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Kerala High Court

Sibichan Thomas vs The Kerala State Electricity Boardm ... on 2 June, 2025

W.P(C) 36275/2017             1           2025:KER:38199

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

   MONDAY, THE 2ND DAY OF JUNE 2025 / 12TH JYAISHTA, 1947

                    WP(C) NO. 36275 OF 2017

PETITIONER/S:


    1     SIBICHAN THOMAS
          SUB ENGINEER (ELE.), KERALA STATE ELECTRICITY
          BOARD, ELECTRICAL SUB DIVISION, CHANGANACHERY,
          KOTTAYAM DISTRICT.PIN-686101

    2     SEBASTIAN JOSEPH
          SUB ENGINEER (ELE.), KERALA STATE ELECTRICITY
          BOARD, ELECTRICAL SECTION, THIRUVALLA.PIN-689101

    3     K.P.SUNIL KUMAR
          SUB ENGINEER (ELE.), KERALA STATE ELECTRICITY
          BOARD,ELECTRICAL SECTION, PALA, KOTTAYAM.
          PIN-686575

    4     E.C.SURESH
          SUB ENGINEER (ELE.), KERALA STATE ELECTRICITY
          BOARD,ELECTRICAL SECTION,KALLISSERRY.PIN-689124

    5     PRASANNAN P.
          SUB ENGINEER (ELE.), KERALA STATE ELECTRICITY
          BOARD,ELECTRICAL SECTION, MANAPPALLY.PIN-690574

    6     MADHU M.N.
          SUB ENGINEER (ELE.), KERALA STATE ELECTRICITY
          BOARD,ELECTRICAL SECTION, THIRUVALLA.
          PIN-689101

    7     JAYAKUMAR G.
          SUB ENGINEER (ELE.), KERALA STATE ELECTRICITY
          BOARD,ELECTRICAL SECTION, ERATTUPETTA.
          PIN-686121
 W.P(C) 36275/2017            2           2025:KER:38199




    8     SABU JOSEPH
          SUB ENGINEER (ELE.), KERALA STATE ELECTRICITY
          BOARD,ELECTRICAL SECTION, THODUPUZHA.PIN-685534

    9     SAJI JOSEPH
          SUB ENGINEER (ELE.), KERALA STATE ELECTRICITY
          BOARD,110KV SUB STATION, CHENGANNUR.PIN-689121

    10    SREEJI B.
          SUB ENGINEER (ELE.), KERALA STATE ELECTRICITY
          BOARD,ELECTRICAL SECTION, KOLLAKADAVIL.PIN-690509

    11    N.A.NOUFAL
          SUB ENGINEER (ELE.), KERALA STATE ELECTRICITY
          BOARD,ELECTRICAL SECTION, PATTIMATTOM, ELECTRICAL
          DIVISION, PERUMBAVOOR.PIN-683542

    12    ROY GEORGE
          SUB ENGINEER (ELE.), KERALA STATE ELECTRICITY
          BOARD,ELECTRICAL SUB DIVISION,EZHAMKULAM.PIN-
          691554

    13    PUSHPARAJAN T.C.
          SUB ENGINEER (ELE.), KERALA STATE ELECTRICITY
          BOARD,ELECTRICAL SECTION, AZHIKODE, P.O.AZHIKODE,
          KANNUR DISTRICT.PIN-670009


          BY ADVS.
          SHRI.KALEESWARAM RAJ
          SMT.A.ARUNA
          KUM.THULASI K. RAJ




RESPONDENT/S:

    1     THE KERALA STATE ELECTRICITY BOARD, LIMITED
          REPRESENTED BY ITS MANAGING DIRECTOR, KERALA STATE
          ELECTRICITY BOARD, VAIDHYUTHI BHAVANAM, PATTOM,
          THIRUVANANTHAPURAM-695004.
 W.P(C) 36275/2017            3           2025:KER:38199



    2     THE CHIEF ENGINEER HRM
          THE KERALA STATE ELECTRICITY BOARD LIMITED,
          VAIDHYUTHI BHAVANAM, PATTOM,THIRUVANANTHAPURAM-
          695004.



    3     ADDL: R3 TO R139
          ANTONY V.A.,
          SUB ENGINEER(ELE) KSEB LTD., ELECTRICAL SECTION,
          AMMADAM, TRISSUR-680 563

    4     SARAVANAN R
          SUB ENGINEER, KSEB LTD., 110 KV SUB STATION,
          EZHIMALA, KANNUR-670 310

    5     SANTHOSH K
          SUB ENGINEER, KSEB LTD., 110 KV SUB STATION,
          MANJESWARAM, KASSARGOD-671 323

    6     SUNIL KUMAR A
          SUB ENGINEER (ELE) KSEB LTD., 110 KV SUB STATION,
          TALASERY, KANNUR-670 101

    7     KUNJIRAMAN K
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          RAJAPURAM, KASARGOD-671 532

    8     SHAJAHAN E
          SUB ENGINEER (ELE), KSEB LTD., 110 KV SUB STATION,
          PINARAYI, KANNUR-670 741

    9     MATHEW ABRAHAM
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          PERLA, KASARGOD - 671 552

    10    SURESH KUMAR S
          SUB ENGINEER (ELE) KSEB LTD., ELECTRICAL SECTION,
          SEETHANGOLI, KASARGOD-671 321

    11    OMANAKUTTAN P.K.
          SUB ENGINEER (ELE) KSEB LTD., ELECTRICAL SECTION,
          KUTTIKOLE, KASSARGOD-671 541
 W.P(C) 36275/2017            4           2025:KER:38199



    12    JAYAN V.R.
          SUB ENGINEER (ELE) KSEB LTD., 110 KV SUB STATION,
          JUBANOOR, KASARGOD-671 332

    13    SIVAPRASAD K.V.
          SUB ENGINEER (ELE) KSEB LTD., ELECTRICAL SECTION,
          UDUMA, KASARGOD-671 319

    14    ANILKUMAR M
          SUB ENGINEER (ELE) KSEB LTD.,SUB REGIONAL STORE,
          THIRUVANANTHAPURAM, URBAN 695001

    15    MARKOSE CK
          SUB ENGINEER (ELE) KSEB LTD., ELECTRICAL SECTION,
          MEENADAM, KOTTAYAM-686 516

    16    HARIDAS KA
          SUB ENGINEER (ELE) KSEB LTD., ELECTRICAL SECTION,
          MANJESWARA, KASARGOD-671 323

    17    MURALEEDARAN NAIR O S
          SUB ENGINEER (ELE) KSEB LTD., ELECTRICAL SECTION,
          MANARCADU, KOTTAYAM-686 019

    18    ASHOKAN NAIR K R
          SUB ENGINEER (ELE) KSEB LTD., ELECTRICAL SECTION,
          NELLIKUNNU, KASARGOD-671 123

    19    WILFRED A
          SUB ENGINEER (ELE) KSEB LTD., 110 KV SUB STATION,
          MUNDAYAD, KANNUR-670 594

    20    AJAYAKUMARAN NAIR K
          SUB ENGINEER (ELE) KSEB LTD., ELECTRICAL SECTION,
          POONTHURA, THIRUVANANTHAPURAM-695 026

    21    SURESH BABU T K
          SUB ENGINEER (ELE) KSEB LTD., ELECTRICAL SECTION,
          MANJESWARAM, KASARGOD-671 323

    22    XAVIER T D
          SUB ENGINEER (ELE) KSEB LTD., ELECTRICAL SECTION,
          MARANGATTUPILLY, KOTTAYAM-686 635
 W.P(C) 36275/2017            5           2025:KER:38199



    23    ABRAHAM VARGHESE
          SUB ENGINEER (ELE) KSEB LTD., ELECTRICAL SECTION,
          SEETHANGOLI, KASARGOD-671 321

    24    SATHYAKUMAR W
          SUB ENGINEER (ELE) KSEB LTD., ELECTRICAL SECTION,
          POZHIKUNNU, THIRUVANANTHAPURAM-695 019

    25    MANIKUTTAN S
          SUB ENGINEER (ELE) KSEB LTD., ELECTRICAL SECTION,
          UPPALA, KASSARGOD-671 322

    26    DILEEP KUMAR P P
          SUB ENGINEER (ELE) KSEB LTD., ELECTRICAL SECTION,
          VARKADY, KASARGOD-671 323

    27    RAJAPPAN PILLAI V C
          SUB ENGINEER (ELE) KSEB LTD., ELECTRICAL SECTION,
          PAIVALIKA, KASARGOD-671 348

    28    KURIAKOSE K M
          SUB ENGINEER (ELE) KSEB LTD., ELECTRICAL SECTION,
          KUMBALA, KASARGOD-671 531

    29    CHERIAN JOSEPH
          SUB ENGINEER (ELE) KSEB LTD.,110KV SUB STATION,
          MULLERIYA, KASARGOD-671 543

    30    VINOD KUMAR P S
          SUB ENGINEER (ELE) KSEB LTD., BREMAPURAM DIESAL
          POWER PLANT, ERNAKULAM-682 001

    31    SASEENDRAN PG
          SUB ENGINEER (ELE) KSEB LTD., ELECTRICAL SECTION,
          VAZHOOR, KOTTAYAM-686 504

    32    AUJUSTIN AJ
          SUB ENGINEER (ELE) KSEB LTD., ELECTRICAL SECTION,
          KOLACHERY, KANNUR-670 601

    33    SALIM KG
          SUB ENGINEER (ELE) KSEB LTD., 110 KV SUB STATION,
          KASARGOD-671 121
 W.P(C) 36275/2017            6           2025:KER:38199



    34    SIVAPRASAD R
          SUB ENGINEER (ELE) KSEB LTD., ELECTRICAL SECTION,
          KEERAMPARA, ERNAKULAM-686 681

    35    SURESH KUMAR B
          SUB ENGINEER (ELE) KSEB LTD., ELECTRICAL SECTION,
          MANGALAPURAM, THIRUVANANTHAPURAM-695 317

    36    PRATHEEP KUMAR V
          SUB ENGINEER (ELE) KSEB LTD., ELECTRICAL SECTION,
          POTHENKODE, THIRUVANANTHAPURAM-695 584

    37    SHAJI R
          SUB ENGINEER (ELE) KSEB LTD., ELECTRICAL SECTION,
          BEACH-THIRUVANANTHAPURAM-695 001

    38    UTHAMAN K
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          KUDUVAYOOR, PALAKKAD-678 501

    39    AJITH KUMAR T.K.
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          BEYPORE, KOZHIKODE-673 015

    40    THOMAS M V
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          CHEMPU, KOTTAYAM-686 608

    41    ANIL KUMAR V
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          KULAKKADA, KOLLAM, 691 521

    42    EAPPEN PP
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          MANARCADU, KOTTAYAM-686 019

    43    JYAPAL G
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          PALA, KOTTAYAM-686 575

    44    SUDHEER KUMAR T R
          SUB ENGINEER (ELE), KSEB LTD., LINE MAINTENANCE
          SECTION, PATHANAMTHITTA-689 645
 W.P(C) 36275/2017            7           2025:KER:38199



    45    SHAJI K L
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          KURUPPANTHARA, KOTTAYAM-686 603

    46    BIJU V KUMAR
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          RANNY-PERUNAD, PATHANAMTHITTA-689 711

    47    PEARSON N CHACKO
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          NATTAKOM, KOTTAYAM-686 013

    48    SUNIL G
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          KAMBILIKANDOM, IDUKKI-685 604

    49    SREEKUMAR K N
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          PATHANADU, KOTTAYAM-686 541

    50    MUHAMMED MUSTAFA RAWTHER M
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          KUMBAZHA, PATHANAMTHITTA-689 653

    51    CHACKO K K
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          KATTAPPANA, IDUKKI-685 508

    52    BADARUDEEN S
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          PALODE, THIRUVANANTHAPURAM-695 562

    53    SHAJI P K
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          AYAMANAM, KOTTAYAM-686 015

    54    SHAJI V C
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          MUNDAKKAYAM, KOTTAYAM-686 513

    55    SURESH KUMAR S V
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          PERUVA, KOTTYAM-686 610
 W.P(C) 36275/2017            8           2025:KER:38199



    56    ROY MATHEW
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          PERUVANTHANAM, IDUKKI-685 532

    57    BABU B
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          MANARCADU, KOTTAYAM-686 019

    58    SURESH R
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          AYROOR, PATHANAMTHITTA-689 612

    59    SREEKUMAR C
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          MANAPALLY, KOLLAM-690 574

    60    RAMAKRISHNA PILLAI S
          SUB ENGINEER (ELE), KSEB LTD.,110 KV SUB STATION,
          CHENGANNUR, ALAPPUZHA-689 121

    61    VJAYAN UNNITHAN K
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          KALLAMBALAM, THIRUVANANTHAPURAM-695 605

    62    AJITH KUMAR K
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          PUTHOOR, KOLLAM-691 507

    63    SUKUMARANANDANAN S
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          PALLICKAL, ALAPPUZHA-690 503

    64    UNNIKRISHNAN C
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          PONNANI, MALAPPURAM-679 577

    65    RAMANATHAN P
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          THIRUVALLA, PATHANAMTHITTA-689 101

    66    JOSE T T
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          VELANTHAVALAM, PALAKKAD-678 557
 W.P(C) 36275/2017            9           2025:KER:38199



    67    SUNIL KUMAR K M
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          THIRUVANIYOOR, ERNAKULAM-682 308

    68    STEPHEN T O
          SUB ENGINEER (ELE), KSEB LTD., 110 KV SUB STATION,
          PERUMBAVVOR, ERNAKULAM-683 542

    69    ELDHO P.U
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          MARAYUR, IDUKKI-685 620

    70    TERENCE THOMAS V.G.
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          CHOTTANIKKARA, ERNAKULAM-682 312

    71    SYMENSON PATRIC BIVERA
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          MUTHALAMAD, PALAKKAD-678 507

    72    SHAJI MS
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          TRIPUNITHURA, ERNAKULAM-682 301

    73    AJAI DEV KS
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          VAIKOM, KOTTAYAM-686 141

    74    ABDUL SALAM NB
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          UPPALA, KASARGOD-671 322

    75    SURESH K
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          MARUTHA, MALAPPURAM-679 333

    76    PRAKASH CK
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          EDATHALA, ERNAKULAM-683 561

    77    ELDO PAUL
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          PATTIMATTOM, ERNAKULAM-683 562
 W.P(C) 36275/2017            10          2025:KER:38199



    78    REMESAN KP
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL
          DIVISION,NORTH PARAVUR, ERNAKULAM-683 513

    79    SHAJE VARKEY C
          SUB ENGINEER(ELE) KSEB LTD., ELECTRICAL SECTION,
          NELLIMPATHY, PALAKKAD-678 508

    80    SAJU KJ
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          MYLATTI, PALAKKAD-671 319

    81    BABU JOHN
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          EDOOR, KANNUR-670 704

    82    ANIL KUMAR V
          SUB ENGINEER (ELE), KSEB LTD., 66KV GIS, FORT
          KOCHI, ERNAKULAM-682 001

    83    SAJEEVAN KV
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          CHITTARI, KASARGOD-671 316

    84    JAYAKUMAR KG
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          VALLIKUNNU, MALAPPURAM-673 314

    85    JOHNSON PA
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          SULTHANPET, PALAKKAD-678 001

    86    SIVAPRASAD.T.K
          SUB ENGINEER(ELE) KSEB LTD., ELECTRICAL SECTION,
          MUTHALAMADA, PALAKKAD-678 507

    87    RAVIKUMAR M A
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          KALAMASSERY, ERNAKULAM-683 104

    88    SAJEEV NP
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          ERNAKULAM CENTRAL-682 011
 W.P(C) 36275/2017            11          2025:KER:38199



    89    JOSEPH CR
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          CHERPLASSERY, PALAKKAD-679 503

    90    BAICIL VP
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          KOTHAKKURUSSI, PALAKKAD-679 552

    91    NAZIR KH
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          ALUVA NORTH, ERNAKULAM-683 101

    92    VIJI GEORGE
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          MUTHUTHALA, PALAKKAD-679 303

    93    TITUS GEORGE C
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          KOZHINJAMPARA, PALAKKAD-678 555

    94    VOLTER XAVIER
          SUB ENGINEER (ELE), KSEB LTD., SUB REGIONAL STORE,
          SHORANUR, PALAKKAD-679 121

    95    SAJEEV KUMAR VR
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          PERINGOTTUKURISSI, PALAKKAD-678 631

    96    VARGHESE MJ
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          PERINGOTTUKURISSI, PALAKKAD-678 631

    97    JOSEPH NX
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          AMMADAM, THRISSUR-680 563

    98    BABU RAJ K
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          NALLOMPUZHA, KASARGOD-670 511

    99    CHANDRAN PS
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          VYPIN, ERNAKULAM-682 508
 W.P(C) 36275/2017            12          2025:KER:38199



   100    PRABHAKARAN K
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          IRIKKUR, KANNUR-670 593

   101    ELDHO CP
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          VAZHAKKULAM, ERNAKULAM-686 670

   102    MOHANAN CG
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          KALANJOOR, PATHANAMTHITTA-689 694

   103    DAMODHARAN KUNDATHIL
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          AZHEEKODE, KANNUR-670 009

   104    AJEESH KUMAR B
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          KALLISSERY, ALAPPUZHA-689 124

   105    MAHESH KP
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          ALANGAD, ERNAKULAM-683 511

   106    ISMAIL MA
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          SREEKANDAPURAM, KANNUR-670 631

   107    MANOHARN PK
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          KELAKAM, KANNUR-670 674

   108    SUBAIR S
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          ARIMBOOR, TRICHUR-680 012

   109    JOSEPH CM
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          PAYYAVUR, KANNUR-670 633

   110    SURENDRAN MT
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          KAKKAD, MALAPPURAM-676 306
 W.P(C) 36275/2017            13          2025:KER:38199



   111    SUNDARA RAJ K
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          UDIYANKULANGARA, TRIVANDRUM-695 122

   112    DASAN T
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          NELLIKUNNU, THRISSUR-680 005

   113    BENNY KJ
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          MALLAPALY-689 585

   114    JOSHI JOSEPH
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          ULIKKAL, KANNUR-670 705

   115    STEPHEN PT
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          KANDANAKAM, MALAPPURAM-679 576

   116    POLACHAN MI
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          KOLLENGODE, PALAKKAD-678 506

   117    MAHENDRARAJ KS
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          MATTANNUR, KANNUR-670 702

   118    ANIL KUMAR K
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          THIRUVALLA, PATHANAMTHITTA-689 101
   119    FIROSE S
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          SOORANADU, KOLLAM-690 522

   120    RADHAKRISHNAN P
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          VANNAPPURAM, IDUKKI-685 607

   121    ANTONY XAVIER
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          ERATTUPETTA, KOTTAYAM-686 121
 W.P(C) 36275/2017            14          2025:KER:38199

   122    JAYAKUMAR J
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          KOPPAM, PALAKKAD-679 307

   123    SREEKUMAR RS
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SUB
          DIVISION, ALATHIYOOR, MALAPPURAM-676 102

   124    RAGHAVAN PV,
          SUB ENGINEER (ELE), KSEB LTD.,
          ELECTRICAL SECTION, CHEMPERI, KANNUR-670 632

   125    RAJEEV C, SUB ENGINEER (ELE), KSEB LTD.,
          ELECTRICAL SECTION, KOOTTUPATHA, PALAKKAD-678 007

   126    PUSHPARAJAN P K,SUB ENGINEER (ELE), KSEB LTD.,
          ELECTRICAL SECTION, KUNNUKARA, ERNAKULAM-683 578

   127    UNNIKRISHNAN K
          SUB ENGINEER (ELE), KSEB LTD., 110 KV SUB STATION,
          MANGAD, CALICUT-673 574

   128    ANIL KUMAR N
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          KOZHENCHERRY, PATHANAMTHITTA-689 641

   129    SAJU V OOMMEN
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          KOLLAKADAVU, ALLEPPEY-690 509

   130    PADMANABHAN KT
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          TALIPARAMBA, KANNUR-670 141

   131    MANOHARAN PV
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          CHAPPARAPPADAVU, KANNUR-670 581

   132    JAYAN MP
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
          BIG BAZAR

   133    OMANAKUTTAN AR
          SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
 W.P(C) 36275/2017                 15         2025:KER:38199

           MALAMPUZHA, PALAKKAD-678 651

     134   BALAKRISHNAN KC
           SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
           VADAKARA NORTH, CALICUT-673 101

     135   PAVITHRAN UPPUPARAMBAN
           SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
           VALLITHODE, KANNUR-670 706

     136   MURALEEDHARAN TP
           SUB ENGINEER (ELE),
           KSEB LTD., ELECTRICAL SECTION,
           IRITTY, KANNUR - 670 703

     137   ANIL KUMAR K
           SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
           VAIPUR, PATHANAMTHITTA-689 588

     138   AJAYAKUMAR P
           SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
           AZHIYOOR, KOZHIKODE-673 309

     139   KURIAKOSE C.C,
           SUB ENGINEER (ELE), KSEB LTD., ELECTRICAL SECTION,
           AREEKKAD, KOZHIKODE-673 018

           (RESPONDENTS 3 TO 139 ARE IMPLEADED AS ADDITIONAL
           RESPONDENTS VIDE ORDER DATED 2.6.2025 ON I.A. 9668
           OF 2018 IN W.P(C) 36275 OF 2017)


           BY ADVS.
           SMT.ANEETHA A.G., SC, KERALA STATE ELECTRICITY
           BOARD LIMITED
           SRI.K.S.ANIL
           SHRI.P.M.PAREETH



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   17.03.2025,    THE   COURT   ON   02.06.2025   DELIVERED   THE
FOLLOWING:
 W.P(C) 36275/2017                                   16                          2025:KER:38199

                                 MOHAMMED NIAS C.P., J.
                        ......................................................
                                  W.P(C) No.36275 of 2017
                         .............................................................
                           Dated this the 2nd day of June, 2025


                                              JUDGMENT

The petitioners are Sub-Engineers in various stations under the Kerala State Electricity Board Limited (KSEB). They initially joined as electricity workers (Mazdoor) or Junior Line Assistants and were later promoted to Overseer (Electrical), which is the feeder category for Sub- Engineer positions. According to Ext.P1 Board Order dated 23.01.1981, appointment to the Sub-Engineer post is based on a 40:60 ratio between direct recruitment and promotion among 2nd Grade Overseers. The Grade I Overseer post was subsequently redesignated as Sub-Engineer (Electrical), with a 10% quota allocated for promotions from Overseer (Electrical) to Sub-Engineer (Electrical).

2. The qualification prescribed for the said post, as shown in Ext.P1, is:

"Qualification General:
S.S.L.C. or its equivalent.
Technical:
1) Certificate in Electrical Engineering obtained after passing an W.P(C) 36275/2017 17 2025:KER:38199 examination conducted by a competent authority after having undergoing a course of study of not less than 2 years from Technical School or a Technical Training Centre or an institution recognised for the purpose by Government and with not less than five years of service as Lineman/Second Grade Overseer (Ele.) under the Board.

OR

2) Certificate obtained after having passed an examination conducted by the competent authority in the Trade of Lineman/Wireman/Electrician after an 18-month course in ITI and six months in plant training and with not less than five years of service as Lineman/Second Grade Overseer (Elec) under the Board.

OR

3) MGTE/KGTE group certificate in Electrical Engineering covering subjects viz.

a. Electric Light & Power (Higher) b. Applied Mechanics (L) c. Heat Engineers (L) d. Machine drawing (L) and with not less than five years of service as Lineman/Second Grade Overseer (Elec) under the Board.

3. The petitioners have completed five years in the post of Overseer and thus they were eligible for promotion to the post of Sub Engineer (Electrical) and they have obtained technical certificates in Lineman/Wireman/Electrician etc from the technical school as prescribed W.P(C) 36275/2017 18 2025:KER:38199 in the Order as sufficient for promoting to the post of Sub Engineer (Electrical). The petitioners were promoted as Sub Engineers on 9.2.2011 under the 10% quota. Their promotions were challenged in W.P(C) No.29243 of 2011 and connected cases on the ground that they did not have the qualification prescribed in the Board Order dated 23.1.1981. The main objection was that even though the petitioners have certificates in the trade of Lineman/Wireman/Electrician after undergoing an 18-month course in the Industrial Training Institute, none of them had the six months' in plant training.

4. By Ext.P4 judgment, a learned single Judge of this Court disposed of the writ petitions directing to take a decision as to the qualification of the Overseers for promotion to the cadre of Sub Engineers within three months and it was ordered that impugned promotions challenged in those writ petitions would be subject to the decision of the Board, permitting continuance in the promoted post, while directing that further promotions shall be only after a decision was taken by the Board in respect of the qualification. The writ petitioners therein filed W.A.No.1004 of 2014 and connected cases. By Ext.P4 judgment, the Division Bench found that respondents 3 to 35 in those writ petitions were granted promotion without looking into their qualification and the judgment of the learned W.P(C) 36275/2017 19 2025:KER:38199 single Judge to the extent it directed the Board to consider the question of qualification and to retain the promotees was set aside. The petitioners and others herein thereafter filed R.P.No.1106 of 2015, which was dismissed with the following observations:

"We are of the view that merely for the reason that the judgment affects several persons, we should exercise the power of review. If any changes are to be made to the Board order dated 23.1.1981, it is for the Board to take a decision. However, as matters stand today, the Board has taken a decision to comply with the judgment. We only observe that the judgment shall not preclude the Board to take an appropriate decision in future."

5. In implementation of the judgment in writ appeal, the Board passed Ext.P7 order in compliance with the judgment. In the meanwhile, SLP(C) No.27325 of 2015 filed against the judgment in Writ Appeal was dismissed as per order dated 28.9.2015. Thereafter, the Chief Engineer issued order dated 17.3.2016 cancelling the promotion order granted on 9.2.2011, resulting in the reversion of the petitioners, which was again challenged in W.P(C) No.13308 of 2016, wherein a stay of reversion was initially granted. However, subsequently noticing that the impugned order was passed in implementation of the judgment, the stay granted was W.P(C) 36275/2017 20 2025:KER:38199 vacated, which was unsuccessfully challenged in W.A.No.1794 of 2016, wherein the division bench by judgment dated 13.12.2016 held that the impugned orders were passed in implementation of the judgment in the earlier writ appeal. The petitioners were again promoted and thereafter reverted, which was again challenged by filing W.P(C) No. 859/2017. W.P(C) Nos. 859/2017, 13308/2016 and 2172/2017, which were dismissed by Ext.P9 judgment dated 1.2.2017. Thereafter, the Board issued orders modifying Ext.P1 on 30.3.2017 as Ext.P10, which reads as follows:

"Certificate from National Council for Vocational Training (NCVT) (both regular and private) in Electrician/Wireman/Electronics with 5 years service in the feeder category or Diploma in Electrical/Electronics and Communications with 5 years in the feeder category."

6. Consequent to Ext.P10, the petitioners were again promoted to the post of Sub Engineer as per order dated 31.3.2017, Ext.P11. While so, the petitioners were again reverted as per orders dated 7.11.2017 issued by the Chief Engineer (HRM), Ext.P12. Ext.P12 refers to an interim order dated 2.11.2017 issued by this Court in a Contempt of Court case filed by one Jayaraj. The petitioner contends that it was the stand of the Board then that no one was qualified as per Ext. P1 in the KSEB to be promoted to W.P(C) 36275/2017 21 2025:KER:38199 Sub-Engineer (Ele). It is stated that the Board thereafter issued an order on 16.11.2017 promoting the junior hands to the petitioner as Sub Engineer (Ele.) to the vacancies which arose before 25.3.2017, through Ext.P19 order.

7. The prayer in the writ petition is to quash Ext.P12 and also, Exts.P19 & P20, which, to the extent they promoted respondents 3 to 139 as Sub Engineer (Ele). There is also a prayer to promote the petitioners as Sub Engineer (Ele.) with retrospective effect ahead of the persons who are/were juniors to them in the cadre of Overseer (Electrical). There is also a prayer for a declaration that Ext.P1 is liable to be modified by giving it retrospective effect from 23.1.1981 and to modify Ext.P10 to the extent it operates only from 25.3.2017 and not from 23.1.1981.

8. KSEB filed a counter affidavit asserting that although the petitioners have 5 years of experience as Overseers (Elec.), they lack the qualifications required for promotion to Sub Engineer (Elec.) as specified in the 1981 Board Order (Exhibit P1). The order mandates that only those with a certificate from an Industrial Training Institute (ITI) following a minimum two-year course are eligible, while the petitioners possess NCVT certificates without ITI training. KSEB contended that the promotion order in Exhibit P2 was erroneous, as held in the earlier judgments W.P(C) 36275/2017 22 2025:KER:38199 following which the KSEB modified the 1981 order on 25.03.2017 to include qualifications of NCVT certificates (regular and private) in Electrical, Wireman, and Electronics, or a Diploma in Electrical/Electronics/Communication with 5 years of service in the feeder category. A seniority list based on qualifications per the 1981 order was prepared following a notification dated 17.03.2016, leading to the promotion of 35 qualified Overseers on 31.03.2017 and 18.04.2017. The respondents maintained that the 1981 order was applicable when preparing the select list, and KSEB retained the authority to amend qualifications, which was validated by the Court. However, the judgment dated 02.11.2017 in the Contempt of Court case directed promotion based on the 1981 order, resulting in the cancellation of the promotion orders issued in 2017.

9. A counter affidavit was filed by the 138 th respondent and others, the party respondents contending that the petitioners' claims mirror those rejected by the court in Exhibit P4. The respondents contended that the petitioners, who passed a trade test as private candidates (Exts. R138(b) and R138(c)), hold different qualifications from the respondents, who completed a recognised 24-month course (Exts.R138(d) and R138(e)). They emphasised the discrepancies in W.P(C) 36275/2017 23 2025:KER:38199 maximum marks--650 for the respondents versus 550 for the petitioners-- due to differences in sessional marks and training, and that the amendment in Ext.P10, effective from 25.03.2017, allows private candidates to fill vacancies arising only after that date. Ext.P11 promoted petitioners for vacancies before this date, which led to the reopening of Contempt Case No. 296/2016, resulting in the issuance of Exts. P12 and P19. The respondents claimed Exts. P12 and P19 are legal, and the petitioners cannot claim rights to vacancies before the effective date of the amendment. They argued that past promotions of unqualified overseers were set at naught by Exhibit P4 judgment and that the internal communication cannot be relied upon legally. Finally, they asserted that since the petitioners did not meet the eligibility criteria for promotion as Sub Engineers before the amendment date, they cannot seek the reversion of the promotions granted to them.

10. The learned counsel for the petitioners argued that the rigour of Ext.P4 judgment has diminished due to Ext.P5 review judgment dated 28.01.2016, supported by Exts.P6 and P7, which outline the reasons for reviewing the 1981 Board Order. They contended that since Ext.P10, issued on 30.03.2017, lacks retrospective effect, the intended modifications serve no useful purpose. Reliance was placed on the order dated 15.02.2018 in W.P(C) 36275/2017 24 2025:KER:38199 COC No.2243/2017 and in this writ petition, which allowed for a challenge against Ext.P10 regarding its non-retrospectivity. The petitioners argue that Ext.P8, issued on 29.11.2016, should not have been issued in light of Exts.P6 and P7, and that the petitioners who were promoted on 09.02.2011 continued for more than six years, entitling them to the application of the doctrine of sit back. The learned counsel asserted that Ext.P13 does not address the issues raised by Ext.P1, which does not recognise any equivalent qualifications. As regards Ext.P24, a Board order dated 26.06.2019, which equalises the petitioners' qualifications, it was argued that it should be applied retroactively to their promotion date of 09.02.2011, as it clarifies a pre-existing equivalency. Finally, the counsel claimed that the argument of misjoinder or non-joinder of parties is irrelevant, given the existing substantive representation of juniors affecting seniority.

11. Sri.Kaleeswaram Raj, also relied on the following judgments:

Sajeeve N.J. and Union of India and Ors. [2009 SCC OnLine Ker 6581], K.R.Mudgal and Ors. v. R.P.Singh and Ors. [(1986) 4 SCC 531], Union of India v. M.P. Singh [1990 (Supp) Supreme Court Cases 701], Mukul Kumar Tyagi v. State of Uttar Pradesh and Ors. [(2020) 4 SCC 86], Anoop M. and Ors. v. Gireeshkumar T.M. and Ors. [(2025) 1 SCC 729] & W.P(C) 36275/2017 25 2025:KER:38199 Ajay Kumar Shukla and Ors. v. Arvind Rai and Ors. [(2022) 12 SCC 579].

12. The learned Standing Counsel for the Board argued that although all petitioners had completed five years of service as Overseer (Electrical), they lacked the required qualifications under the 1981 Board Order. The party respondents successfully challenged the Promotions granted to the petitioners on 09.02.2011. The Board amended Ext.P1 on 31.03.2017 to include qualifications from NCVT for those with five years of service. Following this amendment, 35 Overseers (Electrical) were promoted, but the Division Bench in Cont. Case (C) No.296/2016 held that the amendments to the qualifications take effect from 25.03.2017, indicating that any prior vacancies must adhere to the 1981 Board Order. The learned Standing Counsel for the Board contended that despite all petitioners having five years of service as Overseer (Electrical), they did not meet the qualifications specified in the 1981 Board Order.

13. Sri. P.M. Pareeth, learned counsel for the party respondents, argued that only petitioners 1, 7, and 12 were initially promoted, and this promotion was challenged in W.P(C) No. 14111/2011 because it was granted without the requisite qualifications. He also claimed that Ext.P5 review judgment only allows petitioners to approach the Board with W.P(C) 36275/2017 26 2025:KER:38199 grievances and that Exts.P6 and P7 are merely internal communications without legal sanction until a final decision is made. Furthermore, it was posited that granting retrospectivity to Ext.P10 is unfeasible since none of the petitioners were in service as of 23.01.1981, the date of Ext.P1 Board Order. Awarding retrospective promotion from 1981 would necessitate revisiting all promotions between 23.01.1981 and 25.03.2017, impacting the accrued vested rights of others. Petitioners could only seek promotions for vacancies post-25.03.2017. Moreover, according to the Central Electricity Authority's Regulations, which took effect on 20.09.2010, engineers or supervisors must possess diplomas from recognised institutions, with exemptions only for employees in service as of 31.10.2013. Granting retrospective effect from 1981 would contradict these regulations. Lastly, counsel argued that Ext.P9 judgment addresses all contentions in the writ petition, except for the challenge against Ext.P10 issued after the previous judgments, asserting that the promotions upheld by the Court for the party respondents should remain undisturbed.

14. Sri.P.M.Pareeth, also relied on the following judgments: M/s. Sethi Auto Service Station and Anr. v. Delhi Development Authority and Ors. [2008 KHC 6968], Shajahan E. and Anr. v. Kerala State Electricity Board and Ors. [judgment dated 25.5.2011 in WP(C).No. W.P(C) 36275/2017 27 2025:KER:38199 14111/2011] and Mahadeo & Ors. v. Smt.Sovan Devi & Ors. [judgment dated 30.8.2022 in Civil Appeal No. 5876/2022].

15. After hearing the learned counsel appearing for both sides, the first question to be decided is whether the issue raised in this case, namely a challenge to the date on which the changes were made to the qualification for promotion or in other words claiming retrospectivity to Ext P10, stands covered by the earlier judgments of this Court between the parties, as affirmed by the Hon'ble Supreme Court. The relevant directions/observations in the earlier judgments are extracted hereunder:-

i. W.A. No. 1004 of 2014 against the common judgment in W.P(C) No.30122/2012 "As a general principle, it might be correct in stating that an authority competent to lay down qualifications for promotion is competent to change the qualifications."
ii. RP No. 1106/2015 against W.P(C) No. 1004/2014:
"6. The review petitioners, if they are aggrieved, are entitled to approach the KSEB.
iii. If any changes are to be made to the Board order dated 23.1.1981, it is for the Board to take a decision. ......... We only observe that the judgment shall W.P(C) 36275/2017 28 2025:KER:38199 not preclude the Board to take an appropriate decision in future."

iv. Cont.Case (C) No. 296/16 in WA.1004/2014 "When this Court declares the law which has become final, Board is under obligation to comply with the said order. ......This Court had only observed that the judgment shall not preclude the Board from taking appropriate decision in future. In other words, the Board was entitled to amend the Board order dated 23.01.1981."

"This Court had specifically directed the Board to effect promotions based on Board order dated 23.01.1981. Though amendment had been made to the qualification prescribed as per B.O. dated 23.01.1981, it takes effect only from 25.03.2017. Until such date, any vacancy to the promotion post arising during the said period has to be effected only in accordance with the earlier Board order dated 23.01.1981."

v. Cont.Case (C) No. 2243/2017 against W.A. 1094/2014 ..To our mind, the proper course available to the petitioners is to work out their remedy in accordance with law in appropriate proceedings." vi.SLP No. 10851/2018:

".............. though we are not inclined to interfere with the impugned order, yet, we think it appropriate to observe that while deciding W.P.C. No. 36275 of 2017, the learned Single Judge shall not regard the observations of the High Court in the contempt proceedings as concluding the issues which may arise W.P(C) 36275/2017 29 2025:KER:38199 in the writ petition. With the aforesaid observation, the Special Leave Petition stands disposed of."

vii. W.A. No. 1794/2016 and Connected cases:

"This court, no doubt, in the said Review Petition, has observed that the review petitioners/appellants herein are entitled to approach the Board if they are aggrieved and that Ext.P5 judgment passed in W.A. No.1004 of 2014 shall not preclude the Board in taking appropriate decision in future. However, as directed in R.P. No.1106 of 2016, it is open for the appellants to pursue their matter before the Board, if they so choose."

From the above observations, it is clear that this Court never restricted the Board's power to vary qualifications, as evident by the above observations and directions in SLP No. 10851/2018, made it amply clear. Therefore, the respondents' argument that these issues are covered against the petitioners is rejected. The Board, realising the above and consistent with their earlier stand, had decided to vary the qualifications.

16. The second issue concerns the need to change qualifications. It is well settled that, for promotion, the employer must set a date within their authority, and courts typically shouldn't interfere unless the date is blatantly discriminatory or arbitrary. The power to create rules also includes amending or altering them retroactively, provided such changes do not revoke vested rights or benefits already acquired. Generally, the W.P(C) 36275/2017 30 2025:KER:38199 authority to set qualifications and a cut-off date resides with the competent employer. In the instant case, on account of the reasons stated above, the Board had taken steps to consider whether the qualifications are to be varied. The same is evident from the decisions of the Board extracted below:-

i. The relevant parts of Ext.P6 minutes are as follows-
"The Chairman & Managing Director opined that the Board Order could be reviewed once the management receive the official version of Employment Training Department as to whether the National Trade Certificate issued by the State Council for Vocational Training to the regular candidates and private candidates are equivalent in all respects so as to treat such certificates valid for granting promotion. Once it is reviewed and a need for cancellation of the reversion order is felt necessary, it would be done with the concurrence of the Hon'ble High Court so that all affected parties can be accommodated and the chaos created in the matter can be logically solved.... It was also suggested to put on hold the process of effecting promotion to the posts of Sub Engineer (Electrical), vacancies of which were arisen due to the implementation of the High Court order for reversion failing which KSEBL would face a lot of legal and practical hassles such as the issues arising out of reversion and promotion with or without retrospective effect, recovery of salaries already paid to the sub-engineers reverted as per the court order, issues relating to seniority of employees concerned etc. Chief Engineer (HRM) was directed to obtain legal opinion in this regard as well and to put up the file accordingly. The whole process should be completed and a clear W.P(C) 36275/2017 31 2025:KER:38199 stand taken as to whether review of 1981 orders are required or not within two weeks".

ii. Relevant parts of Exhibit P7 Note submitted to the Chairman and Managing Director of KSEB dated 09.12.2016:

"It is relevant to note that the notification issued by the KSEB dated

17.03.2016 inviting applications from among eligible Overseer (electrical) is subsequent to passing of the order by the Division Bench in R.P.No.1198 of 2016 and connected cases. As per the said order, this Court had kept the option open to the KSEB to take appropriate decision in future. Pursuant to the said order, the KSEB has taken decision to invite applications as per Annexure 2(b) dated 17.03.2016 based on the Board order dated 23.01.1981. If that be so, it is for the KSEB to proceed further, till it reaches finality. However, effecting promotions and finalisation of the seniority list will be subject to further orders passed by the learned Single Judge in WP(C)No.13308 of 2016. We also record the submission made by the learned Senior Counsel appearing for the KSEB that such exercise will be completed within a period of three months."

"Unless we do endeavor to modify the B.O dated 23.01.1981 it will create many complications in the promotions already given from 1981 onwards by following the BO dated 23.1.1981, including the promotions given from the post of Meter Reader. Not only the 35 Overseers reverted as per order dated 29.11.2016, all employees promoted till now having NCVT Certificate are also going to be affected if the BO dated 23.1.1981 does not modify. It will have far reaching consequences in the functioning of KSEB Ltd. Therefore there is no alternative other than to modify the BO dated 23.1.1981 with retrospective W.P(C) 36275/2017 32 2025:KER:38199 effect by including the certificate from National Council for Vocational Training (NCVT) (both Private and Regular) in Electrician/Wireman/Electronics with 5 years' service in feeder category under KSE Board as one of the technical qualifications".

The last para in the note dated 9.12.2016 read as follows:

"In view of the judgment of the Apex Court in T.R.Kapur and others vs. State of Haryana (AIR 1987 SC 415) and the observations of High Court of Kerala in W.A.No.1094/2014 and R.P.Nos.1106 & 1179 of 2015 and connected cases, the B.O. dated 23.1.1981 may be modified retrospectively with required changes".

17. The Board having found the need, desirability/necessity to vary the qualification, which means more or less acceptance of the contentions of the petitioners, the crucial question is when the qualification for the petitioners should be treated as varied, especially since the impugned order came only in 2017, while the petitioners had been litigating on the question of qualifications for years, which has now been found in their favour. A change of the qualifications effected in 2017 will hardly offer any substantial relief to them and could unfairly prejudice them, particularly since they are senior to the party respondents. However, the promotions granted to the contesting respondents cannot be undone as the same have been approved through the earlier judgments W.P(C) 36275/2017 33 2025:KER:38199 and in the absence of any claims against their qualifications.

18. While the power and fixing the timing for revising qualifications is fundamentally an employer's prerogative, it should involve considerations of equity as well, more so in this case, as the Board has found favour with the petitioner's contentions on the qualifications. The Board should reassess the retrospectivity of Ext.P10 and determine the appropriate placement for the petitioners, ideally just below the respondents, acknowledging that the petitioners meet the qualification now accepted/fixed by the Board. A decision shall be taken by the Board within four months of receiving a copy of this judgment, with notice to all affected parties. To enable the above exercise, the impugned orders are quashed to the extent it fixed 25 th March, 2017 as the cut-off date for varying the qualifications.

The Writ Petition is allowed as above.

Sd/-



                                              MOHAMMED NIAS C.P.
                                                    JUDGE

okb/
 W.P(C) 36275/2017               34           2025:KER:38199

                    APPENDIX OF WP(C) 36275/2017

PETITIONER EXHIBITS

Exhibit P25           TRUE COPY OF THE G.O(RT)NO.749/2019/LABOUR
                      DATED 26.06.2019 ISSUED BY THE KSEB.
Exhibit P25           True copy of the Proceedings of the Chief
                      Engineer      (HRM)      K.S.E.Board     Ltd.
                      Thiruvanthapuram            vide          No.
                      EB2/SE(E)/WA1094/2014 dated 29.11.2016.
Exhibit P26           True copy of the the Annexure to Order No.
                      EB4(b)OVR(Ele) Reversion/2017-18 dated Tvpm
                      09.11.2017.
Exhibit P27           True copy of the Proceedings of the Chief
                      Engineer (HRM) KSEBL, Thiruvanthapuram vide
                      No.      EB2/SE(Ele.)/Overseer/Promotion/2020
                      dated 19.08.2020.
EXHIBIT P4            TRUE COPY OF THE JUDGMENT DATED 30.6.2015 IN
                      W.A.NO.1004/2014 AND CONNECTED CASES.
EXHIBIT P5            TRUE COPY OF THE JUDGMENT DATED 28.1.2016 IN
                      R.P.NO.1106/2015 AND CONNECTED CASES.
EXHIBIT P6            TRUE COPY OF THE MINUTES OF THE MEETING
                      DATED 21.3.2016.
EXHIBIT P7            TRUE COPY OF THE NOTE DATED 9.12.2016.
EXHIBIT P8            TRUE COPY OF THE ORDER DATED 29.11.2016.
EXHIBIT P9            TRUE COPY OF THE JUDGMENT DATED 1.2.2017 IN
                      W.P.(C) NO.13308/2016.
EXHIBIT P11           TRUE COPY OF THE RELEVANT PAGES A ORDER
                      DATED 31.3.2017.
EXHIBIT P12           TRUE COPY OF THE ORDER DATED 7.11.2017.
EXHIBIT P13           TRUE COPY OF THE G.O.NO.135/2014/LABOUR
                      DATED 4.11.2014.
EXHIBIT P14           TRUE COPY OF THE INTERIM ORDER DATED
                      2.11.2017 IN COC NO.296/2016.
EXHIBIT P10           TRUE COPY OF THE ORDER DATED 30.3.2017.
EXHIBIT P16           TRUE COPY OF THE ORDER DATED 14.11.2017
                      ISSUED BY THE ADDITIONAL CHIEF SECRETARY.
EXHIBIT P17           TRUE COPY OF THE REPLY DATED 2.5.2016
                      OBTAINED UNDER THE REIGHT TO INFORMATION
                      ACT.
EXHIBIT P18           TRUE COPY OF THE REPLY DATED 8.4.2016
EXHIBIT P19           TRUE COPY OF THE ORDER DATED 16.11.2017
EXHIBIT P20           TRUE COPY OF THE ORDER NO.EB2/SE(E)/WA
                      1904/2014 DATED 31.13.2017
EXHIBIT P21           TRUE COPY OF G.O.(RT)NO.1388/2007/LABOUR
 W.P(C) 36275/2017             35           2025:KER:38199

                    DATED 19.5.2007
EXHIBIT P22         TRUE COPY OF THE JUDGMENT DATED 15.2.2018 IN
                    COC NO.2243/2017.
EXHIBIT P23         TRUE COPY OF THE REPRESENTATION DATED 17-05-
                    2019 SUBMITTED BY THE PETITIONER BEFORE THE
                    2ND RESPONDENT.
EXHIBIT P24         TRUE COPY OF GO(RT)NO.749/19/LABOUR DATED
                    26.6.2019
EXHIBIT P15         TRUE COPY OF THE REPRESENTATION DATED
                    06.04.2018 SUBMITTED BY THE PETITIONERS 1
                    AND 4 BEFORE THE 1ST RESPONDENT.
EXHIBIT P1          TRUE   COPY  OF   THE   BOARD   ORDER  DATED
                    23.1.1981.
EXHIBIT P2          TRUE COPY OF THE ORDER DATED 9.2.2011.
EXHIBIT P3          TRUE COPY OF THE JUDGMENT DATED 22.5.2014 IN
                    W.P.(C) NO.29243/2011.