A.S. Chacko vs The Deputy Chief Engineer on 22 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16812 of 2009(V)


1. A.S. CHACKO, SUB ENGINEER,
                      ...  Petitioner

                        Vs



1. THE DEPUTY CHIEF ENGINEER,
                       ...       Respondent

2. EXECUTIVE ENGINEER,

3. EXECUTIVE ENGINEER,

                For Petitioner  :SRI.V.RAJENDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :22/06/2009

 O R D E R
                               P.N.RAVINDRAN, J.
                =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                        W.P.(C) No. 16812 of 2009
                =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                   Dated this the 22nd day of June, 2009

                                JUDGMENT

Heard Sri. V. Rajendran, the learned counsel appearing for the

petitioner and Sri. K.S. Anil, the learned standing counsel appearing for the

respondents.

2. The petitioner is a Sub Engineer working in the Kerala State

Electricity Board. He entered service on 1-1-2004 and was initially posted

in Kannur district. Thereafter, in the year 2006 he was transferred and

posted in Ernakulam district. On transfer to Ernakulam district, he was

posted in Electrical Section, Thoppumpady under Mattancherry Division.

Later, by Ext.P3 order, he was transferred to Electrical Division,

Tripunithura at his request. The petitioner’s grievance is that though one

year has passed after Ext.P3 order was issued, it has not so far been

implemented.

3. The learned standing counsel for the respondents submits that the

petitioner could not be relieved from Electrical Section, Thoppumpady for

want of a substitute. Ext. P3 order has not been varied or modified.

Therefore, the respondents are bound to give a posting to the petitioner in

W.P.(C) No. 16812/09 V 2

Electrical Division, Tripunithura. Ext.P3 order was passed on 30-5-2008

and more than one year has passed thereafter. In these circumstances, the

Kerala State Electricity Board cannot contend that the petitioner could not

be relieved for want of a substitute. It is for the Kerala Electricity Board to

find a substitute to be posted in Electrical Section, Thoppumpady.

I accordingly, dispose of this writ petition with a direction to the

competent authority among the respondents to give effect to Ext.P3 by

posting the petitioner in Electrical Division, Tripunithura within two

months from today.

P.N.RAVINDRAN,
JUDGE.

mn.