Kerala High Court
The Kerala State Electricity Board ... vs Jayasree. B.K on 10 March, 2026
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RP 984/2024 in W.P.(C) No. 5388/2023
2026:KER:21708
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 10TH DAY OF MARCH 2026 / 19TH PHALGUNA, 1947
RP NO. 984 OF 2024
AGAINST THE JUDGMENT DATED 02.04.2024 IN WP(C) NO.5388 OF 2023 OF
HIGH COURT OF KERALA
REVIEW PETITIONERS:
1 THE KERALA STATE ELECTRICITY BOARD LIMITED
REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVANAM, PATTOM
P.O. , THIRUVANANTHAPURAM, PIN - 695004
2 THE SECRETARY, KERALA STATE ELECTRICITY BOARD LIMITED,
VAIDYUTHI BHAVANAM, PATTOM P.O., THIRUVANANTHAPURAM, PIN -
695004
3 THE CHIEF ENGINEER (HRM)
KERALA STATE ELECTRICITY BOARD LTD., VAIDYUTHI BHAVANAM,
PATTOM P.O., THIRUVANANTHAPURAM, PIN - 695004
BY SRI.M.S.AMAL DHARSAN
SHRI.NOEL JACOB
DR.THUSHARA JAMES
RESPONDENT/S:
1 JAYASREE B.K.,ASSISTANT ENGINEER (ELE.), ELECTRICAL
DIVISION, KOTTARAKKARA, KOLLAM DISTRICT RESIDING AT
KRISHNAKRIPA', JANANI NAGAR-33, KADAPPAKADA.P.O., KOLLAM,
PIN - 691506
2 PRASAD. N.S.,ASSISTANT ENGINEER, KERALA STATE ELECTRICITY
BOARD LIMITED, ELECTRICAL SECTION, KEERAMPARA,
KOTHAMANGALAM, EMAKULAM, 110 KV SUBSTATION, KANAKAPPALAM,
KOTTAYAM DISTRICT, RESIDING AT NIVARATHIL HOUSE,
KARIKKATTOOR CENTRE.P.O., KOTTAYAM, PIN - 686509
3 ADDL.R3. SREEJITH SREEDHARAN
AGED 47 YEARS, S/O SREEDHARAN K.A, RESIDING AT
KOTHAKARIPARAMBU HOUSE, THIRUVANKULAM.P.O, ERNAKULAM
DISTRICT - 682305. NOW WORKING AS ASSISTANT ENGINEER (ELE.),
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RP 984/2024 in W.P.(C) No. 5388/2023
2026:KER:21708
KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL SECTION,
VYTTILA, ERNAKULAM - 682 019 [ADDL.R3 IS IMPLEADED AS PER
ORDER 04.08.2025 IN I.A.2/2024 IN RP 984/2024].
4 ADDL.R4. SHAJI K, AGED 54 YEARS, S/O. V. KRISHNAN, ASSISTANT
ENGINEER, 110 KV SUB STATION, EDATHUA:689573, RESIDING AT
ALIPARAMBIL HOUSE, CHERUTHANA P.O., ALAPPUZHA DIST. 690 517
[ADDL.R4 IS IMPLEADED AS PER ORDER DATED 04.08.2025 IN
I.A.3/2025 IN RP 984/2024].
5 ADDL.R5. NASAR U.M., S/O. MOOSAN U.K, AGED 52 YEARS,
ASSISTANT EXECUTIVE ENGINEER (ELE.), 220 KV SUB STATION, SUB
DIVISION, KSEB LTD., BRAHMAPURAM, RESIDING AT ULLATTUKUDY
HOUSE, VENGOLA P.O., ARACKAPPADY, PERUMBAVOOR, ERNAKULAM
DIST. 683 556 [ADDL.R5 IS IMPLEADED AS PER ORDER DATED
04.08.2025 IN I.A.5/2025 IN RP 984/2024].
6 BIJU P, S/O. PRABHAKARAN NAIR, ASSISTANT ENGINEER (ELE.),
ELECTRICAL SECTION, NORTH PARAVUR, RESIDING AT POURNAMI,
KIZHAKKEPPURAM, NORTH PARAVUR [ADDL.R6 IS IMPLEADED AS PER
ORDER DATED 6.2.2026 IN I.A.7/2025 IN RP 984/2024].
7 JAGADEESAN C.,S/O. KESAVAN C, ASSISTANT EXECUTIVE ENGINEER
(ELE.), SUB REGULAR STORE, PADINJARETHARA, THARIODE NORTH,
WAYANAD, RESIDING AT CHATHOTH HOUSE, KANHIRODE P.O., KANNUR
DISTRICT. [ADDL.R7 IS IMPLEADED AS PER ORDER DATED 6.2.2026
IN I.A.7/2025 IN RP 984/2024].
BY SRI.K.R.GANESH
SRI.V.M.KRISHNAKUMAR
SRI.PIRAPPANCODE V.S.SUDHIR
SRI.V.VARGHESE
SHRI.ELVIN PETER P.J. (SR.)
SRI.RANJITH THAMPAN (SR.)
SMT.SANJANA
SMT.GOURI BALAGOPAL
SHRI.SREELEKSHMI A.S.
SHRI. AKASH S.
SHRI. GIRISH KUMAR M S
SMT.RICHU THERESA ROBERT
SMT.P.R.REENA
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 4.2.2026, THE
COURT ON 10.3.2026 DELIVERED THE FOLLOWING:
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RP 984/2024 in W.P.(C) No. 5388/2023
2026:KER:21708
ORDER
(Dated this the 10th day of March 2026) The review petitioners are respondent Nos.1 to 3 in W.P.(C.) No. 5388 of 2023. The Writ Petition was filed to call for records leading to Ext.P4 and to quash the same. A writ of mandamus or other appropriate writ was also sought directing the respondents to appoint the petitioners and other eligible officers to the post of Assistant Engineer (Ele.) in the 39 vacancies of the Assistant Engineer (Ele.) which existed as on 31.1.2005 apart from the 66 vacancies already declared by the 1st respondent. This court, by the judgment under review, taking note of Ext.Nos.P11, P12, P13, P20, P21 and P22, directed the respondents to pass orders appointing the petitioners therein and other eligible officers to the post of Assistant Engineer (Ele.) in the 10% quota reserved for in-
4RP 984/2024 in W.P.(C) No. 5388/2023 2026:KER:21708 service candidates which are vacancies other than the 66 vacancies, which was admitted by the respondent in the judgment in W.A.No.2251 of 2019.
2. The ground on which this R.P. is filed is that the vacancies which are claimed as per Ext.Nos.P11, P12, P13, P20, P21 and P22 are those due to promotions and retirement happened prior to 31.1.2005 and hence, adding them to the 66 vacancies as on 31.1.2005, will be a duplication of vacancies.
Therefore, this court has committed a mistake on fact and thus, there is an error apparent on the face of the record. The 66 vacancies arrived as on 31.1.2005 includes the said 39 vacancies also. Thus, this R.P. is necessitated.
3. A counter affidavit is filed by respondent Nos.1 and 2, wherein the preliminary contention raised is that, this R.P. is filed by a new counsel and the grounds raised in R.P. and the 5 RP 984/2024 in W.P.(C) No. 5388/2023 2026:KER:21708 averments in the Counter affidavit, were already argued by the earlier counsel who appeared in the Writ Petition. The hon'ble Supreme Court has already cautioned that changing the counsel in R.P. should not be entertained as the earlier counsel, who argued the W.P., will only know what was transpired in court and the arguments made. The judgments of hon'ble apex court in Aribam Tuleshwar Sharma v. Aribam Pishak Sharma (AIR 1979 SC 1047), Northern India Caterers (India) Ltd.
v. Lt. Governor of Delhi (AIR 1980 SC 674) and K.A. Mohammed Ali v. C. N. Prasannan (AIR 1995 SC 454) are pressed into service to contend the scope of a R.P. and that it shall not be a re-hearing of the W.P. The grounds as well as the memorandum of R.P. is nothing, but a Verbatim reproduction of the Counter affidavit filed in the W.P. Therefore, prayed that the Review Petition is an abuse of process of law and is only to 6 RP 984/2024 in W.P.(C) No. 5388/2023 2026:KER:21708 be dismissed.
4. A reply affidavit is filed by the review petitioners to the counter filed by the respondents, in which they stick on to the stand that the total vacancies as on 31.1.2005 is only 66.
5. On 24.1.2025 an interim order was passed by this court, which reads as follows:
"The dispute mainly revolves around the number of vacancies, which are available in the post of Assistant Engineer (Electrical) in the 1st respondent Kerala State Electricity Board as on 31.1.2005. This court, by judgment under review, held that vacancies pointed out in Ext. Nos. P11, P12, P13, P20, P21 and P22 in the Writ Petition, are the vacancies other than the 66 vacancies admitted by the 1st respondent Board. The main ground in the Review is that vacancies which are projected through Ext. Nos.P20 to 23, totalling 39, are Inclusive of the vacancies available as 66 as on 31.1.2005.
2. The respondents in the Review Petition objected to this and submits that there is no error apparent on the face of the record and that 39 vacancies are over and above 66. To resolve this issue, there should a clarity as to the number of vacancies as on 31.1.2005 in the post of Asst. Engineer (Electrical) and when the vacancies arose, which are said to be 66. Therefore, to resolve the controversy, the 1st petitioner in the R.P., is directed to file an affidavit as to the total number of vacancies available as on 31.1.2005, which according to the Board, is 66 and the date on which those 66 vacancies arose with details of the names of the 7 RP 984/2024 in W.P.(C) No. 5388/2023 2026:KER:21708 persons, from whom the vacancies arose. The affidavit also clearly specify how the vacancies arose whether it by promotion, retirement or by any other mode. The affidavit shall be filed by the next posting.
Post on 17.02.2025."
6. In compliance with the said order, an affidavit is filed by the Executive Engineer attached to the office of the standing counsel on 8.4.2025, wherein in paragraph No.5, the review petitioners have admitted that there are 6 more vacancies as on 31.1.2005 to regularise/ appoint 6 more persons apart from 66 vacancies already regularised. Along with the affidavit, the list of persons whose retirement/ promotion/ any other mode of vacancies as on 31.1.2005 was also annexed.
Pursuant to the affidavit, an order was passed by this court on 10.4.2025. In the said order, this court directed the 1st review petitioner, Secretary of KSEB to fill up the post of Assistant Engineer (Electrical) in 6 more vacancies as stated in the 8 RP 984/2024 in W.P.(C) No. 5388/2023 2026:KER:21708 affidavit, in accordance with seniority in 10% quota and made clear that appointment will be subject to the result of the Review Petition.
7. This court also taking note of the fact that though the direction was to the Secretary of the 1st respondent/review petitioner to file the affidavit, a further direction was issued to the 2nd review petitioner to file the affidavit as ordered on 24.1.2025. On 23.6.2025, an affidavit was filed by the Secretary of the 1st review petitioner wherein it is categorically admitted that there were 6 more vacancies as on 31.1.2005.
Thereafter in paragraph No.13, it is admitted as hereunder "It is submitted that thus there are 16 more vacancies than the 66 vacancies already admitted by the respondent Board in the Asst. Engineer (Electrical) in 10% quota as on 31.1.2005."
8. The very stand of the review petitioners is that there 9 RP 984/2024 in W.P.(C) No. 5388/2023 2026:KER:21708 are only 66 vacancies available as on 31.1.2005 in 10% quota to fill up the post of Asst. Engineer (Electrical). This was the consistent stand taken by the review petitioners even at the time of disposal of the Writ Appeal No.2221 of 2019 till the filing of this Review Petition. It is for the first time that the review petitioners have changed their version, pursuant to the direction issued as per order dated 24.1.2025. So, the very foundation that there are no other vacancies other than the 66 vacancies disclosed by them as on 31.1.2005, has fallen down. While delivering the judgment, this court has taken note of the vacancies pointed out in Exts.Nos.P12, P13, P20, P21 and P22 which were also taken note by a learned Single Judge of this Court by setting aside the order No.EB1(A)/AE(E)/WP(C) No.4052/2021 dated 19.4.2021 issued by the Chief Engineer (HRM), KSEB.
10RP 984/2024 in W.P.(C) No. 5388/2023 2026:KER:21708
9. The hon'ble apex court in Birendra Nath Bera v.
The State of Jharkhand [2024 Supreme (Online) (SC) 1686], held that the review jurisdiction is limited to errors apparent on the record and does not permit re-evaluation of case merits.
I have thoroughly gone through the judgment under review and taken note of affidavit by the review petitioners pursuant to the direction issued by this court and I do not find any error apparent on the face of the record.
In view of the same, the Review Petition is only to be dismissed and accordingly, I do so.
SD/-
BASANT BALAJI, JUDGE dl/ 11 RP 984/2024 in W.P.(C) No. 5388/2023 2026:KER:21708 APPENDIX OF RP NO. 984 OF 2024 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE PROCEEDINGS NO.EBI[A]/AE[ELE]/158/2020 DATED 03/03/2020 ISSUED BY THE 1ST REVIEW PETITIONER BOARD RESPONDENT ANNEXURES ANNEXURE R2 (f) True copy of the counter affidavit filed by the Board in W.P.(C) No. 11782/2021 dated 05.01.2022 ANNEXURE R2 (g) True copy of the additional counter affidavit filed by the Executive Engineer in W.P.(C) No. 11782/2021 dated 30.09.2023.
ANNEXURE R2 (h) True copy of the Board Order (FB) No.1654/2002(Estt.VII/7629/2002) dated 10.12.2002 along with typed copy ANNEXURE R2 (i) True copy of the relevant extract of the seniority list of Assistant Engineers (Ele.) with effect from 23.11.1983.
Annexure R3(a) TRUE COPY OF THE LETTER RECEIVED UNDER RIGHT TO INFORMATION ACT DATED 05.08.2024 ALONG WITH THE SENIORITY LIST OF ASSISTANT ENGINEERS (ELE) 10% DEGREE HOLDERS WEF 23.11.1983 PETITIONER ANNEXURES Annexure-2 True copy of the list of persons on whose retirement promotion/ any other modes on which vacancies arose as on 31/01/2005 Annexure-3 True copy of the list of 135 Assistant Engineers (Ele) in 10 per cent quota those who were in service as on 31.01.2005 RESPONDENT ANNEXURES Annexure R3(b) TRUE COPY OF THE STATEMENT CONTAINING THE LIST OF PERSONS APPOINTED AS ASSISTANT ENGINEER (ELECTRICAL) UNDER SPECIAL RECRUITMENT, SPORTS QUOTA AND COMPASSIONATE GROUND PREPARED FROM ANNEX.R3(A) SENIORITY LIST Annexure R3(c) TRUE COPY OF THE SENIORITY LIST OF ASSISTANT ENGINEERS (ELECTRICAL) IN THE 10% INSERVICE QUOTA WITH EFFECT FROM 23.11.1983 Annexure R3(d) TRUE COPY OF THE INCUMBENCY DETAILS REFLECTED FROM THE SERVICE BOOK OF SL.NO.64- VISHNU NAMBOODIRI D Annexure R3(e) TRUE COPY OF THE INCUMBENCY DETAILS OF SL.NO.69- RADHAKRISHNAN NAIR 12 RP 984/2024 in W.P.(C) No. 5388/2023 2026:KER:21708 Annexure R3(f) TRUE COPY OF THE INCUMBENCY DETAILS OF SL.NO. 93- PRASANTH KUMAR V Annexure R3(g) TRUE COPY OF THE INCUMBENCY DETAILS OF SL.NO.105- JINI JOSEPH Annexure R3(h) TRUE COPY OF THE INCUMBENCY DETAILS OF SL.NO. 121- VICTOR LOPEZ Annexure R3(i) TRUE COPY OF THE INCUMBENCY DETAILS OF SL.NO. AND 122-ANWAR A.T Annexure R3(j) TRUE COPY OF THE INCUMBENCY DETAILS OF SL.NO. AND 132-K.R. SINA Annexure R3(k) TRUE COPY OF THE ORDER NO.EB1(A)/AE(ELE.)/RP 984/2024/COMPLIANCE/25-26 DATED 25.04.2025 OF THE 3RD REVIEW PETITIONER PETITIONER ANNEXURES Annexure 2 True copy of the list of persons on whose retirement, promotion, any other modes on which the vacancies arose as on 31.01.2005 Annexure 3 True copy of the list of 135 Assistant Engineers (Ele) in 10 per cent quota those who were in service as on 31.01.2005 Annexure 4 True copy of the compliance order dated 25.04.2025 Annexure 5 True copy of the note issued by the Chief Engineer (HRM) to then Secretary dated 23.12.2004 Annexure 6 The list of 34 employees RESPONDENT ANNEXURES ANNEXURE R2 (m) True copy of the declaration given by Sri. P.M. Alphonse counter signed by the Executive Engineer, Generation Division, Kallarkutty dated 10.04.2001. ANNEXURE R2 (n) True copy of the proceedings No. EBVS.5/43/97 dated 06.08.2008 of the Chief Engineer of the Board dismissing Sri. Antony Simethy from service. ANNEXURE R2 (j) True copy of the seniority list of Assistant Engineers (Ele.) in the 40 percentage degree holders with effect from 23.11.1983 published along with Annexure-R2(a) proceedings. ANNEXURE R2 (j)1 True copy of the representation dated 18.06.2025 submitted by Sri. Job M.V. before the Chief Engineer (HRM).
ANNEXURE R2 (k) True copy of the judgment dated 30.07.2012 in W.P.(C) No. 17198/2011 of this Hon'ble Court. ANNEXURE R2 (k)1 True copy of the relevant extract of the Service Book of Sri. A. Abdul Karim.
ANNEXURE R2 (k)2 True copy of the Order B.O. No. (FM) 567/03 (Estt-
I-3437/2003) dated 05.05.2003 issued by the Board.
13RP 984/2024 in W.P.(C) No. 5388/2023 2026:KER:21708 ANNEXURE R2 (l) True copy of the Board order No. EB1(a)/ A.E.(E)/Resgn/208/-09 dated 15.12.2009. ANNEXURE R2 (p) True copy of the proceedings No. EBV.S6/08/ 2010/995 dated 29.10.2010 of the Chief Engineer dismissing Sri. A.D. Sasidharan Nair from service. ANNEXURE R2 (q) True copy of the incumbency details of Sri. Vishnu Namboodiri.D. downloaded from the website of the Board evidencing that he was on LWA from 27.04.2002 upto 01.06.2005.
ANNEXURE R2 (r) True copy of the incumbency details of Radhakrishnan Nair evidencing that he was LWA on 02.07.2004 to 30.06.2014.
ANNEXURE R2 (s) True copy of the incumbency details of Sri. Prasanth Kumar.V. evidencing that he wa son LWA from 01.08.2004 upto 31.07.2009.
ANNEXURE R2 (t) True copy of the incumbency details of Sri. Jini Joseph downloaded from the website of the Board evidencing that he was on LWA from 01.08.2002 to 30.06.2011.
ANNEXURE R2 (u) True copy of the incumbency details of Sri. Victor Lopez evidencing that he was on LWA from 06.09.2003 to 31.12.2011.
ANNEXURE R2 (x) True copy of the incumbency details of Smt. Sina.K.R. evidencing that she was on LWA from 20.02.2002 to 19.03.2009.
ANNEXURE R2 (v) True typed copy of Annexure-R2(u) incumbency details of Sri. Victor Lopez.
ANNEXURE R2 (w) True copy of the incumbency details of Sri. A.P.Anwar evidencing that he was on LWA from 10.07.2003 upto 05.11.2009 along with typed copy ANNEXURE R2 (o) True copy of the proceedings No. EBVS.7/24/ 2010/507 dated 28.06.2012 of the Chief Engineer along with typed copy.
Annexure R3(a) True copy of the government order, GO(Ms).No.2/05/PD dated 01.02.2005 Annexure R3(b) True copy of the order dated 25.09.2020 in RP.No.297/2020 in WA.2221/2019 Annexure R3(c) True copy of the order of the Kerala State Electricity Board dated 30.01.2023 Annexure R3(d) True copy of interim order dated 10.04.2025 in RP.No.984/2024 in WP(c) 5388/2023 Annexure R3(e) True copy of the proceedings of the KSEB dated 28.05.2025 Annexure R3(f) True copy of the Proceedings No. EB.Gr.3/AE(Ele.)/Combined Seniority Dated, Thiruvananthapuram 19-05-2012 14 RP 984/2024 in W.P.(C) No. 5388/2023 2026:KER:21708 Annexure R3(g) True copy of the proceedings dated 28.05.2025 of the KSEB Annexure R3(i) True copy of the chart showing the non-cadre strength in 2004 issued by Chief Engineer Annexure R3(j) True copy of the decision reported in 1993 KHC 23 ( State of Kerala v. Sreekantan), WA No.823, 901 etc of 1987 dated 04.12.1992 Annexure R3(k) True copy of the Special Recruitment Gazette Notification dated 27.02.2009, category No.33/2009 Annexure R3(l) True copy of the Board order, BO(FTD) No. 959/2019 (EB 1 (a)/AE (Ele.)/40 %/2019 dated 26.12.2019 Annexure R3(m) True copy of the Board order, B.O(FTD) No. 583/2016 (EB7/General/New Sections/2016) dated 22.02.2016 Annexure R3(h) True copy of the note issued by the Chief Engineer (HRM) to then Secretary dated 23.12.2004 Annexure R4(a) THE TRUE COPY OF THE LETTER NO.PAGL/257/RIA/12/MSHEEJA.S.P/2025-26 DATED 24.09.2024 OF THE PUBLIC INFORMATION OFFICER & ACCOUNTS OFFICER, PENSION AUTHORISATION, KERALA STATE ELECTRICITY BOARD, ADDRESSED TO SMT.SHEEJA S.P Annexure R4(b) THE TRUE COPY OF THE REPRESENTATION DATED NIL, SUBMITTED BY THE APPLICANT TO THE CHIEF ENGINEER, HRM, KSEB