRICITY BOARD LIMITED

(KSEBL) REPRESENTED BY ITS MANAGING DIRECTOR & CHAIRMAN, VAIDYUTHIBHAVAN, THIRUVANANTHAPURAM, PIN - 695004

THE CHIEF ENGINEER (HRM)

KERALA STATE ELECTRICITY BOARD LIMITED, VAIDYUTHIBHAVAN, THIRUVANANTHAPURAM, PIN - 695004

ANIL K.S.-SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

11.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 13364 OF 2025

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JUDGMENT

Dated this the 11th day of April, 2025

The petitioner is working as an Overseer (Ele) in the Kerala State Electricity Board Limited (KSEBL) has filed this writ petition impugning the decision of the Board to transfer him from Pazhayangadi Electrical Section (Payyannur Geographical Area) to Pulamanthol Electrical Section (Perinthalmanna Geographical Area).

2. The petitioner had made a representation against the said transfer order, in pursuance to the liberty granted by this Court in Judgment dated 10.01.2025 in W.P.(C.) No.574/2025 filed by the petitioner impugning the same transfer order. The said representation has been decided vide order dated 07.02.2025(Ext.P7) stating the following reasons for his transfer: “Being one among in the station seniority list, he was transferred from his domicile Electrical Section, Pallikunnu under his domicile station i.e. Kannur division, to Electrical Section, Pazhayangadi under Electrical Division, Payyannur in GT 2023. Again, when he became district senior, he was transferred out from his domicile district to Electrical Section, WP(C) NO. 13364 OF 2025

Pulamanthol under Electrical Division, Perinthalmanna in GT 2024. With above facts, it can be concluded that the trans-fer of the petitioner to the respective offices were in accordance with the transfer guidelines and hence the petition of the incumbent has no merits. Therefore, the request of the petitioner for transfer from Electrical Section, Pulamanthol to his domicile district cannot be considered and hence declined.”

3. Considering the reasons assigned in the order dated 07.02.2025 while disposing of the representation of the petitioner as well as the fact that the petitioner holds a transferable post and can be transferred to any place where the KSEBL has its offices, work and posts where the petitioner can be transferred, this Court would not like to interfere with the transfer and posting of an employee, unless the transfer and posting is against the Service Rules or malafide. For the reasons stated in the order dated 07.02.2025, the petitioner has been transferred for valid administrative reasons. This Court did not find any ground to interfere with the transfer and posting of the WP(C) NO. 13364 OF 2025

petitioner, which is neither malafide nor against the Service Rules. In view thereof, the present writ petition is hereby dismissed. Sd/- D.K. SINGH JUDGE AP

WP(C) NO. 13364 OF 2025

APPENDIX OF WP(C) 13364/2025

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE RELEVANT PAGES OF THE PROCEEDINGS OF THE CHIEF ENGINEER (HRM) KSEBL THIRUVANANTHAPURAM, NO. EB 4(B)/OVR(ELE)/GT/2022 DATED 21.07.2022

Exhibit P2 THE TRUE COPY OF BO (FTD) NO.60/2024 (PS 1(A)/OLGT-2024/GUIDELINES FOR WORKMEN)DATED 02.02.2024 ISSUED BY KSEBL

Exhibit P3 THE TRUE COPY OF THE RELEVANT PAGES OF THE PROCEEDINGS OF THE CHIEF ENGINEER (HRM) KSEBL THIRUVANANTHAPURAM, NO. EB 4(B)/OVR (ELE)/GT/2024 DATED 02.08.2024

Exhibit P4 THE TRUE COPY OF THE STATION WISE DISTRICT SENIORITY (PROVISIONAL) OF PAYYANNUR GEOGRAPHICAL AREA (SENIORITY RECKONED UPTO 31-05-2023)

Exhibit P5 THE TRUE COPY OF THE JUDGMENT OF HON'BLE KERALA HIGH COURT IN JIJESH N K VS. THE KERALA STATE ELECTRICITY BOARD LIMITED [WP(C) NO. 574 OF 2025] DATED 10.01.2025

Exhibit P6 THE TRUE COPY OF THE RTI APPLICATION DATED 17.01.2025 SUBMITTED BY ADV. JIJUMON. H

Exhibit P6 (a) THE TRUE COPY OF THE RTI REPLY NO.EB7(A)/RTIA/31&37/2025/57 DATED 04.01.2025 ISSUED BY SPIO, KERALA STATE ELECTRICITY BOARD LIMITED

Exhibit P7 THE TRUE COPY OF THE PROCEEDINGS OF THE CHIEF ENGINEER (HRM) KERALA STATE ELECTRICITY BOARD LIMITED NO.EB4(B)/OVR(ELE)/JIJESH N K/2024-25/232 DATED 07.02.2025

Exhibit P8

GUIDELINES FOR THE ONLINE GENERAL TRANSFER OF THE WORKMEN BO (FTD) NO. 83/2023 [PS1 (A)/OLGT- 2023/GUIDELINES FOR WORKMEN] DATED 27.02.2023

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