Kerala High Court
Kerala State Electricity Board - Kseb vs Kn Chandramohan on 15 July, 2021
Author: Alexander Thomas
Bench: Alexander Thomas
WA No.891/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Thursday, the 15th day of July 2021 / 24th Ashadha, 1943
WA NO. 891 OF 2021
AGAINST JUDGMENT DATED 21.01.2021 IN WP(C) NO. 18877/2011 OF THIS COURT.
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APPELLANTS/RESPONDENTS 1 & 2:
1.KERALA STATE ELECTRICITY BOARD LTD.,
REPRESENTED BY ITS SECRETARY,VIDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM-695 004.
2.CHIEF ENGINEER(HRM), KERALA STATE ELECTRICITY BOARD LTD., VIDYUTHI
BHAVANAM,PATTOM, THIRUVANANTHAPURAM-695 004.
BY SRI.RAJU JOSEPH, SENIOR ADVOCATE ALONG WITH
ADV.SRI.JOSEPH ANTONY C.
RESPONDENT/PETITIONER IN WPC:
1.K.N. CHANDRAMOHAN, ASSISTANT ENGINEER, ELECTRICAL SECTION,KSEB,ADOOR,
PATHANAMTHITTA DISTRICT-691 523. *ADDL, R2 IMPLEADED
ADDL.R2:STATE OF KERALA.
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT IN THE POWER
DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM.
IS SUO MOTO IMPLEADED AS ADDL.R2 AS PER ORDER DATED 15/07/2021 IN WA
891/2021.
This Writ Appeal coming on orders on 15.07.2021 upon perusing the
appeal memorandum, the Court on the same day passed the following:
P.T.O.
WA No.891/2021 2/5
EXT.P1: TRUE COPY OF THE ORDER DATED 16/12/1999.
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WA No.891/2021 3/5
ALEXANDER THOMAS & A. BADHARUDEEN, JJ.
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Writ Appeal No.891/2021
(Arising out of the judgment in W.P.(C)No.18877 of 2011 dated 21.01.2021)
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Dated this the 15th day of July, 2021
ORDER
Issue notice to R1 by speed post returnable in two weeks. Appellants' Counsel is also permitted to serve notice on R1 through Smt.Gayathri Potti, learned Advocate who has appeared for that party at the writ petition stage and produce memo to show service of notice. In the meanwhile, it is ordered that operation and enforcement of impugned judgment dated 21.10.2020 rendered by the learned Single Judge in W.P.(C)No.18877/2012 will stand stayed. This order will be in operation for a period of one month.
2. In the impugned judgment, reliance has been placed on KSEB Board Letter No.C11/4940/1982 dated 15.6.1982 referred to in Para 2 of Ext.P1 Board Letter to hold that service in a cadre or scale of pay will count for grade promotion if it counts for weightage pension and increments in that cadre/scale of pay and that as provisions for temporary service is counted for pension and increments, the same should also liable for being counted for grade promotion, etc.
3. Learned Senior Counsel appearing for the KSEB would WA No.891/2021 4/5 Writ Appeal No.891/2021 2 urge that the above said Board Letter dated 15.6.1982 referred to in Ext.P1 is not even traceable now and is not being followed in the Board and that consistent stand of the Board is that though temporary/provisional service may qualify for reckoning for the purpose the pension and increments, the same cannot be counted for the purpose of grade promotion.
4. We wanted to know the stand of the State Government in this issue as to whether temporary/provisional service is counted for the purpose of grade promotion in Government service. Since Government is not a party, we had requested the appellant Board to implead the State of Kerala. The learned Senior Counsel for the Appellant Board would submit that to obviate any further delay this Court may suo moto implead the State of Kerala and that steps may be taken to ensure that notice on this appeal is duly served on the learned Senior Government Pleader. Accordingly, it is ordered that "State of Kerala, represented by the Principal Secretary to Government in the Power Department, Government Secretariat, Thiruvananthapuram" will stand suo motu impleaded as additional respondent No.2 in this writ appeal. The Registry to make necessary changes in the cause title. The appellants will serve two WA No.891/2021 5/5 Writ Appeal No.891/2021 3 additional memorandum of this writ appeal to the learned Senior Government Pleader, who will get instructions from the competent authority of the State Government as to whether provisional/ temporary service is counted for the purpose of higher grade in Government service.
List this case on 10.8.2021.
H/O. Sd/ ALEXANDER THOMAS, JUDGE sd/ A. BADHARUDEEN, JUDGE jm/ 15-07-2021 /True Copy/ Assistant Registrar