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2021 Supreme(Online)(KER) 46000
HIGH COURT OF KERALA
ANU SIVARAMAN, J
RAVIKUMAR T., – Appellant
Versus
KRALA STATE ELECTRICITY BOARD – Respondent
WP(C)/22545/2020
SRI.N.SUNIL JOSEPH, SRI.ASOK M.CHERIAN
Administrative actions must follow established guidelines, and grievances should be duly considered for a fair decision.
Headnote:
Transfer - Writ Petition - Guidelines Non-Compliance - The court emphasized adherence to transfer guidelines and ordered a review of the petitioner's grievances regarding the transfer order, invoking fair administrative process.
Fact of the Case:
The petitioner challenged the transfer order from the Electrical Section, Kalanjoor to Enathu, claiming it violated transfer guidelines and sought redress for his grievances.
Finding of the Court:
The court held that the additional 3rd respondent must consider the petitioner's representation regarding the transfer, ensuring adherence to the stipulated guidelines.
Issues: Whether the transfer order was arbitrary, discriminatory, and not in compliance with the established transfer guidelines.
Ratio Decidendi: The court determined that administrative decisions must align with established guidelines and that grievances concerning such decisions ought to be addressed appropriately.
Final Decision: Writ petition disposed of directing review of transfer grievances by additional 3rd respondent within three weeks.
JUDGMENT
Dated this the 8th day of February 2021 This writ petition is filed seeking the following reliefs :-
“i) To issue a declaration that Exhibit P2 order issued by the 2nd respondent transferring the petitioner to Electrical Section at Enathu is illegal, arbitrary, discriminatory against Exhibit P1 transfer guidelines.
ii) To issue a further declaration that the act of the 2nd respondent in not considering the objection of the petitioner against his transfer in Exhibit P2 order, is illegal, arbitrary, discriminatory against Exhibit P1 transfer guidelines.
iii) To issue a writ of certiorari or any other appropriate writ, order or direction, call for the records leading upto Exhibit P2 and quash that part of Exhibit P2 order, transferring the petitioner from Electrical Section, Kalanjoor to Electrical Section, Enathu.
iv) To issue a writ of mandamus or any other appropriate writ or order, directing the respondents to retain the petitioner at Electrical Section, Kalanjoor or alternatively direct the respondents to grant him a posting at 66 KV Sub Station, Adoor, Pathanamthitta District as Overseer (Electrical).”
2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents
3. It is submitted by the learned counsel for the petitioner that the petitioner's transfer from the Electrical Section, Kalanjoor to the Electrical Section, Enathu is illegal and is against the provisions of the guidelines regarding transfer. Pointing out the grievances of the petitioner against the transfer, the petitioner has approached the additional 3rd respondent filing a detailed representation.
4. I am of the opinion that it is for the additional 3rd respondent to take an appropriate decision on the grievance raised by the petitioner, taking note of the provisions of the guidelines as well.
In the result, this writ petition is disposed of with a direction to the additional 3rd respondent to take up, consider and pass orders on Ext.P5 representation preferred by the petitioner, with notice to the petitioner as well, within a period of three weeks from the date of receipt of a copy of this judgment. Till orders are passed as directed above, the petitioner shall be permitted to continue on the basis of the interim order rendered by this Court.
Sd/-
ANU SIVARAMAN JUDGE NP APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF B.O.
(FTD) NO. 552/2018 PS-1(A) /3879/2016 DATED
01.03.2018.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PORTION OF ORDER NO. EB 4(B) /OVR(ELE)/GT/2020 DT. 04.09.2020 OF THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE CERTIFICATE NO. 646/2020 DATED 09.09.2020 ISSUED BY THE VILLAGE OFFICER, KALANJOOR.
EXHIBIT P4 TRUE COPY OF THE RELEVANT PORTION OF ORDER NO. EB-4(B) OVR/ELE GRIEVANCE /2020 DT.
16.10.2020 OF THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
02.02.2021 FILED BEFORE THE ADDITIONAL 3RD RESPONDENT RESPONDENT'S/S EXHIBITS: NIL
