Kerala High Court
V.N.Manikandan vs Kerala State Electricity Board Ltd on 23 September, 2020
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2020 / 1ST ASWINA, 1942
WP(C).No.19481 OF 2020(I)
PETITIONERS:
1 V.N.MANIKANDAN, AGED 43 YEARS
S/O VELAYUDHAN NAIR, 9-21, SIVASAILAM,
KAZHUVANTHITTAI, MOOVATTUMUGHAM,
THIRUVATTAR, KANYA KUMARI DISTRICT,
TAMILNADU STATE-629177.
2 NIDHEESH.K.J, AGED 29 YEARS
S/O KUTTAPPAN NAIR, KARTHIKA, THURUVOTTOKONAM,
KOOVALASSERY,MARANALLOR,THIRUVANANTHAPURAM-695512.
3 SHIBHU.J.H, AGED 44 YEARS
S/O JALALUDHEEN,BISMI COTTAGE,KANJIRAMMOODU,
ARYANAD.P.O,THIRUVANANTHAPURAM-695542.
4 PRASAD.P, AGED 42 YEARS
S/O PRABHAKARAN, PRASAD BHAVAN,
PARAKKUZHI,MARANALOOR,RUSSELPURAM,
NEYYATTINKARA.P.O, THIRUVANANTHAPURAM-695501.
5 PRADEEP.P, AGED 39 YEARS
S/O PARAMESWARAN NAIR,PRIYA HOUSE,
KALLUVILA,OORUTTUKALA,NEYYATTINKARA.P.O,
THIRUVANANTHAPURAM-695121.
6 PREMKUMAR.S.V, AGED 36 YEARS
S/O.N.SREEKANTAN NAIR,PUTHUKKULATHU VEEDU,
VENPAKAL,ATHIYANNUR PART VENPAKAL.P.O,
THIRUVANANTHAPURAM-695123.
7 PRAVEENKUMAR.C.S, AGED 30 YEARS
S/O.CHANDRAN NAIR,C.S.BHAVAN,ELAYVILAKOM,
VANDANOOR,PERUMPAZHATHOOR.P.O,
THIRUVANANTHAPURAM-695126.
8 SUNIL, AGED 41 YEARS
S/O SATHYANESAN,15/339,PULLUVATTIPUHANVEEDU,
UCHAKADA.P.O, NEYYATTINKARA,THIRUVANANTHAPURAM-
695506.
WP(C).No.19481 OF 2020(I)
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9 BIJU.R, AGED 39 YEARS
S/O.T.ROBINSON,ATHUL BHAVAN,KUZHIKKALA,
CHERIYAKOLLA.P.O, KUNNATHUKAL,
THIRUVANANTHAPURAM-695504.
10 RATHEESH KUMAR.S, AGED 39 YEARS
S/O SUKUMARAN NAIR.M,CHERIYAKONAM KRISHNA
VILASAM ,KARIKAMANCODE,VELLARADA,KUDAYAL.P.O,
THIRUVANANTHAPURAM-695505.
11 SUNIL.S.S, AGED 42 YEARS
S/O SATHYANESAN.A,SUNIL BHAVAN,VATTAM,
VELLARADA,MANALI.P.O, THIRUVANANTHAPURAM-695505.
12 SATHEESHKUMAR.V, AGED 54 YEARS
S/O.VELAYUDHAN PILLAI,PUTHUVEEDU,VELLARADA.P.O,
THIRUVANANTHAPURAM-695505.
13 SANDEEP.S.G, AGED 39 YEARS
S/O SASIDHARAN THAMPI,MURUKAVILASAM ,KEEZHKOLLA,
AMARAVILA.P.O, THIRUVANANTHAPURAM-695122.
14 KRISHNAKUMAR.S, AGED 38 YEARS
S/O SUKUMARAN NAIR,CHERIVEEDU,PAKALOOR,
KALIYOOR,PALLICHAL.P.O,THIRUVANANTHAPURAM-695020.
15 AJIN.S, AGED 33 YEARS
S/O NIRMALA JOTHI,S.N.BHAVAN,NEYYATTINKARA.P.O,
THIRUVANANTHAPURAM-695121.
16 ABHILASH.A.S, AGED 31 YEARS
S/O SASIDHARAN.N,A.S.BHAVAN,
PARAVOTTUKONAM,DHANUVACHAPURAM.P.O,
THIRUVANANTHAPURAM-695505.
17 AJITH KUMAR.O.S, AGED 41 YEARS
S/O SOMAN,ARSHIN NIVAS,KAVU VILA,
DHANUVACHAPURAM.P.O, THIRUVANANTHAPURAM-695503.
18 FIROZKHAN FAROOK.M.K, AGED 39 YEARS
S/O KANI BAWA RAWTHER,MUTTUPANTHIYIL
THAZETHIL,CHERICKAL,MUDIYOORKONAM.P.O,
PATHANAMTHITTA-689501.
19 SREEJITH.M.S, AGED 32 YEARS
S/O MANIKANTAN.C,VADAKKUMKARA PLAVILA
VEEDU,KALLUVARAMBIL,POOVATHOOR.P.O,
THIRUVANANTHAPURAM-695561.
WP(C).No.19481 OF 2020(I)
3
20 GIREESH KUMAR.P, AGED 44 YEARS
S/O PRABHAKARAN,SOORYA GAYATHRI,
CHIRAKKARA,MOOTHAMKONAM,NEDUMANGADU.P.O,
THIRUVANANTHAPURAM-695541.
21 AJITH.P.N, AGED 35 YEARS
S/O PURUSHOTHAMAN,ASWATHY BHAVAN,
KALLUVILA VEEDU,KARUMKULAM.P.O,
THIRUVANANTHAPURAM-695526.
22 VINOD.S, AGED 40 YEARS
S/O SADANANDAN NADAR,THERIVILAYAYA CHARIVUVILA
PUTHEN VEEDU,PULIYOORKONAM,
PAYATTUVILA.P.O, THIRUVANANTHAPURAM-695501.
23 SHIBU.K.R, AGED 38 YEARS
S/O.P.KESHAVAN,K.R.BHAVAN,MUNDANADU,
CHAMAVILA,DALUMMUGHAM.P.O,
THIRUVANANTHAPURAM-695125.
24 ABHILASH.R, AGED 46 YEARS
S/O.RAVEENDRA BABU,VIJAYA COTTAGE,
JANATHA ROAD,ULIYAZHATHURA,CHEMPAZHANTHY.P.O,
THIRUVANANTHAPURAM-695587.
25 SUJITH KUMAR.S.S, AGED 38 YEARS
S/O SASIDHARAN NAIR,SYAMALALAYAM,
SUVARNA NAGAR,KULAPPADA.P.O,
THIRUVANANTHAPURAM-695542.
BY ADV. SRI.S.NIKHIL SANKAR
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LTD.,
VAIDHYUDHI BHAVANAM,THIRUVANANTHAPURAM-695001.
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR.
2 THE CHIEF ENGINEER(HRM),
KERALA STATE ELECTRICITY BOARD LTD,
VAIDHYUTHI BHAVANAM,THIRUVANANTHAPURAM-695001.
3 THE SECRETARY(ADMINISTRATION),
KERALA STATE ELECTRICITY BOARD LTD,
VAIDYUTHI BHAVANAM,THIRUVANANTHAPURAM-695001.
4 STATE OF KERALA,
REPRESENTED BY SECRETARY,MINISTRY OF POWER,
WP(C).No.19481 OF 2020(I)
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2ND FLOOR,NORTH BLOCK,SECRETARIAT,
THIRUVANANTHAPURAM-695036.
SRI.BIJOY CHANDRAN, SR.GP
SRI.SUDHEESH GANESH KUMAR, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.19481 OF 2020(I)
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JUDGMENT
The petitioners assert that they have been serving the Kerala State Electricity Board (KSEB) as Meter Readers without break for the past several years; but that they have not been yet regularised. According to them, they have preferred Ext.P1 representation before the first respondent detailing their claims and they pray that the same be directed to be taken up and disposed of at the earliest, adverting to Ext.P5 communication issued by the Ministry of Labour and Employment, Government of Kerala to all the State Governments that no employee be terminated in the present Covid - 19 pandemic scenario.
2. Sri.Sudheer Ganesh Kumar, learned standing counsel for the KSEB, in response to the afore submissions made on behalf of the petitioners by their learned counsel Sri.S.Nikhil Sankar, submitted that, normally, he would not have stood in the way of such an innocuous prayer being granted by this Court, but that there are certain specific aspects which require to be brought to the notice of this Court through apposite counter pleadings. He, therefore, prayed that this Court grant his client at least two weeks time to place on record a counter affidavit; alternatively submitting that if this WP(C).No.19481 OF 2020(I) 6 Court is to make no affirmative declarations on the entitlement of the petitioner to any relief, there does not appear to be any legal impediment in the representation being disposed of. He then added to these submissions by saying that on account of certain judgments of this Court, including one delivered by a learned Division Bench, the petitioners may not be entitled to any relief and that the prayers made for by them in this writ petition are totally untenable. He concluded his contentions by saying that this is more so because the KSEB has already reported all the vacancies to the Public Service Commission and therefore, that they cannot take any further decision as regards the regularisation of the petitioners at this stage.
3. Even when I hear Sri.Sudheer Ganesh Kumar on the afore lines, it is without doubt that it will be impossible for this Court to go into the merits of the contentions of the petitioner at this stage, since it is for the first respondent to take a decision on their claims at the first instance. Since the petitioners have already preferred Ext.P1 representation, I deem it appropriate that the competent Authority of the KSEB consider the same, leading to an appropriate decision thereon in any manner that they may deem fit, taking note of all relevant and applicable inputs. While doing so, the said WP(C).No.19481 OF 2020(I) 7 Authority will also advert to Ext.P5 communication of the Government of India against termination of employees at these times of Covid - 19 pandemic.
Resultantly, this writ petition is ordered directing the first respondent to take up Ext.P1 representation of the petitioners and to dispose of the same as per law, adverting to Ext.P5 communication of the Government of India, and after offering an opportunity of being heard to the second petitioner, who is stated to be competent to represent all the others, either physically or through video conferencing, as expeditiously as is possible but not later than one month from the date of receipt of a copy of this judgment.
I make it clear that since I have not considered the merits of the claims or contentions of the petitioners, the competent Authority of the KSEB will be at full liberty to take any apposite decision thereon after properly examining and evaluating the same.
Sd/- DEVAN RAMACHANDRAN
Stu JUDGE
WP(C).No.19481 OF 2020(I)
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE
PETITIONERS DATED 27/08/2020 BEFORE THE 1ST RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE BO NO.3215/98PS.II/862/88,THIRUVANANTHAPURAM DATED 17/10/1998 ISSUED BY 3RD RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE B.O.(DB)NO.137/2017 (ESTT.II/8252/2010)THIRUVANNATHAPURAM DATED 21/01/2017 ISSUED BY 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 11/08/2017 ISSUED BY THIS HONOURABLE COURT IN W.P(C)NO.12126/2011 AND OTHER CONNECTED CASES.
EXHIBIT P5 TRUE COPY OF THE CIRCULAR BEARING D.O.NO.M-
11011/08/2020-MEDIA ISSUED BY MINISTRY OF LABOUR AND EMPLOYMENT,UNION OF INDIA DATED 20/03/2020.
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.A TO JUDGE.