WP(C) NO. 24532 OF 2024 1 2025:KER:29158 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 24532 OF 2024 PETITIONER/S: SURESH BABU.R, AGED 52 YEARS, S/O.N.B.RAJAGOPAL, SENIOR TECHNICAL ASSISTANT, AGENCY FOR NEW AND RENEWABLE ENERGY RESEARCH AND TECHNOLOGY (ANERT), VIKAS BHAVAN.P.O, THIRUVANANTHAPURAM, RESIDING AT GOPIKA BHAVAN, VAYALIKKADA, VATTIYOORKAVU.P.O, THIRUVANANTHAPURAM, PIN - 695033 BY ADVS. BRIJESH MOHAN; RESMI G. NAIR RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, POWER DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 2 AGENEY FOR NEW AND RENEWABLE ENERGY RESEARCH AND TECHNOLOGY (ANERT) VIKAS BHAVAN.P.O, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER., PIN - 695033 3 THE CHIEF EXECUTIVE OFFICER AGENEY FOR NEW AND RENEWABLE ENERGY RESEARCH AND TECHNOLOGY (ANERT), VLKAS BHAVAN.P.O, THIRUVANANTHAPURAM,, PIN - 695033 BY ADVS.T.R.HARIKUMAR; ARJUN RAGHAVAN(K/1277/2012) PARVATHY KOTTOL-GP THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 24532 OF 2024 2 2025:KER:29158 JUDGMENT The petitioner is a Senior Technical Assistant with the Agency for New and Renewable Energy Research and Technology (ANERT), a State Government concern. He has remained posted throughout his career since his initial appointment in 1995 at Thiruvananthapuram. 2. The 2nd respondent is executing a solar energy project of the State Government in Idukki over 200 acres of land. To work on the said project, the petitioner has been transferred the first time vide impugned order in Ext.P1 dated 01.02.2024. Despite more than one year gone by the petitioner has not joined his transferred place of posting. 3. Under the relevant Service Rules, the petitioner does not have a right to remain posted in one place throughout his career. The petitioner can be posted anywhere where the second respondent executes the work. The petitioner's transfer is neither mala fide nor against the concerned Service Rules. WP(C) NO. 24532 OF 2024 3 2025:KER:29158 4. Transfer and posting of an employee is an administrative job to be performed by the competent authority, and Courts have no role to interfere with the transfer and posting of the employees unless the transfer order is mala fide or against the Service Rules. None of the aforesaid two grounds are available in the present writ petition to interfere with the transfer of the petitioner from his present place of posting at Thiruvananthapuram to Idukki where the second respondent is executing the solar energy project of the State Government. 5. In view thereof, I find no substance in this writ petition which is hereby dismissed. It is for the 2nd respondent to take appropriate decision if the petitioner does not join his transferred place of posting within one week from today. Sd/- D. K. SINGH JUDGE jjj WP(C) NO. 24532 OF 2024 4 2025:KER:29158 APPENDIX OF WP(C) 24532/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF ORDER A.O NO.29/2024/ ANERT DATED 1-2-2024 ISSUED BY THE 3RD RESPONDENT. Exhibit P2 TRUE COPY OF GO(MS)NO.8/2021/POWER DATED 25-2-2021 ISSUED BY THE 1ST RESPONDENT. Exhibit P3 TRUE COPY OF THE RELEVANT EXTRACT OF THE REPORT OF RESTRUCTURING OF THE 2ND RESPONDENT ISSUED IN 2019 Exhibit P4 TRUE COPY OF GO(MS)NO.12/2004/PD DATED 5-6-2004 ISSUED BY THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE MEMORANDUM OF ASSOCIATION ALONG WITH THE RULES AND REGULATION IN RESPECT OF THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF GO(MS)NO.26/2015/PD DATED 17-7-2015 ISSUED BY THE 1ST RESPONDENT. Exhibit P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 15-5-2024. Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 6-6- 2024 OF THIS HON'BLE COURT IN WP(C)NO.19544/2024. Exhibit P9 TRUE COPY OF GO(RT)NO.114/2024/ POWER DATED 2-7-2024 ISSUED BY THE 1ST RESPONDENT Exhibit P10 TRUE COPY OF THE LETTER NO. ANERT-ADM/ 174/2018-OA1(HRM) DATED 31-5-2024 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT. Exhibit P11 TRUE COPY OF THE CERTIFICATE ISSUED BY THE CARITAS HOSPITAL, KOTTAYAM DATED 14-3-2024 TO THE PETITIONER. RESPONDENT EXHIBITS Exhibit-R3(a) A true copy of the minutes of the 56th meeting of the Executive Committee of 2nd respondent held on 13-07-2021