Kerala High Court
Manoj Kumar.P vs The Kerala State Electricity Board ... on 6 March, 2025
Author: D. K. Singh
Bench: D. K. Singh
2025:KER:19936
WP(C) NO. 37421 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
THURSDAY, THE 6TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946
WP(C) NO. 37421 OF 2023
PETITIONER/S:
1 MANOJ KUMAR.P
AGED 40 YEARS
S/O RAMAKRISHNAN. P (LATE), PARIYARATH HOUSE,
KULIKKILIYAD, KOTTAPPURAM P.O, PALAKKAD-679513. METER
READER, KSEB ELECTRICAL SECTION- SREEKRISHNAPURAM., PIN -
679513
2 KANNAN A M
AGED 44 YEARS
S/O MOHANAN A K, ALAPUZHA HOUSE, PUTHENPEEDIKA P.O,
THRISSUR, PIN- 680642. METER READER, KSEB ELECTRICAL
SECTION- AMMADAM., PIN - 680642
3 SANOSH C.R
AGED 39 YEARS
S/O RADHAKKRISHNAN C.V, CHAKKUMTHUDIYIL (H), MADAKKATHARA
P.O, VELLANIKKARA, THRISSUR, PIN- 680651. METER READER,
KSEB ELECTRICAL SECTION-RAMAVARMAPURAM, VILADAM-CHEROOR,
THRISSUR -680631., PIN - 680651
BY ADVS.
MAITREYI SACHIDANANDA HEGDE
ANJALI ANIL A.
ASHISH ANTONY FRANCIS
MUHAMMAD BIN MUHAMMAD NISSAR
AKSHARA R. NAIR
GODWIN ANTONY
RESPONDENT/S:
2025:KER:19936
WP(C) NO. 37421 OF 2023
2
1 THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS
CHAIRMAN AND MANAGING DIRECTOR
VAIDYUTHY BHAVAN, PATTOM, P.O. THIRUVANANTHAPURAM -
695004., PIN - 695004
2 DIRECTOR (GENERATION ELECTRICAL AND HRM)
KSEB, VAIDYUTHY BHAVAN, PATTOM, P.O. THIRUVANANTHAPURAM -
695004, PIN - 695004
3 CHIEF ENGINEER (HRM)
KSEB, VAIDYUTHY BHAVAN, PATTOM, P.O. THIRUVANANTHAPURAM -
695004, PIN - 695004
4 CHAIRMAN
KERALA STATE ELECTRICITY BOARD VAIDYUTHY BHAVAN, PATTOM,
P.O. THIRUVANANTHAPURAM - 695004, PIN - 695004
5 ADDL.R5.RASHID M.
S/O. MUHAMMED KUNJU, LINEMAN GR. I KERALA STATE
ELECTRICITY BOARD, ELECTRICAL SECTION, CHERPULASERRY, P.O.
CHERPULASERRY, PALAKKAD DISTRICT RESIDING AT KANNAMPALLIL,
P.O. VAVVAKKAVU, CHANGANKULANGARA, KOLLAM DISTRICT -
690628
6 ADDL.R6. RAJEEV M.I.
S/O. N. MURALEEDHARAN NAIR, LINEMAN GR. I KERALA STATE
ELECTRICITY BOARD, ELECTRICAL SECTION, PEROORKKADA, P.O.
PEROORKKADA, THIRUVANANTHAPURAM DISTRICT - 695 005.
RESIDING AT RAJEEV BHAVAN, MUNDELA P.O., VELLANAD,
THIRUVANANTHAPURAM - 695543 (ADDITIONAL RESPONDENTS 5 & 6
ARE IMPLEADED AS PER ORDER DATED 09.02.2024 IN I.A.2/2024
IN WP(C).
BY ADVS.
P.M.PAREETH
NAJEEB P.S
NAJAH EBRAHIM V.P.
K.S. ANIL-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:19936
WP(C) NO. 37421 OF 2023
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JUDGMENT
The petitioners, who were working as Meter Readers in the respondent organization, Kerala State Electricity Board Limited ('KSEBL' for short) got the promotion to the post of Overseer (Ele) vide the order dated 11.09.2023, issued by the KSEBL have approached this court in the present writ petition impugning the order dated 26.09.2023, whereby their promotion to the post of Overseer (Ele) has been rejected on the ground that they do not fulfill the eligibility for promotion to the post of Overseer as per the regulations made by the Central Electricity Authority (Measures relating to Safety & Electric Supply) Regulations, 2010.
2.Regulation 7, which is relevant for the purposes of disposing of this writ petition extracted as under:-
"7. Safety measures for operation and maintenance of transmission, distribution systems:-
(1) Engineers or supervisors engaged in operation and maintenance of transmission and distribution systems shall hold diploma in electrical, mechanical, electronics and instrumentation engineering from a recognized institute or university. (2) The Technicians to assist engineers or supervisors shall possess a certificate in appropriate trade, preferably with a two years course from a Industrial Training 2025:KER:19936 WP(C) NO. 37421 OF 2023 4 institute recognized by the Central Government or State Government. (3) Engineers, supervisors and Technicians engaged for operation and maintenance of transmission and distribution systems electric plants should have successfully undergone the type of training as specified in Schedule-II Provided that the existing employees shall have to undergo the training mentioned in sub-regulation (3) within three years from the date of coming into force of these regulations (4) Owner of every transmission or distribution system shall arrange for training of their personal engaged in the operation and maintenance of transmission and distribution system in his own institute or any other institute recognized by the Central Government or State Government."
3. According to the respondents, since the duties and responsibilities of the Overseers are operation and maintenance of transmission, distribution systems and they work in a supervisory capacity, they must hold a diploma in electrical, mechanical, electronics and instrumentation engineering from a recognized institute or university. As the petitioners do not have a diploma in electrical, mechanical, electronics and instrumentation from a recognized institute or university, they are not eligible to hold the post of Overseer.
4.The question which requires for consideration in this writ petition is whether the duty and responsibility of the Overseer is supervisory in nature or they only assist the Engineers in 2025:KER:19936 WP(C) NO. 37421 OF 2023 5 performing the functions of operations and maintenance of transmission and distribution systems of the KSEBL
5.In the counter affidavit filed on behalf of the Electricity Board, in paragraph 11, the duties and responsibilities of Overseers are given which read thus under:-
"11. The board order dtd.04.06.2009 giving the duties and functions various technical staff in the KSEB is produced marked as Ext R2-1. Page No.9 &10 lay down the duties and fünctions of an overseer. They are as given below:-
1. Breakdown The major duties and responsibilities include:
a) Complaint registering & telephone duty.
b) Attending LT supply interruption and HT under supervision.
c) Arranging switching ON/Off of streetlights.
d) Attending Shift duty /Night duty.
e) Any other works specifically assigned by superior officers.
2. Maintenance & Capital The major duties and responsibilities include:
Assisting and carrying out the following works as per directions of superior Officers under supervision.
1. Periodical Maintenance of a. 33& 11 kV line & structure under supervision b. Transformer & allied items under supervision c. LT line
2. Arranging 338 11 kV line periodical touching clearing
3. Major breakdown maintenance
4. Post insertion 2025:KER:19936 WP(C) NO. 37421 OF 2023 6
5. Line conversion
6. Execution of LT deposit works
7. Ensuring safety norms
8. Assist Sub Engineer to ensure cleanliness of office & office premises
9. Supervising streetlight maintenance & inspection of street lights
10. Any other work specifically assigned by superior officers.
3. Revenue The major duties and responsibilities include a. Single phase faulty meter changing with the assistance of Lineman b. Single phase service connection effecting with the assistance of Lineman c. Arranging Disconnection, Reconnection and dismantling & note down d. Supervising service wire & guy wire changing. e. Arrange to serve arrear notice & dismantling notice and other invoices. f. Meter shifting (work deposit) with the assistance of Lineman. g. Check reading minimum 100 consumers/month. h. Any other work specifically assigned by superior officers."
6.From the reading of the aforesaid paragraph of the counter affidavit, the major duties and responsibilities of the overseer with respect to the breakdown would include attending LT supply interruption and HT under supervision. The HT line requires certain expertise and the Overseer to perform the maintenance and supervision work of HT line only under the supervision and not 2025:KER:19936 WP(C) NO. 37421 OF 2023 7 independently.
7.In respect of the maintenance and capital, the periodical maintenance of the 33 & 11 KV line and inspection is to be performed by them under supervision. Transformers and allied items are to be maintained by them under supervision; only the LT line can be maintained by them independently. The major functions performed by the Overseers are under the supervision of the higher authorities / Engineers and they do not perform independent functions. Regulation 7 relies on by the respondents provides the qualifications for Engineers and Supervisors engaged in operation and maintenance of transmission, distribution systems.
8.From the duties and responsibilities as enumerated in Paragraph 11 of the counter affidavit, I am of the considered view that the duties and responsibilities of the Overseer are not supervisory but they assist the Engineers and higher authorities in performing the functions relating to operation and maintenance of transmission, distribution systems and they work under the supervision of the higher authorities.
2025:KER:19936 WP(C) NO. 37421 OF 2023 8 In view thereof, the petitioners are not required to get a diploma in electrical, mechanical, electronics and instrumentation engineering from a recognized institute or university for holding the post of Overseer for which the promotion was initially made vide the order dated 11.09.2023. In view thereof, the reliance placed by the respondents on Regulation 7 of the Central Electricity Authority (Measures relating to Safety & Electric Supply) Regulations, 2010 have no application for providing the qualification to hold the post of Overseer inasmuch as they are neither Engineers nor Supervisors.
Thus, the present writ petition is allowed, and the impugned order dated 26.09.2023 in Ext.P4 is quashed.
Sd/-
D. K. SINGH JUDGE SJ 2025:KER:19936 WP(C) NO. 37421 OF 2023 9 APPENDIX OF WP(C) 37421/2023 PETITIONER EXHIBITS Exhibit 1 A COPY OF THE NOTE EB4(B)/OVR(ELE)/10% QUOTA PROMOTION/2022 -23/2 FORWARDED BY THE 3RD RESPONDENT TO THE CHIEF ENGINEER (IT AND CR) ON 01.02.2023.
Exhibit 2 A COPY OF CIRCULAR EB4(B)/OVR(ELE)/10% QUOTA PROMOTION/2022 -23/2 DATED 02.02.2023 CALLING FOR APPLICATION TO THE PROMOTION TO THE POST OF OVERSEER.
Exhibit 3 A COPY OF THE ORDER NO.EB.4(B)PRO.10%/OVR(ELE)/2023-24 DATED 11.09.2023.
Exhibit 4 A COPY OF THE ORDER NO.EB.4(B)PRO.10%/CANCELLATION/2023-24 DATED 26.09.2023 ISSUED BY THE 3RD RESPONDENT. Exhibit 5 THE G.O.(MS)NO. 4/2022/POWER DATED 21.04.2022 ISSUED BY THE PRINCIPAL SECRETARY, POWER DEPARTMENT, GOVERNMENT OF KERALA.
Exhibit 6 A COPY OF THE RELEVANT PAGES OF CEA (MEASURES RELATING TO SAFETY & ELECTRIC SUPPLY) REGULATIONS, 2010.
Exhibit 7 A COPY OF THE RELEVANT PAGES OF CEA (MEASURES RELATING TO SAFETY & ELECTRIC SUPPLY) REGULATIONS, 2023.
Exhibit 8 A COPY OF THE RELEVANT PAGES OF THE LONG-TERM SETTLEMENT, 2021 APPROVED VIDE BO(FTD)NO.171/2021 DATED 26.02.2021 ISSUED BY THE RESPONDENT ORGANIZATION.
Exhibit 9 A COPY OF THE RELEVANT PAGES OF LONG-TERM SETTLEMENT, 2007 APPROVED VIDE B.O.(FB)NO. 628/2007(PSI/101/2006).
Exhibit 10 AN UNSIGNED COPY OF REPRESENTATION DATED 2025:KER:19936 WP(C) NO. 37421 OF 2023 10 31.10.2023 SUBMITTED BY THE 1ST PETITIONER. Exhibit 11 THE COPY OF RECEIPT OF THE REPRESENTATION ISSUED BY EXECUTIVE ENGINEER ELECTRICAL DIVISION SHORANUR DATED NOVEMBER 2023. Exhibit P12 A COPY OF THE ORDER NO.EB.4(B)/WPC 37421/2023 DATED 21.12.2023 ISSUED BY THE 3RD RESPONDENT RESPONDENT EXHIBITS Exhibit R5(a) A true photocopy of the relevant portion of the seniority list dated 15-02-2024 received by the 6th additional respondent under RTI Act