Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE20H DAY OF AUGUST201429TH SRAVANA, 1936 WA.No. 1149 of 2014 () IN WP(C).20301/2014 -------------------------------------------- AGAINST THE ORDER
/JUDGMENT
IN WP(C) 20301/2014 of HIGH COURT OF KERALA DATED0808-2014 APPELLANT(S): -------------- 1. RAJEEV AGED50YEARS S/O SEKHARA PANICKER, KILLIAD, KALAVOOR P.O ALAPPUZHA2 PRAKASH AGED33YEARS S/O UPENDRAN, ARIVANOOR MADOM, THAMALLAKKAL HARIPAD, ALAPPUZHA3 ARUN, AGED40YEARS S/O BHASKARAN PILLAI, KANNATH PAZHAVEEDU P.O ALAPPUZHA4 JACOB, AGED49YEARS S/O JOB, VELISHERYIL, THUMPOLY P.O ALAPPUZHA5 MURALEEDHARAN, AGED48YEARS S/O DAMODHARAN, MATTATHIL, S.L PURAM P.O ALAPPUZHA BY ADV. SRI.P.SHANES METHAR RESPONDENT(S): -------------- 1. THE KERALA STATE ELECTRICITY BOARD VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM69500 RPERESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR2 THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ELECTRICITY BOARD LTD, VYDYUTHI BHAVAN PATTOM, THIRUVANANTHAPRUAM69500 3. THE CHIEF ENGINEER (HRM), KSEB LTD, VYDYUTHI BHAVAN, PATTOM THIRUVANANTHAPURAM, 695004 4. THE SECRETARY, ALLEPPEY ELECTRICITY EMPLOYEES CO-OPERATIVE SOCIETY (LTD NO A769 POWER HOUSE, ALLEPPEY68800 R1 TO R3 BY SRI.K.S.ANIL, SC, KSEB THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON2008-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.A.No. 1149 of 2014 ---------------------------------------------- Dated this the 20th August, 2014 JUDGMENT
Ashok Bhushan, Ag.CJ.
Heard learned counsel for the appellants and the learned Standing Counsel appearing for the Electricity Board.
2. This Writ Appeal has been filed against the judgment dated 8.8.2014 in W.P(C).No.20301/2014, by which judgment, the Writ Petition filed by the appellants challenging the transfer order has been dismissed. The appellants filed the Writ Petition stating that they are serving as members of the Director Board of the Electricity Employees Co-operative Society (Alleppey), having been elected to such office from 2009 onwards. They submitted that according to Exhibits P1 and P2, they were entitled to have protection from being transferred for a single term and thus, entitled to continue upto September, 2014. WA.1149/14 2 3. The Electricity Board itself came with the case before the learned Single Judge that they are not violating the norms. But it was submitted that since the term is coming to an end in August, 2014, for which election is already notified, they shall be transferred after declaration of the result of the election. The learned Single Judge, after considering the submission, directed that respondents may implement Exhibits P5 to P7 in respect of the appellants only subject to declaration of the result in respect of the election to the Board of directors of the Electricity Employees Co-operative Society (Alleppey). The appellants, by virtue of norms as referred in the Writ Petition, were entitled to continue for one term without being subjected to transfer. The said term admittedly has come to an end after the election has been held. The learned Single Judge has already protected the appellants' interest that the order of transfer be implemented only after declaration of result of the election. WA.1149/14 3 We do not find any error in the judgment of the learned Single Judge, which may warrant interference of the writ appellate jurisdiction. The Writ Appeal is dismissed. ASHOK BHUSHAN ACTING CHIEF JUSTICE A.M.SHAFFIQUE, JUDGE vgs21/8/14