Kerala High Court
Shaji K.T vs Syam K.V on 19 February, 2020
Bench: K.Vinod Chandran, V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941
WA.No.2208 OF 2016
AGAINST THE JUDGMENT IN WPC 31433/2014 DATED 11.03.2016
OF HIGH COURT OF KERALA
APPELLANTS/ LEAVE PETITIONERS:
1 SHAJI K.T., AGED 40 YEARS, S/O.APPUKUTTY K.T.,
THAZHATHUMCHOLA, VAZHAYOOR EAST PO,
PIN-673 633, MALAPPURAM.
2 ASHIRVAD T.P.,
AGED 30 YEARS, S/O.LATE T.P.BALAKRISHNAN,
ASHA, PALAYULLA PARAMBIL, MEENANGADI PO,
WAYANAD-673 591.
BY ADVS.
SRI.B.ASHOK SHENOY
SRI.K.V.GEORGE
SRI.P.S.GIREESH
KUM.POOJA DILIP
SRI.P.N.RAJAGOPALAN NAIR
SRI.RIYAL DEVASSY
RESPONDENTS/ PETITIONERS & RESPONDENTS:
1 SYAM K.V.
METER READER, KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION, CHALAKUDY, THRISSUR-680 307.
2 VINEESH KUMAR K.A.
METER READER, KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION, MELUR, THRISSUR-680 311.
3 ANTONY BINIL
METER READER, KERALA STATE ELECTRICITY BOARD LTD.,
CENTRAL SECTION, POWER HOUSE ROAD, ERNAKULAM, KOCHI-
682018.
W.A.No.2208 of 2016 & - 2 -
connected cases
4 THE KERALA STATE ELECTRICITY BOARD LTD.
REPRESENTED BY ITS SECRETARY, VAIDYTHI BHAVAN,
PATTOM, THIRUVANANTHAPURAM-695 004.
5 THE SECRETARY
KERALA STATE ELECTRICITY BOARD LTD.,
VAIDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM-695 004.
6 THE CHAIRMAN
KERALA STATE ELECTRICITY BOARD LTD.,
VIDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM-695 004.
7 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY,PATTOM,
THIRUVANANTHAPURAM-695 004.
8 PRAVEEN M.A
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD MUTHUVARA,
THRICHUR DISTRICT-680553.
(IMPLEADED AS PER ORDER DTD 14.12.16 IN
I.A.1437 OF 2016)
9 SUDHEER A.A
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, KURIACHIRA,
THRICHUR DISTRICT-680006.
(IMPLEADED AS PER ORDER DTD 14.12.16 IN
I.A.1437 OF 2016)
R4-R6 BY ADV. SMT.ANEETHA A.G., SC, KSEB LIMITED
R7 BY ADV. P.C.SASIDHARAN, SC, KPSC (BY ORDER)
R8-R9 BY ADV. SRI.M.R.ANISON
OTHER PRESENT:
SMT.V.P.SEEMANDINI (SR.) FOR R8-R9
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07.02.2020,
ALONG WITH W.A.1720/2016 AND CONNECTED CASES, THE COURT ON
19.02.2020 DELIVERED THE FOLLOWING:
W.A.No.2208 of 2016 & - 3 -
connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941
WA.No.1720 OF 2016
AGAINST THE JUDGMENT IN WPC 31433/2014 DATED 11-03-2016
OF HIGH COURT OF KERALA
APPELLANTS/ PETITIONERS BY SPECIAL LEAVE:
1 VINEESH T., S/O.VENUGOPALAN NAIR,
THUVAKKOT VEEDU, P.O.PAYAMBRA, KOZHICODE-673 573.
2 SAJITH K., S/O.GOPALAKRISHNAN, KIZHAKKEYIL HOUSE,
CHRUPPA P.O., KOZHIKODE-673 661.
3 BIJU S., S/O.N.SANTHAKUMAR, BIJU NIVAS,
NEELESWARAM P.O., KOTTARAKARA,
KOLLAM DISTRICT-691 505.
BY ADV. SRI.P.M.PAREETH
RESPONDENTS/ PETITIONERS AND RESPONDENTS:
1 SYAM K.V.
METER READER, K.S.E.B. LIMITED, ELECTRICAL SECTION,
CHALAKUDY, THRISSUR-680 307.
2 VINEESH KUMAR K.A.
METER READER, K.S.E.B. LIMITED, ELECTRICAL SECTION,
MELUR, THRISSUR-680 311.
3 ANTONY BINIL,
METER READER, K.S.E.B.LIMITED, CENTRAL SECTION,
POWER HOUSE ROAD, ERNAKULAM, KOCHI-682 018.
4 THE KERALA STATE ELECTRICITY BOARD LTD.,
REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVAN,
PATTOM, THIRUVANANTHAPURAM-695 004.
W.A.No.2208 of 2016 & - 4 -
connected cases
5 THE SECRETARY,
KERALA STATE ELECTRICITY BOARD LTD.,
VAIDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM-695 004.
6 THE CHAIRMAN,
KERALA STATE ELECTRICITY BOARD LTD.,
VIDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM-695 004.
7 KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVANANTHAPURAM-695 004.
R4-R6 BY ADV. SMT.A.G.ANEETHA, SC FOR KSEB LTD.
R7 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07.02.2020,
ALONG WITH WA.2208/2016 AND CONNECTED CASES, THE COURT ON
19.02.2020 DELIVERED THE FOLLOWING:
W.A.No.2208 of 2016 & - 5 -
connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941
WA.No.372 OF 2017
AGAINST THE JUDGMENT IN WPC 22627/2015 DATED 11-03-2016
OF HIGH COURT OF KERALA
APPELLANTS/ 3RD PARTIES:
1 MANOJ A R, AGED 35 YEARS, SON OF RAMAKRISHNAN A.K.,
ADATHEDATH HOUSE, AVINISSERY PO, VALLISSERY,
THRISSUR 680306
2 RAMESH NAIR B, AGED 39 YEARS, SON OF GOVINDA NAIK,
BAJAKUDLU HOUSE, PERLA PO, KASARAGOD 671552
3 ARUN GOVIND .V
AGED 30 YEARS, SON OF GOVINDAN NAIR C.,
PATTATHIL HOUSE, KAYYUR PO, 671313,
CHERUVATHUR (VIA), KASARAGOD
BY ADVS.
SRI.B.ASHOK SHENOY
SRI.K.V.GEORGE
SRI.P.S.GIREESH
KUM.POOJA DILIP
SRI.P.N.RAJAGOPALAN NAIR
SRI.RIYAL DEVASSY.
RESPONDENTS/ PETITIONERS AND RESPONDENTS:
1 AJITHKUMAR N
SUB ENGINEER TRAINEE,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION, KARAMANA,
THIRUVANANTHAPURAM - 695 002.
W.A.No.2208 of 2016 & - 6 -
connected cases
2 KERALA STATE ELECTRICITY BOARD LTD.,
REPRESENTED BY THE SECRETARY, VYDYUTHI BHAVAN,
PATTOM P.O., THIRUVANANTHAPURAM - 695 004.
3 KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVANANTHAPURAM - 695 004.
4 THE DIRECTOR OF TECHNICAL EDUCATION,
THIRUVANANTHAPURAM 695001
R1-R2 BY SMT.ANEETHA A.G., SC, KSEB LIMITED
R3 BY ADV. SRI.P.C SASIDHARAN (BY ORDER)
R4 BY SR.GOVERNMENT PLEADER SRI.P.N.SANTHOSH.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07.02.2020,
ALONG WITH WA.2208/2016 AND CONNECTED CASES, THE COURT ON
19.02.2020 DELIVERED THE FOLLOWING:
W.A.No.2208 of 2016 & - 7 -
connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941
WA.No.373 OF 2017
AGAINST THE JUDGMENT IN WPC 19317/2015 DATED 11-03-2016
OF HIGH COURT OF KERALA
APPELLANTS/ 3RD PARTIES:
1 PRAMOD M., AGED 31 YEARS, SON OF MUKUNDAN T.G.,
CHITHIRA, PALLIPURAM P.O. 688 541, CHERTHALA,
ALAPPUZHA.
2 RAHUL P., AGED 28 YEARS
SON OF C.R.PURUSHOTHAMAN NAIR,
RAHUL BHAVAN, CHANNANIKADU P.O, KOTTAYAM - 686 533.
BY ADVS.
SRI.B.ASHOK SHENOY
SRI.K.V.GEORGE
SRI.P.S.GIREESH
KUM.POOJA DILIP
SRI.P.N.RAJAGOPALAN NAIR
SRI.RIYAL DEVASSY
RESPONDENT/S:
1 SYAMKUMAR K.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
ERNAKULAM DISTRICT-683 542.
2 PRAVEEN M.A.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
TRICHUR DISTRICT-680 553.
W.A.No.2208 of 2016 & - 8 -
connected cases
3 SUTHEER A.A.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
TRICHUR DISTRICT-680 006.
4 JAYAKRISHNAN K.G.
METER READER, OFFICE OF THE ASST. ENGINEER,
ELECTRICAL MODEL SECTION,
KERALA STATE ELECTRICITY BOARD, CHANGANACHERRY,
KOTTAYAM DISTRICT-686 101.
5 T.SURESH
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, THRITHALA,
PALAKKAD-679 534.
6 PRAMESH K.S.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
TRICHUR DISTRICT-680 684.
7 NIBEESH P.G.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, CHALAKUDY,
THRICHUR DISTRICT-680 307.
8 BIJU.K.B.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, PAZHAYANNUR,
THRICHUR DISTRICT 680587.
9 MOLY. T.P.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
KOMBODINJAMAKKAL P.O., THAZHEKKAD,
THRISSUR DISTRICT 680597.
10 SWEETY K.N.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, KARUVANNUR PO,
THRISSUR DISTRICT 680711.
11 MANU JOHN VARGHESE,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, GURUVAYOOR,
THRISSUR DISTRICT 680101.
W.A.No.2208 of 2016 & - 9 -
connected cases
12 SHIMMI MATHEW,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
THRISSUR DISTRICT 68006.
13 LYJU K.V.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
MANNUTHY (MADAKKATHARA), THRISSUR DISTRICT 680651.
14 BIJOY M.S.,
METER READER, ELECTRICAL SECTION,
KERALA ELECTRICITY BOARD, KODUNGALLUR NO.1,
KODUNGALLUR P.O, THRISSUR DISTRICT 680664.
15 SHIHAB E.A.,
METER READER, NO.1, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, KODUNGALLUR,
THRISSUR DISTRICT 680664.
16 VJEESH N.V,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
THRISSUR DISTRICT-690666
17 REJIN RAJ P.R.,
METER READER,NO.1, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, KODUNGALLUR,
THRISSUR DISTRICT-680664
18 JINTO T.J,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, KECHERY,
KUNNAMKULAM DIVISION, THRISSUR DISTRICT -680501.
19 JASEELA BEEVI S.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, VALLAYAMBALAM,
THIRUVANANTHAPURAM DISTRICT-695002.
20 SREEKUMAR B.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, NEYYATTINKARA,
THIRUVANANTHAPURM DISTRICT-695121
21 ANEESH P.R.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, NEDUMANGAD,
THIRUVANANTHAPURM DISTRICT-695121.
W.A.No.2208 of 2016 & - 10 -
connected cases
22 RAJESH R., METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
NEYYATTINKARA, THIRUVANANTHAPURM DISTRICT-695121
23 RESHMA R.,
SUB ENGINEER TRAINEE, DIVISIONAL OFFICE,
KERALA STATE ELECTRICITY BOARD, NEYYATTINKARA,
THIRUVANANTHAPURM DISTRICT-695121
24 VIN K.V.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, NEMOM,
THIRUVANANTHAPURM DISTRICT-695020
25 JOHN A.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, NEYYATTINKARA,
THIRUVANANTHAPURM DISTRICT-695121
26 SAJU NAIR A.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, KAZHAKUTTAM,
THIRUVANANTHAPURM DISTRICT-695582
27 GIRI SANKAR,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, KANIYAPURAM P.O.,
THIRUVANANTHAPURM DISTRICT-695301
28 SHIBU B.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, SREEKARIYAM,
THIRUVANANTHAPURM DISTRICT-695011
29 ANEESH KUMAR K.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, KAMBALAKKAD,
WAYANAD DISTRICT- 673122
30 SHINU K.K.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, AMBALAVAYAL P.O.,
WAYANAD DISTRICT-693593
31 DIJEESH K.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
PERINGODE PATAMBI DIVISION,
PALAKKAD DISTRICT-679535.
W.A.No.2208 of 2016 & - 11 -
connected cases
32 RAJAGOPALAN T.P.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, KOPPAM,
VILAYOOR P.O., PALAKKAD DISTRICT -679309
33 SAJEEV K.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, VANIYAMKULAM,
PALAKKAD DISTRICT -679522
34 ASHIK ALI B.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,ALATHUR,
PALAKKAD DISTRICT -678541
35 RAJESH C.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, KUNISSEY,
PALAKKAD DISTRICT -678681
36 GIRIJA K.,
METER READER, ELECTRICAL SECTION, KERALA STATE
ELECTRICITY BOARD, ALATHUR., PALAKKAD DISTRICT
-678541
37 VINOD KUMAR C.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,SHORANUR,
PALAKKAD DISTRICT 679121..
38 KRISHNADAS V,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, NEMMARA,
PALAKKAD DISTRICT 678508.
39 AJAYAKUMAR H,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
KAYAMKULAM WEST, ERUVA PO,ALAPUZHA DISTRICT 690572.
40 AJITH KUMAR S,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, MONCOMBU,
ALAPUZHA DISTRICT 688503.
41 SREEJITH S.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, ADOOR,
PATHANAMTHITTA DISTRICT 691523.
W.A.No.2208 of 2016 & - 12 -
connected cases
42 SHAJI JOSEPH,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
ALAPPUZHA DISTRICT 688007.
43 MATHAIR T.A.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
ALAPPUZHA DISTRICT 688007.
44 LIJU J,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, ADOOR,
PATHANAMTHITTA DISTRICT 691523.
45 MANOJ P,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, ADOOR,
PATHANAMTHITTA DISTRICT 691523.
46 VINOD P.C.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,KAYYUR, KAYUR P.O.,
CHERUVATHUR (VIA), KASARAGOD DISTRICT-671313.
47 SHAIJU P.S.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,CHOYAMKODE,
CHAYOTH POM, NILESHWAR, KASARAGOD DISTRICT-671314.
48 SURENDRAN T.P.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, PILICODE P.O.,
TRIKARIPUR (VIA), KASARAGOD DISTRICT-671310
49 RETHISH GOPI,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,ETTUMANOOOR,
ETTUMANOOR P.O., KOTTAYAM DISTRICT -686631.
50 SUBEESH KUMAR T.T.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,PAMPADY,
KOTTAYAM DISTRICT DISTRICT 686502.
51 JOBIT GEORGE,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,KADUTHURUTHY P.O.,
KOTTAYAM DISTRICT DISTRICT 686604.
W.A.No.2208 of 2016 & - 13 -
connected cases
52 SUDHEESH V.G.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,KURUPPANTHARA,
MANJOOR P.O., KOTTAYAM DISTRICT DISTRICT- 686603
53 SREEKANTH P.S.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, MANIMALA,
KARIKATTOOR P.O., KOTTAYAM DISTRICT- 686544.
54 LALJJI G.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, PUTHOOR P.O.,
KOTTAYAM DISTRICT -691507.
55 MUHAMMED RAJI K.,
METER READER, ELECTRICAL SECTION,KADAPPAKADA,
KERALA STATE ELECTRICITY BOARD, PAMPADY,
KOLLAM -691008
56 SIBI PETER,
METER READER, ELECTRICAL SECTION, THANKASSERI ,
KERALA STATE ELECTRICITY BOARD,NELLIMUKKU,
KOLLAM-691012.
57 MITHA SUNDER S.,
METER READER, ELECTRICAL SECTION, PARAVOOR,
KERALA STATE ELECTRICITY BOARD,
PARAVOOR P.O., KOLLAM- 691301
58 HASEENA S.,
METER READER, ELECTRICAL SECTION, AYATHIL,
KERALA STATE ELECTRICITY BOARD,KOLLAM-691021.
59 LEKHA S.,
METER READER, ELECTRICAL SECTION, KANJIRAMKUZHY,
KERALA STATE ELECTRICITY BOARD,PERINAD P.O.,
KOLLAM-691601.
60 REJI MATHEW,
METER READER, ELECTRICAL SECTION,
EAST KALLADA, KERALA STATE ELECTRICITY BOARD,
KOLLAM-691502.
61 UDAYAMONY S.,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, KANNANALOOR,
KOLLAM-691576.
W.A.No.2208 of 2016 & - 14 -
connected cases
62 SAM JEROME,
METER READER, ELECTRICAL SECTION, CHATHANNOOR P.O.,
KERALA STATE ELECTRICITY BOARD, KOLLAM-691572.
63 SANTHOSH KUMAR P.V.,
METER READER, ELECTRICAL SECTION,
KOTTARAKKARA EAST, KERALA STATE ELECTRICITY BOARD,
KOTTARAKKARA, KOLLAM -691505
64 AYOOBKHAN H.,
METER READER, ELECTRICAL SECTION, VILAKUDY,
OFFICE OF THE ASSISTANT ENGINEER,
KERALA STATE ELECTRICITY BOARD,
KOTTARAKKARA, KOLLAM -691505
65 SANAL S.,
METER READER, ELECTRICAL SECTION,
KOTTARAKKARA EAST, KERALA STATE ELECTRICITY BOARD,
KOTTARAKKARA, KOLLAM-691505
66 NIMESH KUMAR V.,
METER READER, ELECTRICAL SECTION, MANAPPALLY ,
KERALA STATE ELECTRICITY BOARD, KARUNAGAPPALLY,
KOLLAM-690574.
67 ELDO K.M,
METER READER, ELECTRICAL SECTION, NO.2,
MUVATTUPUZHA, KERALA STATE ELECTRICITY BOARD,
ERNAKULAM DISTRICT.
68 SHEENA K.F.
METER READER, ELECTRICAL SECTION, VYPEEN,
KERALA STATE ELECTRICITY BOARD, MALIPPURAM P.O,
ERNAKULAM
69 SHEEBA K.M.
METER READER, ELECTRICAL SECTION, NJARAKKAL P.O.,
PIN-682505, KERALA STATE ELECTRICITY BOARD,
ELECTRICAL DIVISION, MATTANCHERRY.
70 AMEEN MADATHINGAL
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, KONDOTTY DIVISION,
KONDOTTY, MALAPPURAM-673 638.
71 SUNESH KUMAR M.P.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
MALAPPURAM-676 123.
W.A.No.2208 of 2016 & - 15 -
connected cases
72 MOIDEEN KUTTY A.
METER READER, ELECTRICAL SECTION, PUTHANATHANI
KERALA STATE ELECTRICITY BOARD,PUTHANATHANI P.O.,
MALAPPURAM-676 552.
73 SAJU MON N.
METER READER, ELECTRICAL SECTION, VALANCHERY
KERALA STATE ELECTRICITY BOARD, MALAPPURAM-676 552.
74 MUSTHAKH AHAMMED K.V.
METER READER, ELECTRICAL SECTION, EDAVYUR,
KERALA STATE ELECTRICITY BOARD, MALAPPURAM-676 552.
75 SHONY C.J.
METER READER, ELECTRICAL SECTION, KUTTIPPURAM,
KERALA STATE ELECTRICITY BOARD, MALAPPURAM-679571.
76 SHABEER T.
METER READER, ELECTRICAL SECTION,
OFFICE OF THE ASSISTANT ENGINEER,
KERALA STATE ELECTRICITY BOARD, KADUNGATHUKUNDU,
KALPAKANCHERRY P.O., PIN-676 551.
77 ANIL KUMAR M.
METER READER, ELECTRICAL SECTION, THALAPPARA,
KERALA STATE ELECTRICITY BOARD, MOONNIYOOR P.O.,
MALAPPURAM-676 311.
78 LIBY JOHN,
METER READER, ELECTRICAL SECTION, SECTION OFFICE,
PATTIKAD-CHUNKAM, KERALA STATE ELECTRICITY BOARD,
PATTIKKAD P.O.,679375, PERINTHALMANNA,
MALAPPURAM DISTRICT.
79 JITHESH P.V.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, MALAPPURAM EAST,
MALAPPURAM-676 505.
80 SAIFULLA P.
METER READER, ELECTRICAL SECTION,
MANJERI SOUTH, KERALA STATE ELECTRICITY BOARD,
MALAPPURAM-676 121.
81 DINESH K.P.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, VENNIYOOR P.O.,
MALAPPURAM-676 508.
W.A.No.2208 of 2016 & - 16 -
connected cases
82 ANEESH C.V.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
ALATHIYOOR, PIN-676 102.
83 SAJITH P.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, THIRUVALY,
MALAPPURAM-676 121.
84 JAGADEESH G.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
POOKKOTTUMPADAM P.O.,
NILAMBUR, (VIA) MALAPPURAM-679 332
85 JAYAKUMAR K.P.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, VANDOOR,
MALAPPURAM-679 328.
86 ABDU SALAM K.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, TANALUR,
MALAPPURAM-676 307.
87 PRAJEESH K.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
POOKKOTTUMPADAM P.O., NILAMBUR VIA,
MALAPPURAM-679 332.
88 NASEEM P.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, MANJERI SOUTH,
MALAPPURAM-676 121.
89 ABHILASH P.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, VALLUVAMBROM,
MANJERI DIVISION, MALAPPURAM-673 642.
90 BINOY K.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
CHALAKKAD P.O.,
MALAPPURAM-679 323.
W.A.No.2208 of 2016 & - 17 -
connected cases
91 SHAIJU M.K.
METER READER, ELECTRICAL SECTION,
MANJERI NORTH, KERALA STATE ELECTRICITY BOARD,
VYDHUTHI BHAVAN, MANJERI, MALAPPURAM.
92 ABDUL MAJEED KODI THODIKA,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, VALLUVAMBRAM,
MALAPPURAM-673642.
93 SUDHEESH P.
METER READER, ELECTRICAL SECTION, VALUVAMBRAM,
KERALA STATE ELECTRICITY BOARD,
MANJERI DIVISION, MALAPPURAM-673642.
94 ABDUL SAMEEL M.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
MANJERI SOUTH, PIN-676 121.
95 ABOOBACKER KAIPAKASSERI
METER READER, ELECTRICAL SECTION,
MANJERI SOUTH, KERALA STATE ELECTRICITY BOARD,
VYDHUTHI BHAVAN, MANJERI-676 121.
96 MOHAMMED ASHRAF KAKKUNDEERI
METER READER, ELECTRICAL SECTION,
ELECTRICAL DIVISION KONDOTTY,
KERALA STATE ELECTRICITY BOARD, KEEZHUMPARAMB,
MALAPPURAM-673 639.
97 MUSTHAFA P.C.
METER READER, ELECTRICAL SECTION,
KONDOTTY DIVISION,
KERALA STATE ELECTRICITY BOARD, KIZHUPARAMBA,
MALAPPURAM-673639.
98 MAHESH U.P.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, AREACODE,
KONDOTTY, MALAPPURAM-673639.
99 MUHAMMED ASHRAF A.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
RAMAVARMAPURAM, KURCHITHARA P.O.,
THRISSUR-680 028.
W.A.No.2208 of 2016 & - 18 -
connected cases
100 JASIR K.M.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
RAMAVARMAPURAM, KURICHITHARA P.O.,
THRISSUR-690 028.
101 ABDUL BARI P.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
WANDOOR, MALAPPURAM-679 328.
102 MELBIN ANTONY
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, EDAKKARA,
MALAPPURAM-679 331.
103 SHIJU G.
SYSTEM SUPERVISOR, IT COMPUTRISATION UNIT,
KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN,
THIRUVANANTHAPURAM.
104 SHANOOP M.
METER READER, ELECTRICAL SECTION, FEROKE,
KERALA STATE ELECTRICITY BOARD, KOZHIKODE-673 631.
105 JABIR AALI P.K.
METER READER, ELECTRICAL SECTION, PERUNNA P.O.,
KERALA STATE ELECTRICITY BOARD,FEROKE DIVISION,
KOZHIKODE CIRCLE, PIN--673 019.
106 BIVEESH K.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, THAMARASSERI P.O.,
KOZHIKODE-673 573.
107 SHIJU M.V.
METER READER, ELECTRICAL SECTION, THAMARASSERY,
KERALA STATE ELECTRICITY BOARD, THAMARASSERI P.O.,
KOZHIKODE-673 573.
108 SAJITH P.K.
METER READER, ELECTRICAL SECTION, MAVOOR,
KERALA STATE ELECTRICITY BOARD, KOZHIKODE-673 661.
109 ARUNKUMAR P.K.
METER READER, ELECTRICAL SECTION, KOVOOR,
KERALA STATE ELECTRICITY BOARD,
KOZHIKODE-673 008.
W.A.No.2208 of 2016 & - 19 -
connected cases
110 JIJU K.
METER READER, ELECTRICAL SECTION,
KOVOOR, KERALA STATE ELECTRICITY BOARD,
KOZHIKODE-673 008.
111 ADITHYAN A.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, KOZHIKODE-673 008.
112 RAJEESH V.V.
METER READER, ELECTRICAL SECTION, FEROKE,
KERALA STATE ELECTRICITY BOARD, KOZHIKODE-673 631.
113 SUDHISH KUMAR P.V.
METER READER, ELECTRICAL SECTION, FEROKE,
KERALA STATE ELECTRICITY BOARD, KOZHIKODE-673 631.
114 MUJEEB K.
METER READER, ELECTRICAL SECTION, PANNICODE,
KERALA STATE ELECTRICITY BOARD, PANNICODE P.O.,
KOZHIKODE-673 602.
115 SUNIL KUMAR K.
METER READER, ELECTRICAL SECTION, MUKKOAM,
KERALA STATE ELECTRICITY BOARD, MUKKAM (VIA),
MUKKAM, KOZHIKODE-673 602.
116 SABEER MUHAMMED A.P.
METER READER, ELECTRICAL SECTION, RAMANATTUKARA,
KERALA STATE ELECTRICITY BOARD, ELECTRICAL
DIVISION, FEROKE, KOZHIKODE-673 633.
117 JOBY K.JOHN
METER READER, ELECTRICAL SECTION, PERUMPUZHA,
KERALA STATE ELECTRICITY BOARD, KOLLAM-691 507.
118 BINI K.B.
METER READER, ELECTRICAL SECTION, VATANAPPILLY,
KERALA STATE ELECTRICITY BOARD, THRISSUR, PIN-680
614.
119 UMADEVI N.
METER READER, ELECTRICAL SECTION, AYYANTHOLE EAST,
KERALA STATE ELECTRICITY BOARD, THRISSUR-680 003.
120 BINU MATHEW
METER READER, ELECTRICAL SECTION, CHELAKKARA,
KERALA STATE ELECTRICITY BOARD,
THRISSUR DISTRICT-680 586.
W.A.No.2208 of 2016 & - 20 -
connected cases
121 I.V.SANIL,
METER READER/SPOT BILLER, SECTION OFFICE,
ANNAMANADADA, KERALA STATE ELECTRICITY BOARD,
THRISSUR-680 741.
122 SANAL N.S.
METER READER, ELECTRICAL SECTION, FEROKE,
KERALA STATE ELECTRICITY BOARD,
KOZHIKODE-673 631.
123 BINOY T.P.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, NALLOMPUZA,
CHERUPUZHA (VIA), KANNIVAYAL P.O., KASARGOD
DISTRICT-670 511.
124 SUNIL KUMAR P.K.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, VAZHIKKADAVU,
MANIMOOLY P.O., MALAPPURAM DISTRICT-679 333.
125 BHASKARAN M.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, CHERKALA,
CHENGALA P.O., KASARGOD DISTRICT-671 541.
126 ABDULKAREEM T.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, THAYYIL,
KANNUR DISTRICT-670 004.
127 ANSAR K.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
MUTHUTHALA P.O., PATTAMBI,
PALAKKAD DISTRICT-679 303.
128 SHIBU CHANDY,
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, CHAMPAKULAM,
ALAPPUZHA DISTRICT-688 505.
129 JAYESH N.S.
METER READER/SPOT BILLER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
THIRUVLLOR, PACHELLOOR P.O.,
THIRUVANANTHAPURAM DISTRICT-695 027.
W.A.No.2208 of 2016 & - 21 -
connected cases
130 ABIDA M.U.
METER READER, ELECTRICAL SECTION NO.II,
KERALA STATE ELECTRICITY BOARD,
MUVATTUPUZHA MARKET P.O., MUVATTUPUZHA DIVISION,
ERNAKULAM DISTRICT-686 673.
131 SMITHA K.M.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, MANNAM P.O.,
NORTH PARAVUR DIVISION, ERNAKULAM DISTRICT-683 520.
132 SREEJITH E.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, ANAKKAYAM,
MALAPPURAM DISTRICT - 676 509.
133 SHABIN THOMAS SAM
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
KUMBANAD SECTION, THIRUVALLA DIVISION,
PATHANAMTHITTA DISTRICT-689 547.
134 VIPIN V.K.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, KODUVALLY,
BALUSSERY DIVISION, KOZHIKODE DISTRICT-673 572.
135 KERALA STATE ELECTRICITY BOARD LIMITED
REPRESENTED BY ITS SECRETARY, VAIDYTHI BHAVAN,
PATTOM, THIRUVANANTHAPURAM-695 004.
136 KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY SECRETARY, PATTOM,
THIRUVANANTHAPURAM-695 004.
137 THE DIRECTOR OF TECHNICAL EDUCATION,
THIRUVANANTHAPURAM-695 004.
R1-R134 BY SMT.V.P.SEEMANDINI, SR.ADV.
R1-R134 BY ADV. SRI.M.R.ANISON
R137 BY SR.GOVT.PLEADER SRI.P.N.SANTHOSH.
R135 BY ADV. SMT.A.G ANITHA(STANDING COUNSEL)
R136 BY ADV. SRI.P.C SASIDHARAN(STANDING COUNSEL)
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07.02.2020,
ALONG WITH WA.2208/2016 AND CONNECTED CASES, THE COURT ON
19.02.2020 DELIVERED THE FOLLOWING:
W.A.No.2208 of 2016 & - 22 -
connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941
WA.No.386 OF 2017
AGAINST THE JUDGMENT IN WPC 31796/2014 DATED 11-03-2016
OF HIGH COURT OF KERALA
APPELLANTS/ 3RD PARTIES:
1 GOKULAN K.V., AGED 37 YEARS, S/O. VELANDY.K.C,
KOTTUKKAL HOUSE, METHALA.P.O., KODUNGALLUR,
THRISSUR-680 669
2 SREEKUMAR.E.G
AGED 24 YEARS, S/O.GOPI.E.N, ERUMATHURUTHY HOUSE,
EDAVILANGU.P.O., KODUNGALLUR, THRISSUR-680671
3 SIRAJUDHEEN.V.K
AGED 29 YEARS, S/O. ALI.V.K VALLIKKADAN HOUSE,
CHERURAL, ANANTHAVOOR.P.O., MALAPPURAM-676301
BY ADVS.
SRI.B.ASHOK SHENOY
SRI.K.V.GEORGE
SRI.P.S.GIREESH
KUM.POOJA DILIP
SRI.P.N.RAJAGOPALAN NAIR
SRI.RIYAL DEVASSY
RESPONDENTS/PETITIONERS AND RESPONDENTS:
1 PREMJITH KUMAR K.S.,S/O.SOMASUNDARAM PILLAI,
ANAND BHAVAN, KUREEPUZHA.P.O., PERINADU,
KOLLAM-691 601
2 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM
THIRUVANANTHAPURAM-695004
W.A.No.2208 of 2016 & - 23 -
connected cases
3 KERALA STATE ELECTRICITY BOARD LTD.,
REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN,
PATTOM, THIRUVANANTHAPURAM-695004
4 THE CHIEF ENGINEER (HRM),
KERALA STATE ELECTRICITY BOARD LTD,
VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004
5 REGIONAL OFFICER
KERALA PUBLIC SERVICE COMMISSION,
REGIONAL OFFICE, ERNAKULAM 682030
R1 BY ADV. ADV. D. AJITH KUMAR
R2, R5 BY SRI.P.C.SASIDHARAN, SC, KPSC
R3 & R4 BY ADV. SMT.ANEETHA A.G., SC, KSEB LIMITED
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07.02.2020,
ALONG WITH WA.2208/2016 AND CONNECTED CASES, THE COURT ON
19.02.2020 DELIVERED THE FOLLOWING:
W.A.No.2208 of 2016 & - 24 -
connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941
WA.No.392 OF 2017
AGAINST THE ORDER/JUDGMENT IN WPC 18384/2015 DATED 11-03-2016
OF HIGH COURT OF KERALA
APPELLANTS/ 3RD PARTIES:
1 PRASANTH P.S.
AGED 28 YEARS, SON OF P.P.SASIDHARAN,
POOZHIPPURATHU HOUSE, EZHUMANTHURUTHU P.O.,
KOTTAYAM-686613.
2 BASIL ABRAHAM
AGED 27 YEARS, SON OF M.I.ABRAHAM,
MULAYAMKUZHIYIL HOUSE, CHETTAPALAM P.O., PULPALLY,
WAYANAD-673579.
3 NIMESH K.
AGED 29 YEARS, SON OF RAMACHANDRAN K.,
KURUVAYIL HOUSE, KAVUMANNAM P.O., KALPETTA-673122.
BY ADVS.
SRI.B.ASHOK SHENOY
SRI.K.V.GEORGE
SRI.P.S.GIREESH
KUM.POOJA DILIP
SRI.P.N.RAJAGOPALAN NAIR
SRI.RIYAL DEVASSY
RESPONDENTS/ PETITIONERS AND RESPONDENTS:
1 BABU K.
(ROLL NO.200263), OVERSEER,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION, PALLIMUKKU, KOLLAM DISTRICT.
W.A.No.2208 of 2016 & - 25 -
connected cases
2 JAYAMON K.A.
(ROLL NO.200897), OVERSEER,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION,ARIMBUR, THRISSUR DISTRICT.
3 VSUDEVAN A.V.
(ROLL NO.201073), LINEMAN,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION, KOTTAYI, PALAKKAD DISTRICT.
4 ABDU SALEEM C.
(ROLL NO.20156), OVERSEER,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION, PERINTHALMANNA,
MALAPPURAM DISTRICT.
5 FIROZ BABU M.
(ROLL NO.201168), OVERSEER,
KERALA STATE ELECTRICITY BOARD LTD.,
116 KV SUB STATION, PERINTHALMANNA,
MALAPPURAM DISTRICT.
6 SHYAMAPRASAD
(ROLL NO.200678), OVERSEER,
KERALA STATE ELECTRICITY BOARD LTD.,
116 KV SUB STATION,ATTINGAL,
THIRUVANANTHAPURAM DISTRICT.
7 BABU V.D.
(ROLL NO.200761), OVERSEER,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SUB DIVISION, NORTH PARAVUR,
ERNAKULAM DISTRICT.
8 JOBY ANTONY KANNUKKADAN
(ROLL NO.200917), OVERSEER,
KERALA STATE ELECTRICITY BOARD LTD,
ELECTRICAL SECTION,KOMBODINJAMAKKAL,
THRISSUR DISTRICT.
9 VINOD KUMAR G.
(ROLL NO.200576), OVERSEER,
KERALA STATE ELECTRICITY BOARD LTD,
ELECTRICAL SECTION, KAKKATTIL, NADAPURAM,
VADAKARA, KOZHIKODE DISTRICT.
10 BIJU N.S.
(ROLL NO.200946), OVERSEER,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION, KUZHUR, THISSUR DISTRICT.
W.A.No.2208 of 2016 & - 26 -
connected cases
11 ANILKUMAR C.
(ROLL NO.200635), OVERSEER,
KERALA STATE ELECTRICITY BOARD LTD,
ELECTRICAL SECTION,NORTH PARAVUR,
ERNAKULAM DISTRICT.
12 GEROGE KURIACHAN
(ROLL NO.201499), OVERSEER,
KERALA STATE ELECTRICITY BOARD LTD,
ELECTRICAL SECTION,THALASSERY NORTH,
KANNUR DISTRICT.
13 KRISHNAKUMAR K.
(ROLL NO.200200), OVERSEER,
KERALA STATE ELECTRICITY BOARD LTD,
ELECTRICAL SECTION,THANGASSERY, KOLLAM DITRICT.
14 ABDUL HAKIKIM M.
(ROLL NO.200193), OVERSEER,
KERALA STATE ELECTRICITY BOARD LTD, 110 KV SUB
STATION,PUNALUR, KOLLAM DISTRICT.
15 MANOJ KUMAR M.K.
(ROLL NO.201412), OVERSEER,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION, PANOOR,THALASSERY, KANNUR.
16 SUNILKUMAR J.
(ROLL NO.200191), OVERSEER,
KERALA STATE ELECTRICITY BOARD LTD,
ELECTRICAL SECTION, KADAPPAKKADA, KOLLAM DISTRICT.
17 JAYAPRAKASH K.M.
(ROLL NO.201306), OVERSEER,
KERALA STATE ELECTRICITY BOARD LTD,
ELECTRICAL SECTION,MANIYOOR, VADAKARA, KOZHIKODE.
18 MANI.K.G.
(ROLL NO.200691), OVERSEER,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION,ALUVA, ERNAKULAM DISTRICT.
19 CHANDRASEKHARAN E.
(ROLL NO.200276), OVERSEER, KERALA STATE
ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION,IRINJALAKUDA,
THRISSUR DISTRICT.
W.A.No.2208 of 2016 & - 27 -
connected cases
20 THANKACHAN T.R.
(ROLL NO.200618), OVERSEER,
KERALA STATE ELECTRICITY BOARD LTD.,
GENERATION SUB DIVISION, VELLATHOOVAL,
IDUKKI DISTRICT.
21 K.V.BINOJI
(ROLL NO.200763), OVERSEER,
KERALA STATE ELECTRICITY BOARD LTD,
GENERATION SUB DIVISION,
KALLARKUTTY P.O.,
IDUKKI DISTRICT.
22 SHANAVAS M.S.
(ROLL NO.200030), OVERSEER,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION, PUTHANCHIRA,
THRISSUR DISTRICT.
23 FRANCIS K.V.
(ROLL NO.200667), OVERSEER,
KERALA STATE ELECTRICITY BOARD LTD,
ELECTRICAL SECTION,
KIZHAKKAMBALAM,
ERNAKULAM DISTRICT.
24 VARGHESE P.V.
(ROLL NO.200682), OVERSEER,
KERALA STATE ELECTRICITY BOARD LTD.,
110 KV SUB STATION,
MUVATTUPUZHA,
ERNAKULAM DISTRICT.
25 KERALA STATE ELECTRICITY BOARD LTD.
REPRESENTED BY ITS SECRETARY (ADMINISTRATION),
VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM-695 004.
26 THE CHIEF EGNGINEER H.R.M
KERALA STATE ELECTRICITY BOARD LTD.,
VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM-695 004.
27 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY,
PUBLIC SERVICE COMMISSION OFFICE, PATTOM,
THIRUVANANTHAPURAM-695 004.
W.A.No.2208 of 2016 & - 28 -
connected cases
28 THE REGIONAL OFFICER
KERALA PUBLIC SERVICE COMMISSION,
REGIONAL OFFICE, NEAR SOUTH RAILWAY STATION,
G.C.D.A BUILDINGS, 4TH FLOOR,
ERNAKULAM, KOCHI-682 016.
R1-R24 BY ADV. P.MOHANDAS(B/O)
R2, R22 BY ADV. SRI.T.T.RAKESH
R25-26 BY ADV. SMT.ANEETHA A.G., SC, KSEB LIMITED
R27-28 BY ADV. P.C.SASIDHARAN, SC, KPSC(B/O)
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07.02.2020,
ALONG WITH WA.2208/2016 AND CONNECTED CASES, THE COURT ON
19.02.2020 DELIVERED THE FOLLOWING:
W.A.No.2208 of 2016 & - 29 -
connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941
WA.No.397 OF 2017
AGAINST THE JUDGMENT IN WPC 32039/2014 DATED 11-03-2016
OF HIGH COURT OF KERALA
APPELLANT/S:
1 HIMA HARIDAS.P
AGED 27 YEARS, D/O.HARIDAS P.N., PATHYALA HOUSE,
VENKITANUG P.O. 680510, THRISSUR DISTRICT
2 VIJI C.R.
AGED 34 YEARS, D/O.RAJAN C.K., ANDEZHATH HOUSE,
CHAKKALAKKAL LANE, KUTTUR P.O., THRISSUR-680013
3 GINI A.P.
AGED 35 YEARS, D/O.PATHROSE A.L.,
AKKARAPATTIYEKKAL HOUSE, ROSE BUILDING,
PURANATTUKARA P.O. 680551, THRISSUR
BY ADVS.
SRI.B.ASHOK SHENOY
SRI.K.V.GEORGE
SRI.P.S.GIREESH
KUM.POOJA DILIP
SRI.P.N.RAJAGOPALAN NAIR
SRI.RIYAL DEVASSY
RESPONDENT/S:
1 BINEESH K.V
S/O.GOVINDAN, PAYYANNUR, METER READER,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION, PAYYANNUR DIVISION,
RESIDING AT KUNJIVEETTIL HOUSE,
KANDANGALI P.O. -670 307.
W.A.No.2208 of 2016 & - 30 -
connected cases
2 MURALEEDHARAN M.C.
S/O.P.K.KUNJIRAMAN NAIR, METER READER,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION, KARIMBAM,
PAYYANNUR DIVISION,
RESIDING AT JANAKI NIVAS,
NEAR G.V.H.S.S KURUMATHUR,
KURUMATHUR P.O.,
KARIMBAM (VIA), PIN: 670 142.
3 KIRAN KUMAR K.V.
S/O.K.V.GOVINDAN, METER READER,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION,VETTUR,
PAYYANNUR DIVISION, RESIDING AT VIKAS,
ERAMAM NORTH - 670 307.
4 RAJESH P.M.
S/O.M.K.NARAYANAN NAMBEESAN, METER READER,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION, CHERUKUNNU,
KANNUR DIVISION, RESIDING AT MOTTAKUNNUMMAL MADAM,
KOTTILA P.O., EZHOME (VIA), KANNUR - 670 334.
5 BABITHA PARAMBATH
D/O.BALAKRISHNAN P., METER READER,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION, KODIYERI,
KANNUR,
RESIDING AT KOCHAMURIYIL HOUSE,
KAKKADAVU ROAD - 673 309.
6 NIJIL THYVALAPPIL
S/O.P.M.NARAYANAN, METER READER,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION,
THALASSERY NORTH,
RESIDING AT SOUMYALAYAM, MACHERY,
P.O.MOWANCHERY, KANNUR - 670 613.
7 BOBIN M.M.
S/O.MATHEW M.V., METER READER,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION,
WAYANAD,
RESIDING AT MUNDUMACKIL HOUSE,
VAVELI P.O, PALVELICHEM,
WAYANAD-670 646.
W.A.No.2208 of 2016 & - 31 -
connected cases
8 SEENA A.
D/O.P.V.BALAN, METER READER,
KERALA STATE ELECTRICITY BOARD LTD.,
RESIDING AT PEEDIKA VALAPPIL HOUSE,
MAKERIERY P.O., KANNUR - 670 001.
9 BIJUMON P.P.
S/O.PAULSE P.V., METER READER,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION, MANANTHAVADI,
RESIDING AT PALLIPARAMBIL HOUSE, ELLUMANNAM P.O.,
MANANTHAVADY, WAYANAD - 670 645.
10 JESLIN KURIAKOSE
S/O.K.L.KURIAKOSE, METER READER,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION, MANANTHAVADI,
RESIDING AT KATHANADAN HOUSE, PADACHIKUNNU,
ARATTUTHARA ROAD, WAYANAD - 670 645.
11 SUNIL KRIPA M.
S/O.KRISHNAN C.V., METER READER,
KERALA STATE ELECTRICITY BOARD LTD.,
OFFICE SECTION, PAZHAYANGADI,
RESIDING AT PADIYIL HOUSE,
PARIYARAM MEDICAL COLLEGE P.O., KANNUR - 670 503.
12 ANEESH CHANDRAN S.
S/O.CHANDRAN M.C., METER READER,
KERALA STATE ELECTRICITY BOARD LTD.,
OFFICE SECTION, CHAKKARAKKAL
RESIDING AT GIRI NIVAS, KAPADU P.O.,
KANNUR 670 006.
13 THE KERALA STATE ELECTRICITY BOARD LTD.
REPRESENTED BY ITS SECRETARY, VAIDHYUTHI BHAVAN,
PATTOM, THIRUVANANTHAPURAM - 695 004.
14 THE SECRETARY
KERALA STATE ELECTRICITY BOARD LTD.,
VAIDHYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM - 695 004.
15 THE CHAIRMAN
KERALA STATE ELECTRICITY BOARD LTD.,
VAIDHYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM - 695 004.
W.A.No.2208 of 2016 & - 32 -
connected cases
16 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVANANTHAPURAM - 695 004.
R1-R12 BY ADV. SMT.SMITHA GEORGE
R13-R15 BY ADV. SMT.ANEETHA A.G., SC, KSEB LIMITED
R16 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07.02.2020,
ALONG WITH WA.2208/2016 AND CONNECTED CASES, THE COURT ON
19.02.2020 DELIVERED THE FOLLOWING:
W.A.No.2208 of 2016 & - 33 -
connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941
WA.No.398 OF 2017
AGAINST THE JUDGMENT IN WPC 18744/2015 DATED 11-03-2016
OF HIGH COURT OF KERALA
APPELLANT/S:
1 LINCY .T.H.
AGED 27 YEARS, WIFE OF SUBITHAN, CHIRAYIL HOUSE,
MOORAKANAD PO, 680 711.
2 PRAVEEN KUMAR K.P
AGED 31 YEARS, SON OF C.K.PURUSHOTHAMAN,
KALASSERIL HOUSE, MANJOOR SOUTH PO,
KOTTAYAM 686 603.
3 JAISION T.S
AGED 40 YEARS, SON OF T.V.SCARIA,
THAZHATHUVEETTIL HOUSE, PERINGULAM PO,
POONJAR SOUTH 686 582.
BY ADVS.
SRI.B.ASHOK SHENOY
SRI.K.V.GEORGE
SRI.P.S.GIREESH
KUM.POOJA DILIP
SRI.P.N.RAJAGOPALAN NAIR
SRI.RIYAL DEVASSY
RESPONDENTS/ PETITIONER AND RESPONDENTS:
1 SURESH P
S/O.BALAN NAIR, PADIKKAL HOUSE, NANMINDA P.O.,
KOZHIKODE DISTICT, WORKING AS METER READER,
KERALA STATE ELECTRICITY BOARD, UNNIKULAM,
ELECTRICAL DIVISION, BALUSSERY, KOZHIKODE DISTRICT.
W.A.No.2208 of 2016 & - 34 -
connected cases
2 KERALA STATE ELECTRICITY BOARD LTD
VAIDYTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM 695 004,
REP. BY ITS SECRETARY.
3 THE CHAIRMAN
KERALA STATE ELECTRICITY BOARD LTD,
VAIDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM 695 004.
4 KERALA PUBLIC SERVICE COMMISSION
PATTOM, THIRUVANANTHAPURAM - 695 004,
REP. BY ITS SECRETARY.
R1 BY ADV. R.BINDU (SASTHAMANGALAM)(B/O)
R2-R3 BY ADV. SMT.ANEETHA A.G., SC, KSEB LIMITED
R4 BY ADV. P.C.SASIDHARAN(B/O)
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07.02.2020,
ALONG WITH WA.2208/2016 AND CONNECTED CASES, THE COURT ON
19.02.2020 DELIVERED THE FOLLOWING:
W.A.No.2208 of 2016 & - 35 -
connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941
WA.No.418 OF 2017
AGAINST THE JUDGMENT IN WPC 22138/2015 DATED 11-03-2016
OF HIGH COURT OF KERALA
APPELLANT/S:
1 SOUMYA C.S.
VETTATHUKAVIL NADUVILCHERY, KANJAVELY PO.,
KOLLAM PIN-691602
2 ANTONY.P.G
PAROOKARAN HOUSE,THAZHEKAD PO.,
THRISSUR PIN-680697
3 ANEESHKUMAR.P.B
POLECHIRA, MUHAMMA PO.,
ALAPPUZHA PIN-688525
BY ADVS.
SRI.B.ASHOK SHENOY
SRI.K.V.GEORGE
SRI.P.S.GIREESH
KUM.POOJA DILIP
SRI.P.N.RAJAGOPALAN NAIR
SRI.RIYAL DEVASSY
RESPONDENTS/ PETITIONERS AND RESPONDENTS:
1 SUSMERA R
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
THANNEERMUKKOM, CHERTHALA,
ALAPPUZHA DISTRICT PIN-688531.
W.A.No.2208 of 2016 & - 36 -
connected cases
2 AJEESH BABU.R
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, PATTANAKKADU,
CHERTHALA, ALAPPUZHA DISTRICT PIN-688531
3 SETHUMOL.P.V
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, PUNNAPRA,
CHERTHALA, ALAPPUZHA DISTRICT PIN-688004
4 SAJI FRANCIS.A
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, CHERTHALA,
ALAPPUZHA DISTRICT PIN-688524
5 ANEESH.V.B
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,S.L.PURAM,
CHERTHALA, ALAPPUZHA DISTRICT PIN-688524
6 JOSEMON.V.T
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
CHERTHALA WEST SECTION
ALAPPUZHA DISTRICT PIN-688531
7 SAKTHIDHARAN.M
METER READER (SUB ENGINEER TRAINEE),
ELECTRICAL SECTION OFFICE,
KERALA STATE ELECTRICITY BOARD, PERAMPRA SOUTH,
PERAMPRA PO.,KOZHIKODE DISTRICT PIN-673525
8 ANIL KUMAR.C.V
METER READER (SUB ENGINEER),
ELECTRICAL SECTION OFFICE,
KERALA STATE ELECTRICITY BOARD, UDUMA, UDUMA PO.,
KOZHIKODE DISTRICT PIN-671319
9 SASIKUMAR.K.S
METER READER (SUB ENGINEER TRAINEE),
ELECTRICAL SECTION OFFICE,
KERALA STATE ELECTRICITY BOARD, KOZHINJAMPARA,
NATTUKAL PO., PALAKKAD DISTRICT PIN678583
10 KERALA STATE ELECTRICITY BOARD LTD
REPRESENTED BY ITS SECRETARY,VYDHUTHI BHAVAN,
PATTOM,THIRUVANANTHAPURAM PIN-695004
W.A.No.2208 of 2016 & - 37 -
connected cases
11 THE KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY
THIRUVANANTHPURAM PIN-695004
12 THE DIRECTOR OF TECHNICAL EDUCATION
THIRUVANANTHAPURAM PIN-695001
R1-R9 BY ADV. SMT.V.P.SEEMANDINI, SR. ADV.
R1-R9 BY ADV. SRI.M.R.ANISON
R10 BY ADV. SMT.ANEETHA A.G., SC, KSEB LIMITED
R11 BY ADV. SRI.P.C.SASIDHARAN
R12 BY SR.GOVERNMENT PLEADER SRI.P.N.SANTHOSH.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07.02.2020,
ALONG WITH WA.2208/2016 AND CONNECTED CASES, THE COURT ON
19.02.2020 DELIVERED THE FOLLOWING:
W.A.No.2208 of 2016 & - 38 -
connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941
WA.No.432 OF 2017
AGAINST THE JUDGMENT IN WPC 22208/2015 DATED 11-03-2016 OF HIGH
COURT OF KERALA
APPELLANTS/ 3RD PARTIES:
1 SHEEJA P.S.
AGED 42 YEARS
DAUGHTER OF P.K.SUBRAMNIAN, THAKARMKUNNATH HOUSE,
PADIYOOR P.O., THRISSUR-680 688.
2 SHELEEL F.
AGED 33 YEARS
SON OF H.FASALUDIN, SHELEEL MANZIL,
ATHIKATTUKULANGARA, NOORNAD (VIA),
ALAPUZHA-690 504.
3 LAL S.
AGED 26 YEARS
SON OF SHAHAUDEEN Y., LAL MANZIL,
EZHIPPURAM, PANIPPALLY P.O., KOLLAM-691 574.
BY ADVS.
SRI.B.ASHOK SHENOY
SRI.K.V.GEORGE
SRI.P.S.GIREESH
KUM.POOJA DILIP
SRI.P.N.RAJAGOPALAN NAIR
SRI.RIYAL DEVASSY
RESPONDENTS/ PETITIONERS AND RESPONDENTS:
1 BINU PAULOSE
METER READER, (SUB ENGINEER TRAINEE),
ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD,
THAYYIL P.O., KANNUR DISTRICT-670 003.
W.A.No.2208 of 2016 & - 39 -
connected cases
2 JALALUDHEEN K.M.
MATER READER, ELECTRICAL SECTION OFFICE,
KERALA STATE ELECTRICITY BOARD,
CHERKALA,
CHENGALA P.O.,
KASARAGOD DISTRICT - 671 541.
3 SENOY P.T.
METER READER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
KORATTY,
KORATTY P.O., THRICHUR DISTRICT - 680 308.
4 SIJO JOSEPH
METER READER, (SUB ENGINEER TRAINEE),
ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, KORATTY,
KORATTY P.O, THRISSUR DISTRICT-680 308.
5 SAJEESH P.
METER READER, ELECTRICAL SECTION OFFICE,
KERALA STATE ELECTRICITY BOARD,
BEYPORE,
BEYPORE P.O.,
KOZHIKODE DISTRICT-673 015.
6 SAJAN O.S.
METER READER, ELECTRICAL SECTION OFFICE,
KERALA STATE ELECTRICITY BOARD,
VAZHAKULAM, MUDICKAL P.O.,
PERUMBAVOOR,
ERNAKULAM DISTRICT-683 542.
7 SURESH KUMAR V.
METER READER, ELECTRICAL SECTION OFFICE,
KERALA STATE ELECTRICITY BOARD,
PERUMBAVOOR, PERUMBAVOOR P.O.,
ERNAKULAM DISTRICT-683 542.
8 GIRISH KUMAR A.
SYSTEM SUPERVISOR (METER READER),
REGIONAL I.T.SUB UNIT, VYDHYUTHI BHAVAN,
KOZHIKODE-673 011.
9 THE KERALA STATE ELECTRICITY BOARD LTD.,
REPRESENTED BY ITS SECRETARY,
VAIDYTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM-695 004.
W.A.No.2208 of 2016 & - 40 -
connected cases
10 KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVANANTHAPURAM-695 004.
11 THE DIRECTOR OF TECHNICAL,
THIRUVANANTHAPURAM-695 001.
R1-R8 BY ADV. SMT. V.P SEEMANDINI, SR. ADV.
R1-R8 BY ADV. SRI.M.R ANISON
R9 BY ADV. A.G ANEETHA, SC FOR KSEB LTD.
R10 BY ADV. P.C SASIDHARAN, SC FOR KPSC.
R11 BY SR.GOVT. PLEADER SRI.P.N.SANTHOSH.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07.02.2020,
ALONG WITH WA.2208/2016 AND CONNECTED CASES, THE COURT ON
19.02.2020 DELIVERED THE FOLLOWING:
W.A.No.2208 of 2016 & - 41 -
connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941
WA.No.437 OF 2017
AGAINST THE JUDGMENT IN WPC 19296/2015 DATED 11-03-2016
OF HIGH COURT OF KERALA
APPELLANT/S:
1 PRAVEEN M.K.
AGED:30 YEARS, S/O KRISHNANKUTTY M.,
MANATHANATH HOUSE, KARANTHUR PO,
KUNNAMANGALAM, KOZHIKODE -673571
2 LIMIN K. MATHEW
AGED:29 YEARS, S/O MATHES,
KALAYATHUMPARAPUTHENPURAYIL HOUSE,
MULAPPURAM PO, KOTTAKAVALA -685581
BY ADV. SRI.B.ASHOK SHENOY
RESPONDENTS/ PETITIONERS AND RESPONDENTS:
1 SADIQUE M.
S/O MUHAMMED KOYA, KIZHAKKAYIL HOUSE,
VELUR WEST PO, VIA-ATHOLI,
KOZHIKODE DISTRICT,-673315,
WORKING AS METER READER,
KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SECTION, ATHOLI.
2 SHUHAIB.P.M
S/O MARAKKAR.P.P, PULLOLIL HOUSE,
KALLURUTTY PO, VIA-OMASSERY,
KOZHIKODE DISTRICT - 673582,
WORKING AS METER READER,
KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SECTION, THIUVAMBADY.
W.A.No.2208 of 2016 & - 42 -
connected cases
3 SAJEESH.P
S/O RAGHAVAN.P, PALISSERY HOUSE,
KUNNAMANGALAM PO, KOZHIKODE - 673571,
WORKING AS METER READER,
KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SECTION, KUMMAMANGALAM
4 BHOOPESH B.T.
S/O BALAKRISHNAN.P, PANTHALINGAL HOUSE,
PILASSERY PO, VIA KUNNAMANGALAM,
KOZHIKODE DISTRICT, 673571,
WORKING AS METER READER,
KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SECTION, KODUVALLY
5 SUBEESH KUMAR.M
S/O KUMARAN.M., MOTTEMMAL HOUSE, EDACHERI PO,
VATAKARA, KOZHIKODE DISTRICT-673502,
WORKING AS METER READER,
KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SECTION, ORKKATTERI.
6 BINU.K.V
S/O VASU K.V, KOROTH KUNIYHIL HOUSE, NAERI PO,
KOYILANDY VIA, KOZHIKODE DISTRICT, 673620,
WORKING AS METER READER, KERALA STATE ELECTRICITY
BOARD, ELECTRICAL SECTION, VATAKARA
7 MANEESH.C
S/O MADHAVAN, PANTHALAKANDY HOUSE,
MUCHUKUNNU PO, KOYILANDY,
KOZHIKODE DISTRICT, 673307 WORKING AS METER READER,
KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SECTION, THIKKODY.
8 PRAJEESH.K
KADUMBOLDI HOUSE, VAKAYAD PO, VIA NADUVANNUR,
KOZHIKODE DISTRICT, KOZHIKODE DISTRICT,
WORKING AS METER READER,
KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SECTION, NADUVANNUR
9 SREEHARI.B
S/O BALAKRISHNAN, SREESADAN,
MUNCHUKUNNU PO, KOYILANDY,
KOZHIKODE DISTRICT, WORKING AS METER READER,
KEALA STATE ELECTRICITY BOARD,
ELECTRICAL SECTION, MOODADI.
W.A.No.2208 of 2016 & - 43 -
connected cases
10 PRAMOD K.V
S/O GANGADHARAN NAIR, KIZHAKKUVEETTIL HOUSE,
M.I.E, KUNNAMANGALAM PO, KOZHIKODE -673571,
KOZHIKODE - 673571,
WORKING AS METER READER,
KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SECTION, KUNNAMANGALAM.
11 BINEESH R.K
S/O BALAN R, RAMAKEYATTERA HOUSE, NANMINDA PO,
KOZHIKODE DISTRICT-673613,
WORKING AS METER READER,
KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SECTION, KOOTTALIDA.
12 VIJEESH O.,
ONNARODIYIL HOUSE, IRINGAL, VIA VATAKARA,
KOZHIKODE DISTRICT-673521, WORKING AS METER READER,
KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SECTION, PAYYOLI.
13 SREEKANTH. T
S/O V.P. BALAKRISHNA KURUP, SREEPURAM,
KAVIL ROAD, KEEZHAL, VATAKARA,
KOZHIKODE DISTRICT-673104, WORKING AS METER READER,
KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SECTION, THIRUVALLUR.
14 ANEESH M.,
S/O KRISHNAN M., MATAVANCHALIL HOUSE,
MEPPAYIL, VATAKARA, KOZHIKODE DISTRICT, 673104,
WORKING AS METER READER,
KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SECTION, AYANCHERY.
15 MIDHUN P.M.,
S/O PADMANABHAN PJM,
PADINHARE MANAPPURATH HOUSE, PADUPPANAM PO,
VIA-VATAKARA, KOZHIKODE DISTRICT, 673571,
WORKING AS METER READER,
KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SECTION, VATAKARA NORTH.
16 KERALA STATE ELECTRICITY BOARD ,
VAIDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM-695004,
REPRESENTED BY ITS SECRETARY.
W.A.No.2208 of 2016 & - 44 -
connected cases
17 THE CHAIRMAN,
KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVAN,
PATTOM, THIRUVANANTHAPURAM-695004.
18 KERALA PUBLIC SERVICE COMMISSION,
PATTOM, THIRUVANANTHAPURAM-695004,
REPRESENTED BY ITS SECRETARY.
R1-R15 BY ADV. SRI.R.BINDU SASTHAMANGALAMFOR R
R16-R17 BY ADV. SMT.A.G ANEETHA SC FOR KSEB LTD.
R18 BY SRI.P.C.SASIDHARAN, SC, KPSC
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07.02.2020,
ALONG WITH WA.2208/2016 AND CONNECTED CASES, THE COURT ON
19.02.2020 DELIVERED THE FOLLOWING:
W.A.No.2208 of 2016 & - 45 -
connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941
WA.No.471 OF 2017
AGAINST THE JUDGMENT IN WPC 31433/2014 DATED 11-03-2016
OF HIGH COURT OF KERALA
APPELLANT/S:
1 SUJITHKUMAR T.C
S/O.B.M.THAMBAN,AGED 29 YEARS,
BALANETTAKE HOUSE,KADANTHAKODE.P.O,
CHERUVATHUR VIA,KASARAGOD DISTRICT-671313.
2 ASHOKAN
S/O.V.KUNHAPPA,AGED 35 YEARS,BETTIKKAL
HOUSE,THEKKIL(P.O),CHENGALA(VIA),
KASARAGOD-671541.
3 ARUN GOVIND, AGED 29 YEARS,S/O.GOVIND NAIR.C,
PATTATHIL HOUSE,KAYYUR(P.O),CHERUVATHUR(VIA),
KASARAGOD (DISTRICT),KERALA-671313.
4 SOUMYA.C.S., VAGED 33 YEARS,W/O ABHILASH.V.M,
VEETTATHUKAVIL,NADUVILACHERY,
KANJAVELY.P.O,KOLLAM-691602.
BY ADVS.
SRI.T.SANJAY
KUM.CHINMA ABRAHAM
SMT.C.N.NOORUL HIDAYA
RESPONDENT/S:
1 SYAM K.V
METER READER, KSEB LIMITED,
ELECTRICAL SECTION,CHALAKUDY,
THRISSUR-680307.
W.A.No.2208 of 2016 & - 46 -
connected cases
2 VINEESH KUMAR.K.A
METER READER,KSEB LIMITED,
ELECTRICAL SECTION,MELUR,THRISSUR-680311.
3 ANTONY BINIL
METER READER,KSEB LIMITED,CENTRAL SECTION,
POWER HOSE ROAD,ERNAKULAM,KOCHI-682018.
4 THE KERALA STATE ELECTRICITY BOARD LTD
REPRESENTED BY ITS SECRETARY,
VAIDYUTHI BHAVAN,PATTOM,THIRUVANANTHAPURAM-695004.
5 THE SECRETARY
KERALA STATE ELECTRICITY BOARD LTD,
VAIDYUTHI BHAVAN,PATTOM,THIRUVANANTHAPURAM-695004.
6 THE CHAIRMAN
KERALA STATE ELECTRICITY BOARD LTD,
VAIDYUTHI BHAVAN,PATTOM,THIRUVANANTHAPURAM-695004.
7 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY,
PATTOM,THIRUVANANTHAPURAM-695004.
R1-R3 BY ADV. SRI.ELVIN PETER
R4-R6 BY ADV. SMT.A.G ANITHA,STANDING COUNSEL
R7 BY SRI.P.C.SASIDHARAN, SC, KPSC
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07.02.2020,
ALONG WITH WA.2208/2016 AND CONNECTED CASES, THE COURT ON
19.02.2020 DELIVERED THE FOLLOWING:
W.A.No.2208 of 2016 & - 47 -
connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941
WP(C).No.27576 OF 2018(V)
PETITIONER/S:
1 PRADEEP KUMAR O.V, AGED 52 YEARS
SUB ENGINEER ELE,KERALA STATE ELECRICITY BOARD,
LINE MAINTANANCE SECTION1,MUNDAYAD,
KANNUR DISTRICT 670594
2 MANOJ KUMAR.M.K.
SUB ENGINEER (ELE), KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SECTION, PERIGATHUUR P.O.,
PERINGATHUUR , KANNUR DISTRICT 670675
BY ADV. SRI.P.M.PAREETH
RESPONDENT/S:
1 KERALA STATE ELECTRICITY BOARD LTD
REPRESENTED BY ITS SECRETARY,
VIDYUTHI BHAVANAM,PATTOM,
THIRUVANANTHAPURAM-670675
2 CHIEF ENGINEER (HRM)
KERALA STATE ELECTRICITY BOARD,
VIDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM 695004
R1 BY ADV. M.K.THANKAPPAN
R2 BY ADV. M.K.THANKAPPAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.02.2020, ALONG WITH WA.2208/2016 AND CONNECTED CASES, THE
COURT ON 19.02.2020 DELIVERED THE FOLLOWING:
W.A.No.2208 of 2016 & - 48 -
connected cases
K. Vinod Chandran & V.G. Arun, JJ.
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W.A.Nos.2208/2016, 1720/2016, 372/2017,
373/2017, 386/2017, 392/2017, 397/2017, 398/2017,
418/2017, 432/2017, 437/2017, 471/2017 &
W.P(C) No.27576/2018
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Dated, this the 19th day of February, 2020
JUDGMENT
K. Vinod Chandran, J.
The controversy arising in the above appeals is as to the requirement of three years service, for the purpose of appointment by direct recruitment from departmental candidates, to the post of Sub Engineers, as available from the Recruitment Rules of the Kerala State Electricity Board Limited [for brevity 'the Board'].
2. The appellants are persons who have been included in the rank list published by the Kerala Public Service Commission [for brevity 'PSC'] for direct recruitment as notified form the public, for which there is a quota prescribed of 30%. The writ petitions were filed by the in-service candidates who sought for quashing the erratum notification issued by the PSC which is stated to be in conflict with the Recruitment Rules of 1981. They also sought appointment to the post of Sub Engineer (Electrical) in the 10% quota earmarked for filling up by W.A.No.2208 of 2016 & - 49 - connected cases direct recruitment from qualified Board employees. It was also urged that the stipulation of three years service in the Board, was not available in the original notification published by the PSC. There could be no change in the criteria of selection after the notification was published, argues Counsel. There is also no prescription in the recruitment rules for a minimum period of service, is the compelling alternative argument.
3. The learned Single Judge found that the erratum notification was not published in the media nor was it gazetted. The PSC despite directions, failed to produce any substantiating material. The erratum notification was found to be illegal and the delay in moving the Court was found to be inconsequential since the writ petitioners became aware of the erratum notification only much later, at the time of rejection of their candidature. On the finding that the erratum notification was illegal, the learned Single Judge refused to go into the issue of change in the rules of the game and the Government's right to overrule the advice of the PSC, which were also grounds raised to assail the three year prescription. The PSC was directed to prepare and publish rank list for appointment to the post of Sub Engineer (Electrical) in the Board with reference to W.A.No.2208 of 2016 & - 50 - connected cases the eligibility of candidates as per the original notification dated 31.12.2011 without insisting for the conditions in the erratum notification.
4. The candidates who applied for recruitment from the public are before us in appeal, since if there is a reduction of candidates available in the 10% quota of the in-service direct recruits, then the candidates in the rank list for direct recruitment from the public would benefit. Contentions similar to that raised before the learned Single Judge were addressed before us, not only on the sustainability of the erratum notification but also on the Rules.
5. Learned Counsel Sri.Ashok B.Shenoy refers to the various rules of recruitment as brought out by the Board, right from 1967. The Rules of 1967 merely provided for direct recruitment and promotion, while in 1971 there was a quota created for direct recruitment, which was 50%. From then the ratio is 1:1 insofar as direct recruitment and promotion, with a further 10% carved out from the 50% direct recruitment, exclusively for in-service candidates. Later in 1975, as between the direct recruitment quota of 40% and 10%, there was a prescription made that, direct recruitment of in-service candidates at 10% is possible W.A.No.2208 of 2016 & - 51 - connected cases only from persons having three years service in the next lower category, i.e., Second Grade Overseer (Electrical) including Draftsman. At that time, the post was called 'Overseer Grade-I', which was later re-designated as Sub Engineer (Electrical). In 1981, there was a further modification made to the Recruitment Rules, which was on the basis of the provisions of the long term settlement with the recognized Unions entered into on 25.11.1978. The said modification of 1981 was confined to that of promotions and, hence, there could be no relevance to the in-service direct recruitment from the lower categories. For the 10% quota reserved for in-service candidates, necessarily the 1975 Rules prescribing three years minimum service in the lower category has to be resorted to.
6. Learned Standing Counsel appearing for the PSC Sri.P.C.Sasidharan supports the stand of the appellants and submits that the erratum notification was gazetted. We have also looked into the erratum notification as available from the gazette notifications filed in seriatim by the Library of this Court. We find the same to be properly notified. Even otherwise, we are of the opinion that the factum of the notification being gazetted and the same being circulated in the media is inconsequential, if the rules W.A.No.2208 of 2016 & - 52 - connected cases provide for a stipulation that the in-service candidates should have three years minimum service in the lower category. Even if the PSC has committed a mistake by issuing a notification without the said prescription contained in the Rules, there could be no appointment made of candidates without the minimum service prescribed in the Rules. In such circumstances, we can only set aside the selection as such and direct the PSC to conduct the selection afresh on the basis of the circumstances existing as on the date of publication of the notification. We have to hence, look at the Rules to understand as to whether a stipulation is provided as to the minimum period of service.
7. The learned Standing Counsel for the Board Smt.A.G.Aneetha would assert that the Rules prescribe a three year minimum service. It is also argued by the learned Standing Counsel for the PSC that three years service was insisted since any person in the Government or institutions which adopted the State Service Rules has to abide by the prescription of declaration of probation on completion of a continuous service of two years within a period of three years. Otherwise, even persons whose probation is not declared would be promoted to the higher W.A.No.2208 of 2016 & - 53 - connected cases category, is the submission.
8. Smt.V.P.Seemandini, learned Senior Counsel appearing for the respondents would contend that the 1981 amendment to the Rules speak of a further modification in the quota available for direct recruitment at 50%, which stood reduced to 40%. Out of the 40%, 30% is for direct recruitment from the public and 10% for in-service candidates. Hence, the 1981 Rules specifically apply to in-service candidates also. It is further argued that the 1981 Rules specifically speaks of the Government having decided to overrule the advice of the PSC and incorporate the provisions as agreed upon in the long term settlement with recognized Unions with effect from 1978. It is pointed out that the second read Government Order of 1980, in the 1981 order is unavailable and there was a petition filed before the learned Single Judge for directing the Government to produce the same. The said Government Order would throw more light on the issue and it would specifically indicate that the Government had decided to overrule the earlier recommendation of the PSC that there should be three years minimum service for the in-service candidates to entitle them to apply under the 10% quota. W.A.No.2208 of 2016 & - 54 - connected cases
9. Sri.Elvin Peter specifically points out the various selections made after 1981 with reference to an individual, to indicate that the Board had never insisted for the three year service in making direct recruitment from in-service candidates. It is conceded that the Board's interpretation if wrong, will not be accepted by this Court. However, the compelling argument of Sri.Elvin Peter is that, if by the very rules of 1981 the Board's actions can be justified and that is also a reasonable manner of looking at the rules, then there could be no interference caused to the selections carried out and the rules also. This Court would not substitute a reasonable interpretation as is available from the existing rules, with its own reasonableness, is the compelling argument.
10. We first look at the rule position as is available from the various orders produced along with W.P. (C) No.321433 of 2014, from which W.A.No.2208 of 2016 arises. Exhibit P6 is the original rule for recruitment of Ist Grade Overseer (Electrical) dated 28.12.1967. It provided for direct recruitment and promotion. We need not delve upon such order, since there have been many modifications made thereafter. Exhibit P13 dated 01.11.1971 made amendments to the qualifications and method of W.A.No.2208 of 2016 & - 55 - connected cases appointment. In consultation with the PSC, the Board considered the question of reserving a certain percentage of vacancies of Ist Grade Overseer for appointment by direct recruitment of Diplomates in Electrical Engineering. 50% was the quota prescribed of which 40% was from open market and 10% from who are in the service of the Board as IInd Grade Overseer (Electrical), Lineman, Clerk, etc. Thus for the first time a quota was provided for direct recruitment and promotion; ie: 50% each. The amendments made to the Rules of 1967, by Exhibit P13, provided for appointment to the post of Ist Grade Overseer (Electrical) to 40% vacancies by direct recruitment of Diplomates in Electrical Engineering filled up from the open market and 10% by direct recruitment of Diplomates in Electrical Engineering who are in the service of the Board as IInd Grade Overseer (Electrical), Lineman, Clerk, etc. It was provided therein that wherein sufficient number of direct recruits from in-service are not obtained for the 10% quota, the resultant vacancies would be filled up from open market.
11. By Exhibit P14 dated 16.08.1973, there were laid down revised qualifications with respect to regular promotion to the category of Ist Grade Overseer W.A.No.2208 of 2016 & - 56 - connected cases (Electrical), which was applicable to only those persons recruited after 15.08.1971.
12. A further amendment to the direct recruitments from in-service candidates was made as per Exhibit P15 dated 18.04.1975. Exhibit P15 provided for the 10% vacancies to be filled up from in-service candidates in the next lower category of IInd Grade Overseer (Electrical) and Draftsman "who were having three years service". The aforesaid order for the first time, provided the prescription of a period of service for in-service candidates to be appointed on direct recruitment in the 10% quota. There was no doubt insofar as the direct recruits, both from the open market and the in-service candidates, being required to have the qualification of Diploma as per Exhibit P13, by the order of the year 1971. The controversy arises whether Exhibit P16 dated 23.01.1981 is applicable to both promotions and direct recruitment, the later both from open market and in-service.
13. Exhibit P16 is said to be an order issued overruling the advise of the PSC incorporating the provisions of the long term settlement with the recognized Unions on 25.11.1978. The long term settlement arrived at with the Unions is available in Exhibit P31. We extract W.A.No.2208 of 2016 & - 57 - connected cases herewith the terms of the agreement as far as the Ist Grade Overseer/ Draftsman-I is concerned [1st Grade overseer was re-designated as Sub-Engineer]:
"(b) First Grade Overseer/Draftsman-I:-
The upgraded posts of First Grade Overseers, after setting of the places that will become redundant as a result of change in staff pattern will be filled up by promotion from eligible Second Grade Overseers.
All the vacancies of First Grade Overseers that will occur immediately on the implementation of the revised work norms will be filled up in the following manner in relaxation of recruitment rules.-
i. 80% by promotion from eligible Second Grade Overseers.
ii. 20% from workmen in the lower categories possessing Degree/Diploma in Electrical Engineering based on length of service in Board after acquisition of Diploma/Graduation and with minimum 3 years of service in Board.
Vacancies arising thereafter will be filled up in the following manner:
i. 30% of direct recruitment through Public Service Commission.
ii. 10% by appointment through Public Service Commission from among qualified Board Employees. Demand of the Union for change in the mode of appointment will be further discussed.W.A.No.2208 of 2016 & - 58 -
connected cases iii. 60% by promotion from among eligible Second Grade Overseers".
There is some confusion insofar as incorporating the above provisions in the 1981 order, which we have to dispel.
14. Looking at Exhibit P16 there could be a reasonable apprehension that the qualifications prescribed, on the right hand side therein, applies to all methods of appointment. i.e., both from open market and in-service candidates as also promotions. We however are of the opinion that what is shown at the right hand side only relates to promotion. It is also the submission of the learned Counsel for the appellants that the order first read in Exhibit P16 is the order dated 16.08.1973 which is one produced as Exhibit P14; which Exhibit P14 refers only to promotions. There was no attempt to modify the qualifications for direct recruitment, is the submission. On the essential qualification, we are of the opinion that there was no modification. But the three year period of service, especially looking at the manner in which the Board itself understood the said provision as is revealed from the various orders and the actions taken, was deleted. This is also the interpretation possible looking at the extract from the long term settlement.
W.A.No.2208 of 2016 & - 59 -connected cases
15. As pointed out by Sri.Elvin Peter, we look at Exhibit P29, in which at Sl.No.26 is one Murugan.V. The incumbency details of Murugan is at Exhibit P30. He was promoted from the post of Lineman II. If the 1975 order was in force, only a person who had three years service in the lower category of IInd Grade Overseer (Electrical), including a Draftsman, could have been promoted to the post of Ist Grade Overseer. We also notice, as pointed out by the learned Senior Counsel Smt.V.P.Seemandini that in the recruitments in the years 1994 [Exhibit P27 in W.P(C) No.31433 of 2014 from which W.A.No.2208 arises], in 1999 [Exhibit P11 in W.P(C) No.19317 of 2015 from which W.A.No.373 of 2017 arises] and in 2003 [again Exhibit P28 in W.P(C) No.31433 of 2014] the Board had appointed in-service candidates by direct recruitment who did not have three years service in the lower category.
16. Though the specific G.O. is not available, we look at Exhibit P32 with respect to the disposal of a representation by one Overseer and extract the following:
"It is found that appointment/ recruitment/ promotion of Sub Engineer Electrical in K.S.E.Board is governed by terms and conditions of BQ No.EC/IV/170371 dated 01.11.1971 and BO AR IH/36591/78 dated 23.01.1981. As per the above W.A.No.2208 of 2016 & - 60 - connected cases orders the 10% Quota has to be filled up by direct recruitment from among the candidates who are in service of the Board through Public Service Commission. Later Board had decided to fill up the vacancies of the Sub Engineer Electrical by the Board itself from among the qualified inservice candidates subject to the approval of Kerala Public Service Commission. Based on the decision the Board approached the Kerala Public Service Commission for their concurrence to the above proposed changes. But the Kerala Public Service Commission had not agreed to the proposal. The Board therefore approached the Government anticipating the approval of the Government. Board had invited applications from inservice candidates for selection against the 10% quota".
Though the culmination of Exhibit P32 order relates to the judgment of this Court having directed reporting of all the vacancies both in the 40% and 10% to the PSC, which is not relevant for adjudicating the present matter, the decision of the Government to overrule the recommendations of the PSC is very evident from the aforesaid extract. The above extract no where speaks of the three year minimum service.
17. It is in the above context we again look at the long term settlement which has been entered into and W.A.No.2208 of 2016 & - 61 - connected cases the provision for promotion to the post of Ist Grade Overseer (Electrical), which we have extracted hereinbove. The provisions in the long term settlement referred to two aspects; one, with respect to the vacancies arising on the revised work norms and the other, vacancies arising in future. As to the vacancies in the revised work norms, it was decided that 80% should be by promotion from eligible Second Grade Overseers and 20% from workmen in the lower categories possessing Degree/Diploma in Electrical Engineering based on length of service in the Board after acquisition of Diploma/Graduation and with minimum three years of service in the Board. This is a one time measure to fill up the vacancies that arose on the revised work norms being implemented. As far as the future vacancies, there was a reduction in the quota provided to direct recruitment. As we noticed, till then what was applicable was the order of 1975 [Exhibit P15], which provided 40% for direct recruitment from open market and 10% by direct recruitment of in-service candidates having three years service in the lower category of IInd Grade Overseer, including Draftsman. This was changed to 30% by direct recruitment from open market and 10% from qualified Board employees, thus removing the condition of three years W.A.No.2208 of 2016 & - 62 - connected cases service in the lower category of IInd Grade Overseer, including Draftsman.
18. What is relevant is that the long term settlement for future vacancies, did not specify three years service for 10% quota for appointment from Board employees. The quota for promotions from IInd Grade Overseers was also stipulated as 60% in the long term settlement. What was incorporated in Exhibit P16, the order of 1981 on the left hand side, is first the stipulation of 40% vacancies for direct recruitment, then the one time measure of 80% and 20% promotions being carried out to all vacancies on the revised work norms. Then the 40% quota for direct recruitment was split up as 30% and 10%; the former from open market and later from in-service candidates. It did not provide any specific period of service for direct recruitment from employees.
19. More importantly what is provided in the right hand side of the 2nd page of Exhibit P16 is the qualification for promotion. Another Division Bench of this Court in W.A.No.1913 of 2014 by decision dated 13.08.2015, held that even ITI Certificate holders are entitled to be considered for the post of Sub Engineer (Electrical) while making direct recruitment from open market. The submissions W.A.No.2208 of 2016 & - 63 - connected cases made by the Board is against even that stipulation, which at this point cannot be urged before us. The Board has authority to modify the recruitment rules and the qualification prescribed. We need not go into the qualification aspect in this case, since no dispute is raised on that.
20. We notice that the respondents in all the appeals are Diplomates in Electrical Engineering who were in the post of IInd Grade Overseer (Electrical) or Draftsman. The petitioners in W.P(C) No.27576 of 2018 are persons who also satisfied three year service period as per the earlier rules. They are before this Court for the purpose of declaring their probation which has been withheld for reason of the pending litigation. We are of the opinion that with respect to those persons there could have been no dispute raised. We, therefore, direct the Board to declare their probation on successful completion of the probation period.
21. We are not concerned with what is the qualification for direct recruitment, which has already been held in W.A.No.1913 of 2014 and if any amendment is proposed, it is for the Board to proceed with that. In the present cases we are only concerned with the question of W.A.No.2208 of 2016 & - 64 - connected cases whether a three year service period is mandated for the purpose of appointment to the post of Sub Engineer (Electrical) in the 10% quota provided for direct recruitment of in-service candidates. We are of the opinion that the Rule as modified in the year 1981 incorporating the provisions of the long term settlement, did not provide such a condition. We, hence, reject the appeals and allow the solitary W.P(C) No.27576 of 2018. Parties are directed to suffer their respective costs.
Sd/-
K.VINOD CHANDRAN JUDGE Sd/-
V.G.ARUN JUDGE vku/-
W.A.No.2208 of 2016 & - 65 -connected cases APPENDIX OF WA 2208/2016 APPELLANT'S/S ANNEXURE(S):
ANNEXURE A1 A TRUE COPY OF RELEVANT PORTION OF RANKED LIST FOR THE POST OF SUB ENGINEER (ELECTRICAL) (DIRECT RECRUITMENT) IN 4TH RESPONDENT.W.A.No.2208 of 2016 & - 66 -
connected cases APPENDIX OF WA 1720/2016 APPELLANT'S/S ANNEXURE(S):
ANNEXURE A1 A TRUE PHOTO COPY OF THE RELEVANT PORTION OF THE RANKED LIST FOR SELECTION FOR THE POST OF SUB ENGINEER (ELECTRICAL) (DIRECT RECRUITMENT) IN THE KERALA STATE ELECTRICITY BOARD.W.A.No.2208 of 2016 & - 67 -
connected cases APPENDIX OF WA 372/2017 APPELLANT'S/S ANNEXURE(S):
ANNEXURE A1 A TRUE COPY OF RELEVANT PORTION OF RANKED LIST FOR THE POST OF SUB ENGINEER (ELECTRICAL) (DIRECT RECRUITMENT) IN 2ND RESPONDENT, PUBLISHED BY 3RD RESPONDENT ON 1.12.2015 W.A.No.2208 of 2016 & - 68 - connected cases APPENDIX OF WA 373/2017 APPELLANT'S/S ANNEXURE(S):
ANNEXURE A1 A TRUE COPY OF RELEVANT PORTION OF RANKED LIST FOR THE POST OF SUB ENGINEER (ELECTRICAL) (DIRECT RECRUITMENT) IN 135TH RESPONDENT, PUBLISHED BY 136TH RESPONDENT ON 1.12.2015.W.A.No.2208 of 2016 & - 69 -
connected cases APPENDIX OF WA 386/2017 APPELLANT'S/S ANNEXURE(S):
ANNEXURE A1 A TRUE COPY OF RELEVANT PORTION OF RANKED LIST FOR THE POST OF SUB ENGINEER (ELECTRICAL) (DIRECT RECRUITMENT) IN 3RD RESPONDENT.W.A.No.2208 of 2016 & - 70 -
connected cases APPENDIX OF WA 392/2017 APPELLANT'S/S ANNEXURE(S):
ANNEXURE A1 A RUE COPY OF RELEVANT PORTION OF RANKED LIST FOR THE POST OF SUB ENGINEER (ELECTRICAL) (DIRECT RECRUITMENT) IN 25TH RESPONDENT, PUBLISHED BY 27TH RESPONDENT ON 1.12.2015.W.A.No.2208 of 2016 & - 71 -
connected cases APPENDIX OF WA 397/2017 APPELLANT'S/S ANNEXURE(S):
ANNEXURE A1 A TRUE COPY OF RELEVANT PORTION OF RANKED LIST FOR THE POST OF SUB ENGINEER (ELECTRICAL) (DIRECT RECRUITMENT) IN 13TH RESPONDENT, PUBLISHED BY 16TH RESPONDENT ON 1.12.2015.W.A.No.2208 of 2016 & - 72 -
connected cases APPENDIX OF WA 398/2017 APPELLANT'S/S ANNEXURE(S):
ANNEXURE A1 A TRUE COPY OF RELEVANT PORTION OF RANKED LIST FOR THE POST OF SUB ENGINEER (ELECTRICAL) (DIRECT RECRUITMENT) IN 2ND RESPONDENT, PUBLISHED BY 4TH RESPONDENT ON 1.12.2015.W.A.No.2208 of 2016 & - 73 -
connected cases APPENDIX OF WA 418/2017 APPELLANT'S/S ANNEXURE(S):
ANNEXURE A1 A RUE COPY OF RELEVANT PORTION OF RANKED LIST FOR THE POST OF SUB ENGINEER (ELECTRICAL) (DIRECT RECRUITMENT) IN 10TH RESPONDENT PUBLISHED BY 11TH RESPONDENT ON 1.12.2015.W.A.No.2208 of 2016 & - 74 -
connected cases APPENDIX OF WA 432/2017 APPELLANT'S/S ANNEXURE(S):
ANNEXURE A1 A TRUE COPY OF RELEVANT PORTION OF RANKED LIST FOR THE POST OF SUB ENGINEER (ELECTRICAL) (DIRECT RECRUITMENT) IN 9TH RESPONDENT, PUBLISHED BY 10TH RESPONDENT ON 1.12.2015.W.A.No.2208 of 2016 & - 75 -
connected cases APPENDIX OF WA 437/2017 APPELLANT'S/S ANNEXURE(S):
ANNEXURE A1 A TRUE COPY OF RELEVANT PORTION OF RANKED LIST FOR THE POST OF SUB ENGINEER (ELECTRICAL) (DIRECT RECRUITMENT) IN 16TH RESPONDENT, PUBLISHED BY 18TH RESPONDENT ON 01/12/2015.W.A.No.2208 of 2016 & - 76 -
connected cases APPENDIX OF WA 471/2017 APPELLANT'S/S ANNEXURE(S):
ANNEXURE A A TRUE PHOTO COPY OF THE RELEVANT PORTION OF THE RANKED LIST FOR SELECTION FOR THE POST OF SUB ENGINEER (ELECTRICAL) (DIRECT RECRUITMENT) IN THE KERALA STATE ELECTRICITY BOARD.
ANNEXURE B A TRUE PHOTO COPY OF JUDGMENT OF THE DIVISION BENCH IN WRIT APPEAL 1913 OF 2014. APPENDIX OF WP(C) 27576/2018 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE PHOTO COPY OF THE APPOINTMENT ORDER DATED 17.03.2017 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER EXHIBIT P1 A A TRUE PHOTO COPY OF THE APPOINTMENT ORDER DATED 17.03.2017 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIOENR EXHIBIT P2 A TRUE PHOTO COPY OF THE JOINING REPORT DATED 30.03.2017 SUBMITTED BY THE 1ST PETITIONER EXHIBIT P2 A A TRUE PHOTO COPY OF THE JOINING REPORT DATED 30.03.2017 SUBMITTED BY THE 2ND PETITIONER EXHIBIT P3 A TRUE PHOTO COPY OF THE CERTIFICATE DATED 25.05.2018 ISSUED BY THE EXECUTIVE ENGINEER HUMAN RESOURCES DEVELOPMENT WING REGIONAL POWER TRAINING INSTITUTE KOZHIKODE 673011 TO THE 1ST PETITIONER EXHIBIT P3 A A TRUE PHOTO COPY OF THE CERTIFICATE DATED
22.05.2018 ISSUED BY THE EXECUTIVE ENGINEER HUMAN RESOURCES DEVELOPMENT WING REGIONAL POWER TRAINING INSTITUTE KOZHIKODE 673011 TO THE 2ND PETITIONER EXHIBIT P3 B A TRUE PHOTO COPY OF THE JUDGMENT DATED 13.08.2015 IN W.A. NO. 1999/2014 EXHIBIT P4 A TRUE PHOTO COPY OF THE NOTE DATED 03.05.2018 ISSUED BY THE 2ND RESPONDENT TO ALL ARU HEADS.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R2(A) TRUE COPY OF THE NOTIFICATION DATED 31/12/2011 OF THE KERALA PUBLIC SERVICE COMMISSION.
[TRUE COPY]