KERALA STATE ELECTRICITY BOARD ENGINEERS ASSOCIATION Vs. CHAIRMAN AND MANAGING DIRECTOR KERALA STATE ELECTRICITY BOARD LIMITED

JUDGEMENT

(1.) The Kerala State Electricity Board Engineers' Association has filed this writ petition challenging the norms for transfer issued by the Kerala State Electricity Board Limited (hereinafter referred to as 'the Board' for short) in Ext.P12 to the extent it relates to the flagged post as well as posting strength. They also seek directions to the respondents to issue online transfer excluding the concept of flagged post and the concept of zero posting centre. According to them, their representations Exts.P14 and P16 are not considered by the Board.

(2.) The online transfer system was adopted in the Board since the year 2017 and orders of transfer were issued after fixing the guidelines Ext.P2 on 11.8.2017. The petitioner had complaints against Ext.P2 norms also, against which they submitted representations. Whileso before steps were taken for online transfer 2018, the Chief Engineer (HRM) had as per Ext.P6 letter dt.14.2018 requested all the employees' associations under the Board to provide suggestions on the flagged post to reach that office before 16.2018. The petitioner association had submitted Exts.P8 and P9 representations demanding modifications to the norms. Thereafter, a meeting was convened on 26.2018 by the Managing Director with the officers' associations. Ext.P12 norms were issued for the general transfer of 2018 on 1.3.2018. The petitioner submits that the representations submitted by the petitioner association were not considered though they had submitted Ext.P11 representation also before the Chief Engineer on 16.2018, apart from Exts.P8 and P9 representations.

(3.) The grievance of the petitioner raised in this writ petition is with respect to clause 6 of the norms Ext.P12, which relates to flagged post. According to the petitioner, no criteria is fixed for selecting the flagged post or filling up those posts and it is alleged that clause 6 was inserted in order to protect the vested interest of a particular group. It is alleged that postings were not made in the general transfer for 2017 following any criteria though the Chief Engineer(HRM) had issued Ext.P4 explaining the same. Their further contention is that 5% of the post in each cadre are flagged in all the districts and the flagged posts will be increased every year by allotting 5% each year. According to them, there is no clarity in the definition of flagged post in clause 6. Yet another contention is regarding the posting strength. It is stated that applications can be submitted only against revised posting strength of 2018 and in the year 2018 it is curtailed without any reduction in the cadre strength. It is stated that the posting strength is reduced to zero in several important stations on account of which applications could not be made to these stations.