PAUL P.R. Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner who is presently working as Assistant Engineer (Electrical) in the service of 1st respondent Kerala State Electricity Board, is aggrieved by the impugned Ext.P-10 transfer order dated 30.7.2016 whereby, he has been ordered to be transferred from his present station at Electrical Section, Udiyankulangara, Trivandrum District to Electrical Circle, Manjeri, Malappuram District. The sheet anchor of the petitioner's case is that the petitioner had duly secured permission from the competent authority of the respondent Kerala State Electricity Board to join for the three year part time evening L.L.B course in the Government College of Law (evening), Thiruvananthapuram as evident from Ext.P-2 proceedings dated 26.5.2015 issued by the 3rd respondent Chief Engineer and that pursuant to this he had joined for the first year of the LLB course in the academic year 2015-16 and his three year course will end only in the academic year 2017-18 and that the present impugned transfer as per the impugned Ext.P-10 when he is in the midst of second year L.L.B Course, is in blatant violation of Clause 6 (ix) of Ext.P-5 transfer norms dated 30.5.2013 issued by the respondent Kerala State Electricity Board, etc. It is also pointed out that there is no Government Law College or Private Law College at Manjeri where he has been ordered to be transferred and it is impossible for him to continue his evening LLB course at Thiruvananthapuram and therefore the impugned transfer proposal is enforced, petitioner is bound by the agreement executed at the time of his admission, to pay a liquidated damages of Rs.25,000/- to the State Government for discontinuance of studies as evident from Ext.P-1. It is also averred that the petitioner has aged parents to look after and if the petitioner is forced to join in the new station at Manjeri, Malappuram District, then his parents who are permanently settled in Thiruvananthapuram will suffer untold hardships and difficulties as none is there to look after them. Ext.P-8 is the medical certificate issued with respect to his father's oldage ailments and Ext.P-9 is the certificate dated 16.5.2016, issued by the Village Officer concerned, certifying that the petitioner's father is a dependent of the petitioner. It is in the light of these facts and circumstances the petitioner had filed the instant writ petition (civil) with the following prayers:-

(2.) Heard Sri.P.J.Elvin Peter, learned counsel for the writ petitioner and Sri.K.S.Anil, learned Standing Counsel for KSEB appearing for the respondents.

(3.) It is seen from a mere perusal of Ext.P-2 proceedings dated 26.5.2015, issued by the 3rd respondent Chief Engineer (Human Resources Management) of the Board that the said competent authority of the Board had duly given permission to the petitioner to join the three year LLB evening course at Government Law College (evening) Thiruvananthapuram. However, the said permission is with the specific condition that the said prosecution of study by the petitioner "will not entail any protection for him from transfer or transfer from the present station to any other station and that the study shall not affect his normal duties or responsibilities in the Kerala State Electricity Board Limited,etc." It is urged by Sri.P.J.Elvin Peter, learned counsel for the writ petitioner that Ext.P-3 norms dated 21.7.2016 issued by the respondent Board will make it clear from a reading of Note-3 of Clause II of those norms that station means, which defines with station. Note-3 of Clause II of Ext.P-3 reads as follows:-