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2013 Supreme(Ker) 561

THOTTATHIL B.RADHAKRISHNAN, BABU MATHEW P.JOSEPH
K. Santhosh Assistant Engineer, Kerala State Electricity Board – Appellant
Versus
Chief Engineer (H. R. M. ) – Respondent


Advocates:
Advocate Appeared:
For the Appellants:Dr. K.P. Satheesan, Sr. Advocate, S. Vibheeshanan, Advocate.
For the Respondent: K.S. Anil, SC, KSEB.

Judgment :

Thottathil B. Radhakrishnan, J.

1. Appellants challenge the judgment of learned single Judge, refusing to interfere with their orders of transfer, which are essentially general in nature.

2. Heard learned Senior Counsel for the appellants and learned Standing Counsel for the Kerala State Electricity Board, for short, 'KSEB'.

3. Two issues are raised before us on behalf of the appellants.

4. One is that going by the general transfer norms relating to officers, the minimum period during which the employee belonging to SC/ST category could continue in a station is five years. The learned single Judge rightly noted that the appellants had initially worked in the category of workers, governed also by the labour agreements with the intervention of the trade unions and that they had a total period of more than five years in both categories taken together. This is impeached as unavailable on the basis of the Board orders regulating the guidelines.

5. The second argument is that going by Exhibit P8, there are many employees who continue to be parked in particular stations, while the appellants have not even completed five years in a particular station as Assistant Engineers.









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