Kerala High Court
K. Sudhakaran Nair vs The Kerala State Electricity Board
Author: P.R. Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
FRIDAY, THE 22ND DAYOF AUGUST 2014/ 31ST SRAVANA, 1936
WP(C).No. 20875 of 2014 (H)
----------------------------
PETITIONER:
-------------------
K. SUDHAKARAN NAIR,AGED 54 YEARS,
S/O.SANKARAN NAIR, "KEDARAM", KOZHA P.O.,
KOTTAYAM 686 633, SENIOR ASSISTANT, PALA CIRCLE,
KSEB.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
----------------------------
1. THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY THE SECRETARY, VAIDHUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM - 695 001.
2. THE CHIEF ENGINEER,
HRM, KSEB, VAIDHUTHI BHAVAN,
PATTOM, THIRUVANANTHAPURAM - 4.
3. THE EXECUTIVE ENGINEER,
KSEB, GENERATION CIRCLE, MOOLAMATTOM,
IDUKKI, KERALA - 685 001.
BY ADV. SRI.K.S.ANIL, SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22-08-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Kss
WP(C).No. 20875 of 2014 (H)
------------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS:
---------------------------------------
EXHIBIT P1. COPY OF THE GRADATION LIST OF JUNIOR ASSISTANT/CASHIER
WITH EFFECT FROM 15.1.81.
EXHIBIT P2. COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 30.12.99.
EXHIBIT P3. COPY OF THE REPRESENTATION OF THE PETITIONER DATED
12.12.12 THROUGH THE THIRD RESPONDENT BEFORE THE SECOND
RESPONDENT.
RESPONDENT(S)' EXHIBITS:
------------------------------------------ N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
P.R. RAMACHANDRA MENON, J.
---------------------------------------
W.P.(C) No.20875 of 2014
---------------------------------------
Dated this the 22nd day of August, 2014.
JUDGMENT
The petitioner has approached this Court seeking for a direction to be given to the respondents to reassign the seniority in promotion to the post of Senior Assistant with effect from June, 1999.
2. The learned counsel for the petitioner submits that, the wrong assignment of seniority came to be effected only by virtue of Ext.P1 without any regard to Rule 28(2)(bbb) of the KSR and SSR. The last test taken by the petitioner was in June, 1999 (in which petitioner came out successful) and this being the position, based on the certificate issued by the PSC in December, 1999 as to the passing of the departmental test, the petitioner's seniority is liable to be reckoned with reference to the said Rule, treating him as duly qualified. By virtue of the wrong course pursued by the respondents, an anomaly has been resulted, whereby several juniors of the petitioner have been given higher ranks in the promotion list, which is sought to be corrected by submitting W.P.C.No.20875 of 2014 2 Ext.P3 representation before the 2nd respondent. The learned counsel for the petitioner submits that, the petitioner will be satisfied, if a direction is given to the 2nd respondent to have it considered and disposed of, within a reasonable time.
3. In the said circumstances, the writ petition is disposed of, directing the 2nd respondent to consider Ext.P3 representation preferred by the petitioner and to pass appropriate orders, in accordance with law, after hearing the petitioner and other interested parties concerned, which shall be done at the earliest, at any rate within 'two months' from the date of receipt of a copy of this judgment.
The petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the 2nd respondent, for further steps.
P.R. RAMACHANDRA MENON, JUDGE sp