Kerala High Court
Sumathy.B vs Kerala State Electricity Board Ltd on 21 August, 2020
Author: P.V.Asha
Bench: P.V.Asha
WP(C).No.576 OF 2018
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 21ST DAY OF AUGUST 2020 / 30TH SRAVANA, 1942
WP(C).No.576 OF 2018(V)
PETITIONER/S:
1 SUMATHY.B
SENIOR ASSISTANT, KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SUB DIVISION, THALASSERY-670101,RESIDING
AT VLAPARAMBIL HOUSE, P.O.PUDUPARIYARAM, PALAKKAD
DISTRICT,.
2 RAMESAN M.
SENIOR ASSISTANT, KERALA STATE ELECTRICITY BOARD,
ELECTRICAL REGIONAL IT UNIT, KOZHIKODE, RESIDING AT
MUNDAPPURATH HOUSE, P.O.PARANNUR, NARIKUNI,
KOZHIKODE DISTRICT, PIN-673 585.
3 RADHA N.
SENIOR ASSISTANT, KERALA STATE ELECTRICITY BOARD,
ELECTRICAL CIRCLE, THRISSUR DISTRICT, RESIDING AT
NARANGAVALAPPIL, P.O.VELUR, THRISSUR DISTRICT, PIN-
680 601.
4 SURESHNATH P.S.
SENIOR ASSISTANT, KERALA STATE ELECTRICITY BOARD,
ELECTRICAL CIRCLE, THRISSUR-680 121, RESIDING AT
PAYYAPPILLY HOUSE, P.O.ERAVATHUR, THRISSUR
DISTRICT, PIN-680 734.
5 HARIHARASUBRAHMANIAN R
SENIOR ASSISTANT, KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SUB DIVISION, PALAKKAD DISTRICT,RESIDING
AT MANJITHOYA, PALAKKAD DISTRICT.
6 AJITHA T.K.
SENIOR ASSISTANT, KERALA STATE ELECTRICITY BOARD,
REGIONAL AUDIT OFFICE, PARUMBOAVOOR-683 542,
RESIDING AT VELLOPATTIL HOUSE, PAZHAMTHOTTAM,
ERNAKULAM DISTRICT-683 565.
* 7 SUBASH M.D.
SENIOR ASSISTANT, KERALA STATE ELECTRICITY BOARD,
TRANSMISSION CIRCLE, THALASSERY-670 101, RESIDING
WP(C).No.576 OF 2018
2
AT MAMPILLY HOUSE, THALASSERY P.O., KANNUR
DISTRICT,PIN-670 671.
[CORRECTED AS SUBASH M.D, SENIOR ASSISTANT, KERALA
STATE ELECTRICITY BOARD, TRANSMISSION CIRCLE,
VIDYUTHI BHAVANAM, THRISSUR-680004, RESIDING AT
MAMPILLY HOUSE, THALASSERY P.O., KANNUR DISTRICT-
670671].
* 8 SATHIAN P.V.
SENIOR ASSISTANT, KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SUB DIVISION, THALASSERY-670
101,RESIDING AT PERUMARATH, P.O.KANJANI, THRISSUR
DISTRICT, PIN-680 612.
[CORRECTED AS SATHIAN P.V, SENIOR ASSISTANT, KERALA
STATE ELECTRICITY BOARD, GENERATION CIRCLE,
VIDYUTHI BHAVANAM, THRISSUR-680004, RESIDING AT
PERAMARATH, P.O.KANJANI, THRISSUR DISTRICT, PIN-680
612].
* 9 BINDU T.
SENIOR ASSISTANT, KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SUB DIVISION, KANNUR, RESIDING AT
PUTHENVILA, KANNUR DISTRICT, PIN-670 671.
[CORRECTED AS BINDU. T, SENIOR ASSISTANT, KERALA
STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE,
PATHANAMTHITTA, RESIDING AT PUTHENVILA, ARUNAPPALAM
PO, KONNI, PATHANAMTHITTA DISTRICT-689691].
* 10 PRASANNAKUMARI K.M.
SENIOR ASSISTANT, KERALA STATE ELECTRICITY BOARD,
O/O. DIRECTOR TRANSMISSION AND SYSTEM OPERATION,
VIDUTHI BHAVAN, RESIDING AT CHERUKARA HOUSE,
P.O.THIRUMALA, THALASSERY, KANNUR DISTRICT,PIN-670
671.
[CORRECTED AS PRASANNAKUMARI K.M. SENIOR ASSISTANT,
KERALA STATE ELECTRICITY BOARD, O/O. DIRECTOR
TRANSMISSION AND SYSTEM OPERATION, VIDUTHI
BHAVAN,THIRUVANANTHAPURAM-695004, RESIDING AT
CHERUKARA HOUSE, P.O.THIRUMALA, THIRUVANANTHAPURAM-
695006].
11 JOTHY B.
SENIOR ASSISTANT, KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SUB DIVISION, THATHAMANGALAM,RESIDING AT
PRANASSERY HOUSE, PALAKKAD DISTRICT.
* 12 SAJEEVAN K.M.
SENIOR ASSISTANT, KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SECTION, KANHANGAD, RESIDING AT LAKSHMI
NIVAS,PILICODE P.O., KASARAGOD DISTRICT, PIN-671
WP(C).No.576 OF 2018
3
315.
CORRECTED AS SAJEEVAN K.M, SENIOR ASSISTANT, KERALA
STATE ELECTRICITY BOARD, ELECTRICAL SECTION,
KANHANGAD, RESIDING AT LAKSHMI NIVAS,PILICODE P.O.,
KASARAGOD DISTRICT, PIN-671 315].
* 13 LEKHA V NAIR
SENIOR ASSISTANT, KERALA STATE ELECTRICITY BOARD,
RESIDING AT GOGULAM, P.O.KANJIRAMPARA,
THIRUVANANTHAPURAM PIN-670 671.
[CORRECTED AS LEKHA V.NAIR,SENIOR ASSISTANT, KERALA
STATE ELECTRICITY BOARD, O/O CHIEF ENGINEER (HRM),
THIRUVANANTHAPURAM, RESIDING AT GOGULAM,
P.O.KANJIRAMPARA, THIRUVANANTHAPURAM DISTRICT-
6695030].
* 14 DEEPA K.R.
SENIOR ASSISTANT, KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SUB DIVISION, KOZHIKODE, PIN-670
614,RESIDING AT NADAVANNUR, KOZHIKODE DISTRICT.
[CORRECTED AS DEEPA K.R. SENIOR ASSISTANT, KERALA
STATE ELECTRICITY BOARD, ELECTRICAL SECTION,
KOTTARIDA, P.O.KOTTUR, KOZHIKODE-673614, RESIDING
AT PRANAVAM, NADVANNUR, KOZHICODE DISTRICT-673614].
* 15 PRADEEP K.B.
SENIOR ASSISTANT, KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SUB DIVISION, THRISSUR-670 101, RESIDING
AT KADAVILPARAMBIL, THRISSUR DISTRICT, PIN-680 616.
[CORRECTED AS PRADEEP K.B., SENIOR ASSISTANT,
KERALA STATE ELECTRICITY BOARD, ELECTRICAL
DIVISION, THRISSUR WEST, THRISSUR DISTRICT-680001,
RESIDING AT KADAVILPARAMBIL,KUNDALIYOOR PO,
THRISSUR DISTRICT, PIN-680 616]
[THE ADDRESS OF THE PETITIONER NO.7,8,9,10,12,13,14
AND 15 ARE CORRECTED AS PER ORDER DATED 01/02/2018
IN IA.NO.1266/2018 IN WP(C).576/2018].
16 ELSAMMA MATHEW
SENIOR ASSISTANT, KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SECTION OFFICE, MOOLAMATTOM, IDUKKI
DISTRICT,PIN-685 589, RESIDING AT PINAKAT HOUSE,
P.O.KODIYATHUR, IDUKKI DISTRICT, PIN-685 590.
BY ADV. SRI.P.M.PAREETH
RESPONDENT/S:
1 KERALA STATE ELECTRICITY BOARD LTD.
REPRESENTED BY ITS SECRETARY, VIDYUTHI
WP(C).No.576 OF 2018
4
BHAVANAM,PATTOM, THIRUVANANTHAPURAM-695 004.
2 CHIEF ENIGNEER HRM
KERALA STATE ELECTRICITY BOARD LTD.VIDYUTHI
BHAVANAM,PATTOM, THIRUVANANTHAPURAM-695 004.
3 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,SOCIAL
JUSTICE DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695 001.
BY SMT.ANEETHA A.G., SC, KERALA STATE ELECTRICITY
BOARD LIMITED
SRI.SUNIL KUMAR KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.576 OF 2018
5
JUDGMENT
Dated this the 21st day of August 2020 Petitioners are differently abled Senior Assistants in the Kerala State Electricity Board Limited ('the Board' for short). They are aggrieved by the denial of promotion as Senior Superintendents under the 3% category reserved for differently abled persons. The Memorandum of Settlement -Ext.P3 entered into between the Board and the Employees' Unions relating to wage rates, staff pattern, service conditions, etc on 28.02.2007 provides for reservation to disabled hands in promotion. Clause 32 thereof reads as follows:
32. Special promotion rules to physically handicapped employees in 3% quota will be implemented by the Board after identifying the eligible categories.
Pursuant to the judgments in WP(C) No.17404/2005, No.22243/2009, expert committee which was constituted, identified the posts for promotion under the 3% quota covered by the Long Term Settlement and the Board thereafter issued Ext.P4 order on 12.05.2010. It was ordered that 3% vacancies in the posts of Senior Superintendents, Assistant Engineer (Ele) and Assistant Engineer (Civil) in KSEB would be reserved for promotion from physically handicapped persons namely visually handicapped, hearing handicapped and orthopaedically handicapped. Whileso, a differently abled Sub Engineer had approached this Court in W.P.(C) No. 23104 of 2016 when he was WP(C).No.576 OF 2018 6 denied promotion under the 3% quota. This Court had as per Ext.P5 judgment found that the claim of the petitioner therein for promotion under the 3% reservation category was liable to be granted in the light of the judgment of the apex court in Civil Appeal No.5389/2016, irrespective of the mode of recruitment and directed the Board to consider him for promotion in the quota reserved for orthopaedically handicapped. Even though the Board filed W.A.No.388/2017, as per Ext.P6 judgment dated 15.06.2017 the writ appeal was dismissed affirming Ext P5 judgment. Respondents have thereafter on 30.11.2017 published Ext P8 list of Senior Assistants who are eligible for promotion as Senior Superintendents under the 3% quota. Petitioners are included in that list. It is pointed out that 34 persons were granted promotion under the 3% quota. But petitioners are not granted promotion. Petitioners claim that they are also entitled to be granted promotion and that several vacancies coming under the 3% quota are yet to be filled up.
2. The contention of the respondent Board is that promotion need be granted only against 3% of the posts in the cadre strength of Senior Assistants. It is stated that the cadre strength of Senior Assistants is 1142 and 3% of the same would come to 34. Therefore no further appointment is necessary. Relying on the note 3 to Rule 5 of KS&SSR, they have stated that whenever a ratio or percentage is prescribed, that should be reckoned on the cadre strength.
WP(C).No.576 OF 2018 7
3. The learned Standing Counsel relying on section 34 of the Rights of Persons with Disabilities Act argued that promotion can be made only against 3% of the cadre strength and that the petitioners cannot have any claim for promotion in accordance with the provisions under the Persons with Disabilities (Equal Opportunities,Protection of Rights and Full Participation) Act, 1995 since the said Act has already been repealed as per section 102 of the Right of Persons with Disabilities Act 2016.
4.Heard Sri. Pareeth, the learned Counsel for the petitioner and Smt. A. G. Aneetha, the learned Standing Counsel for the Board.
5. A reading of Ext.P3 Long Term Settlement as well as Ext.P4 order issued by the Board in compliance with the judgment of this Court would show that even in the Long Term Settlement and identification made by the KSEB what is provided is promotion against 3% of the vacancies. Even after the enforcement of 2016 Act, Long Term Settlement which continues to be in force provides for promotion against 3% of the vacancies; it is not against 3% of the posts in the cadre strength. As rightly pointed out by the learned counsel for the petitioner, section 34 of 2016 Act also provides for 3% of the total number of "vacancies in the cadre strength in each group of post" and it is not three percent of the total number of posts in the cadre strength. Section 34 of the 2016 Act read as follows:
WP(C).No.576 OF 2018 8
34. (1) Every appropriate Government shall appoint in every Government establishment, not less than four per cent. of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities of which, one per cent. each shall be reserved for persons with benchmark disabilities under clauses (a), (b) and (c) and one per cent. for persons with benchmark disabilities under clauses (d) and (e), namely:--
1. (a) blindness and low vision;
2. (b) deaf and hard of hearing;
3. (c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy;
4. (d) autism, intellectual disability, specific learning disability and mental illness;
5. (e) multiple disabilities from amongst persons under clauses
(a) to (d) including deaf-blindness in the posts identified for each disabilities:
6. Provided that the reservation in promotion shall be in accordance with such instructions as are issued by the appropriate Government from time to time:
7. Provided further that the appropriate Government, in consultation with the Chief Commissioner or the State Commissioner, as the case may be, may, having regard to the type of work carried out in any Government establishment, by notification and subject to such conditions, if any, as may be specified in such notifications exempt any Government establishment from the provisions of this section.
8. (2) Where in any recruitment year any vacancy cannot be filled up due to nonavailability of a suitable person with benchmark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with benchmark disability is not available, it may first be filled by interchange among the five categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability:
9. Provided that if the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged among the five categories with the prior approval of the appropriate Government.
(3) The appropriate Government may, by notification, provide for such relaxation of upper age limit for employment of persons with benchmark disability, as it thinks fit.
6. It is a case where the respondents have already issued orders on the basis of the 1995 Act based on which they entered into Ext.P3 Long Term Settlement, which continue to be in force. When the 2016 Act provides for more benefits to the differently abled persons than what was given under the 1995 Act, it cannot be said that right conferred on them under the above Act and WP(C).No.576 OF 2018 9 under the settlement would cease to exist on enforcement of 2016 Act or on the repeal of 1995 Act.
7. The stand of the respondents is that they need not make any further appointment, since 3% quota is already filled. But the respondents have to make appointments as against the 3% vacancies in the cadre of Senior Superintendents. The interpretation with reference to Note 3 to Rule 5 of KS& SSR will not apply to the provisions in the long term settlement or the central Act where percentage specifically refers to vacancies and which came into force subsequent to the introduction of Note 3 to Rule 5.
The petitioners have produced Exts.P9 to P27 orders pointing out that 2350 vacancies were filled up by way of promotion. Respondents shall compute the 3% of vacancies in the post of Senior Superintendents and consider the case of petitioners against the said 3% quota from Ext P8 list already published, within a period of three months from the date of receipt of copy of the judgment.
The Writ Petition is disposed of accordingly.
Sd/-
P.V.ASHA
rkc JUDGE
WP(C).No.576 OF 2018
10
APPENDIX OF WP(C) 576/2018
PETITIONER'S/S EXHIBITS:
EXHIBIT P1: A TRUE PHOTOCOPY OF THE DISABILITY CERTIFICATE
DATED 31/7/1991 IN RESPECT OF THE 1ST PETITIONER ISSUED BY THE MEDICAL BOARD ATTACHED TO THE DISTRICT HOSPITAL, PALAKKAD.
EXHIBIT P1(A). A TRUE PHOTOCOPY OF THE DISABILITY CERTIFICATE DATED 12/4/2016 IN RESPECT OF THE 2ND PETITIONER ISSUED BY THE MEDICAL BOARD ATTACHED TO THE GOVERNMENT MEDICAL COLLEGE HOSPITAL, CALICUT. EXHIBIT P1(B). A TRUE PHOTOCOPY OF THE DISABILITY CERTIFICATE DATED 3/12/2003 IN RESPECT OF THE 3RD PETITIONER ISSUED BY THE MEDICAL BOARD ATTACHED TO THE MEDICAL COLLEGE HOSPITAL, THRISSUR.
EXHIBIT P1(C). A TRUE PHOTOCOPY OF THE DISABILITY CERTIFICATE DATED 12/5/2004 IN RESPECT OF THE 4TH PETITIONER ISSUED BY THE MEDICAL BOARD ATTACHED TO THE MEDICAL COLLEGE HOSPITAL, THRISSUR.
EXHIBIT P1(D). A TRUE PHOTOCOPY OF THE DISABILITY CERTIFICATE DATED 2/3/2005 IN RESPECT OF THE 5TH PETITIONER ISSUED BY THE MEDICAL BOARD ATTACHED TO THE DISTRICT HOSPITAL, PALAKKAD.
EXHIBIT P1(E). A TRUE PHOTOCOPY OF THE DISABILITY CERTIFICATE DATED 19/9/1995 IN RESPECT OF THE 6TH PETITIONER ISSUED BY THE MEDICAL BOARD ATTACHED TO THE DISTRICT HOSPITAL, THRISSUR.
EXHIBIT P1(F). A TRUE PHOTOCOPY OF THE DISABILITY CERTIFICATE DATED 24/12/1991 IN RESPECT OF THE 7TH PETITIONER ISSUED BY THE MEDICAL BOARD ATTACHED TO THE DISTRICT HOSPITAL, THRISSUR.
EXHIBIT P1(G). A TRUE PHOTOCOPY OF THE DISABILITY CERTIFICATE DATED 25/11/1991 IN RESPECT OF THE 8TH PETITIONER ISSUED BY THE MEDICAL BOARD ATTACHED TO THE DISTRICT HOSPITAL, THRISSUR.
EXHIBIT P1(H). A TRUE PHOTOCOPY OF THE DISABILITY CERTIFICATE DATED 18/2/2014 IN RESPECT OF THE 9TH PETITIONER ISSUED BY THE MEDICAL BOARD ATTACHED TO THE GENERAL HOSPITAL, PATHANAMTHITTA.
EXHIBIT P1(I). A TRUE PHOTOCOPY OF THE DISABILITY CERTIFICATE DATED 17/6/2014 IN RESPECT OF THE 10TH PETITIONER ISSUED BY THE MEDICAL BOARD ATTACHED TO THE MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. EXHIBIT P1(J). A TRUE PHOTOCOPY OF THE DISABILITY CERTIFICATE DATED 19/10/1992 IN RESPECT OF THE 11TH PETITIONER ISSUED BY THE MEDICAL BOARD ATTACHED TO THE DISTRICT HOSPITAL, PALAKKAD.
WP(C).No.576 OF 2018 11 EXHIBIT P1(K). A TRUE PHOTOCOPY OF THE DISABILITY CERTIFICATE DATED 19/3/2006 IN RESPECT OF THE 12TH PETITIONER ISSUED BY THE MEDICAL BOARD ATTACHED TO THE DISTRICT HOSPITAL, KANNUR.
EXHIBIT P1(L). A TRUE PHOTOCOPY OF THE DISABILITY CERTIFICATE DATED 19/3/2010 IN RESPECT OF THE 13RD PETITIONER ISSUED BY THE MEDICAL BOARD ATTACHED TO THE GENERAL HOSPITAL, THIRUVANANTHAPURAM.
EXHIBIT P1(M). A TRUE PHOTOCOPY OF THE DISABILITY CERTIFICATE DATED 13/6/1992 IN RESPECT OF THE 14TH PETITIONER ISSUED BY THE MEDICAL BOARD ATTACHED TO THE DISTRICT HOSPITAL KANNUR EXHIBIT P1(N). A TRUE PHOTOCOPY OF THE DISABILITY CERTIFICATE DATED 13/2/2013 IN RESPECT OF THE 15TH PETITIONER ISSUED BY THE MEDICAL BOARD ATTACHED TO THE GOVET. MEDICAL COLLEGE HOSPITAL THRISSUR EXHIBIT P1(O). A TRUE PHOTOCOPY OF THE DISABILITY CERTIFICATE DATED 23/12/2010 IN RESPECT OF THE 16TH PETITIONER ISSUED BY THE MEDICAL BOARD ATTACHED TO THE THALUK HEAD QUARTERS HOSPITAL, THODUPUZHA.
EXHIBIT P2. A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER NO.EB3/100/96 DATED 17/10/1996 IN RESPECT OF THE 1ST PETITIONER ISSUED BY THE 2ND RESPONDENT EXHIBIT P2(A). A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER NO.EB3/108/420/98 DATED 1/8/1998 IN RESPECT OF THE 2ND PETITIONER ISSUED BY THE 2ND RESPONDENT EXHIBIT P2(B). A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER NO.EB3/19/PH/2002 DATED 22.3.2003 IN RESPECT OF THE 3RD PETITIONER ISSUED BY THE 2ND RESPONDENT EXHIBIT P2(C). A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER NO.EB3/4/PH/2002 DATED 22/2/2003 IN RESPECT OF THE 4TH PETITIONER ISSUED BY THE 2ND RESPONDENT EXHIBIT P2(D). A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER NO.EB3/28/PH/2002 DATED 2/4/2003 IN RESPECT OF THE 5TH PETITIONER ISSUED BY THE 2ND RESPONDENT EXHIBIT P2(E). A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER NO.EB3/1/PH/2002 DATED22/2/2003 IN RESPECT OF THE 6TH PETITIONER ISSUED BY THE 2ND RESPONDENT EXHIBIT P2(F). A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER NO.EB3/11/PH/2002 DATED 22/2/2003 IN RESPECT OF THE 7TH PETITIONER ISSUED BY THE 2ND RESPONDENT EXHIBIT P2(G). A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER NO.EB3/20/PH/2002 DATED 22/2/2003 IN RESPECT OF THE 8TH PETITIONER ISSUED BY THE 2ND RESPONDENT EXHIBIT P2(H). A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER NO.EB3/5/PH/2002 DATED 22/2/2003 IN RESPECT OF THE WP(C).No.576 OF 2018 12 9TH PETITIONER ISSUED BY THE 2ND RESPONDENT EXHIBIT P2(I). A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER NO.EB5/FCA/PH/2002 DATED 2/2003 IN RESPECT OF THE 10TH PETITIONER ISSUED BY THE 2ND RESPONDENT EXHIBIT P2(J). A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER NO.EB3/26/PH/2002 DATED 2/4/2002 IN RESPECT OF THE 11TH PETITIONER ISSUED BY THE 2ND RESPONDENT EXHIBIT P2(K). A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER NO.EB3/3/PH/2002 DATED 22/2/2003 IN RESPECT OF THE 12TH PETITIONER ISSUED BY THE 2ND RESPONDENT EXHIBIT P2(L). A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER NO.EB3/108/73/151/2006 DATED 5/11/2006 IN RESPECT OF THE 13TH PETITIONER ISSUED BY THE 2ND RESPONDENT EXHIBIT P2(M). A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER NO.EB2/712/2000/5608 DATED 23/9/2000 IN RESPECT OF THE 14TH PETITIONER ISSUED BY THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KOZHIKODE. EXHIBIT P2(N). A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER NO.EB2/14/PH/2002 DATED 22/2/2003 IN RESPECT OF THE 15TH PETITIONER ISSUED BY THE 2ND RESPONDENT EXHIBIT P2(O). A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER NO.EB3/108/73/163/06 DATED 5/12/2006 IN RESPECT OF THE 16TH PETITIONER ISSUED BY THE 2ND RESPONDENT EXHIBIT P3. A TRUE PHOTOCOPY OF THE BOARD ORDER DATED 19/3/2007 TOGETHER WITH THE RELEVANT PORTION OF THE LONG TERM SETTLEMENT DATED 28/2/2007.
EXHIBIT P4. A TRUE PHOTOCOPY OF THE BOARD ORDER DATED 12/5/2010.
EXHIBIT P5. A TRUE PHOTOCOPY OF THE JUDGMENT DATED 22/11/2016 IN WPC NO. 23104/2016.
EXHIBIT P6. A TRUE PHOTOCOPY OF THE JUDGMENT DATED 15/6/2017 IN WA NO.388/2017.
EXHIBIT P7. A TRUE PHOTOCOPY OF THE ORDER NO.ENDT.ON EB 3(A)/SS/PH/PRO/2010 DATED 15/6/2010 ISSUED BY THE 2ND RESPONDENT EXHIBIT P8. A TRUE PHOTOCOPY OF THE LETTER DATED 30/11/2017 TOGETHER WITH THE SENIORITY LIST OF SENIOR ASSISTANTS WITH LOCOMOTOR DISABILITY, LOW VISION AND HEARING DISABILITY ISSUED BY THE 2ND RESPONDENT EXHIBIT P8(A). A TRUE PHOTOCOPY OF THE ORDER DATED 13/12/2017 PROMOTING SRI.AJITH C.V. AS SENIOR SUPERINTENDENT. EXHIBIT P9. A TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE SENIORITY LIST OF SENIOR SUPERINTENDENTS WHO GOT PROMOTION FROM SENIOR ASSISTANT FOR THE PERIOD FROM 14/3/1996 TO 25/9/2001.
WP(C).No.576 OF 2018 13 EXHIBIT P10. A TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE SENIORITY LIST OF SENIOR SUPERINTENDENTS WHO GOT PROMOTION FROM SENIOR ASSISTANT FOR THE PERIOD FROM 29/4/2003 TO 15/3/2010.
EXHIBIT P11. A TRUE PHOTOCOPY OF THE PROMOTION ORDER DATED 23/11/2011.
EXHIBIT P12. A TRUE PHOTOCOPY OF THE PROMOTION ORDER DATED 28/2/2011 EXHIBIT P13. A TRUE PHOTOCOPY OF THE PROMOTION ORDER DATED 5/2/2013.
EXHIBIT P14. A TRUE PHOTOCOPY OF THE PROMOTION ORDER DATED 17/6/2014.
EXHIBIT P15. A TRUE PHOTOCOPY OF THE PROMOTION ORDER DATED 16/9/2014.
EXHIBIT P16. A TRUE PHOTOCOPY OF THE PROMOTION ORDER DATED 18/2/2014.
EXHIBIT P17. A TRUE PHOTOCOPY OF THE PROMOTION ORDER DATED 7/10/2014.
EXHIBIT P18. A TRUE PHOTOCOPY OF THE PROMOTION ORDER DATED 9/9/2015.
EXHIBIT P19. A TRUE PHOTOCOPY OF THE PROMOTION ORDER DATED 9/3/2015.
EXHIBIT P20. A TRUE PHOTOCOPY OF THE PROMOTION ORDER DATED 23/4/2015.
EXHIBIT P21. A TRUE PHOTOCOPY OF THE PROMOTION ORDER DATED 24/8/2015 EXHIBIT P22. A TRUE PHOTOCOPY OF THE PROMOTION ORDER DATED 2/3/2016 EXHIBIT P23. A TRUE PHOTOCOPY OF THE PROMOTION ORDER DATED 28/5/2016 EXHIBIT P24. A TRUE PHOTOCOPY OF THE PROMOTION ORDER DATED 3/8/2016.
EXHIBIT P25. A TRUE PHOTOCOPY OF THE PROMOTION ORDER DATED 11/1/2017 EXHIBIT P26. A TRUE PHOTOCOPY OF THE PROMOTION ORDER DATED 7/2/2017 EXHIBIT P27. A TRUE PHOTOCOPY OF THE PROMOTION ORDER DATED 23/12/2017.
EXHIBIT P28 A TRUE PHOTOCOPY OF THE G.O.(P) 40/2011/SWD DATED 26-08-2011.
EXT.P29: TRUE PHOTOCOPY OF THE PROMOTION ORDER DT.26.3.18 ISSUED BY THE 2ND WP(C).No.576 OF 2018 14 RESPONDENT EXT.P30: TRUE PHOTO COPY OF THE PROMOTION ORDER DT.16.8.18 PROMOTING 136 SENIOR ASSISTANT AS SENIOR SUPERINTENDENTS ISSUED BY THE 2ND RESPONDENT EXT.P31: TRUE PHOTO COPY OF THE PROMOTION ORDER DT.5.3.20 PROMOTING 33 SENIOR ASSISTANTS AS SENIOR SUPERINTENDENTS ISSUED BY THE 2ND RESPONDENT