Kerala High Court
Suresh Kumar M.R vs Kerala State Electricity Board Ltd on 8 August, 2019
Bench: V.Chitambaresh, Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 08TH DAY OF AUGUST 2019 / 17TH SRAVANA, 1941
WA.No.721 OF 2019
AGAINST THE JUDGMENT DATED 9.1.2019 IN WP(C) 38468/2017(G) OF HIGH
COURT OF KERALA
APPELLANTS/PETITIONERS:
1 SURESH KUMAR M.R.
(EMPLOYEE CODE NO.1043169)
OVERSEER(GRADATION NO.3459/2008)
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION, KIZHAKKAMBALAM, ERNAKULAM.
2 RADHAKRISHNAN AALORA(EMPLOYEE CODE NO.1042907)
OVERSEER(GRADATION NO.3585/2008),
KERALA STATE ELECTRICITY BOARD LTD,
ELECTRICAL SECTION, KOLACHERRY, KANNUR.
3 RATHEESAN KUNIYIL MAROLI(EMPLOYEE CODE NO.1042951)
OVERSEER(GRADATION NO.13/2012),
KERALA STATE ELECTRICITY BOARD LTD,
220KV SUBSTATION, KANJIRODE, KANNUR.
4 SREENIVASAN.M(EMPLOYEE CODE NO.1043499)
OVERSEER(GRADATION NO.3533/2008),
KERALA STATE ELECTRICITY BOARD LTD,
110KV SUBSTATION, PAYYANNUR, KANNUR.
5 ANIL AMBAN MUKRI(EMPLOYEE CODE NO.1043001)
OVERSEER(GRADATION NO.17/2012),
KERALA STATE ELECTRICITY BOARD LTD,
ELECTRICAL SECTION, KANNUR.
6 SUMITHRAN N.(EMPLOYEE CODE NO.1044611)
OVERSEER(GRADATION NO.3581/2008),
KERALA STATE ELECTRICITY BOARD LTD,
ELECTRICAL SECTION, PAYYANNUR, KANNUR.
BY ADVS.
DR.K.P.SATHEESAN (SR.)
SRI.P.MOHANDAS (ERNAKULAM)
W.A.No.721 of 2019
2
SRI.S.VIBHEESHANAN
SRI.K.SUDHINKUMAR
SRI.S.K.ADHITHYAN
SRI.MUHAMMED IBRAHIM ABDUL SAMAD
SRI.SABU PULLAN
RESPONDENTS/RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LTD,
REPRESENTED BY ITS CHAIRMAN, VYDHUTHI BHAVAN,
PATTOM, THIRUVANANTHAPURAM-695004.
2 THE CHIEF ENGINEER (HRM)
KERALA STATE ELECTRICITY BOARD LTD,
VYDHUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM-695004.
3 ADDL.R3 MANOJ M.
AGED 40 YEARS
S/O LATE M.S MOHANDAS,
OVERSEER, ELECTRICAL SECTION, NORTH PARUR,
RESIDING AT DEVANANDANAM, WEST KADUNGALLOOR P.O,
ALUVA, ERNAKULAM DISTRICT.
(ADDL.R3 IS IMPLEADED AS PER ORDER DATED 05/04/2019
IN I.A.NO.01/2019)
R1 & R2 BY SMT.ANEETHA A.G., SC, KERALA STATE
ELECTRICITY BOARD LIMITED
ADDL.R3 BY ADV.SRI.S.M.PRASANTH
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07.08.2019,
THE COURT ON 08.08.2019 DELIVERED THE FOLLOWING:
W.A.No.721 of 2019
3
Judgment
Chitambaresh, J.
1. It has inter alia been stated in the judgment impugned as follows:
"5. ............It is not disputed that Ext.P6 long term settlement provides for treating ITI holders in Electronics Trade as equivalent to those ITI holders in Electrical for promotion as Sub Engineer. That being so, respondents cannot deny promotion to the ITI holders in Electronics. As the juniors of the petitioners have already been granted promotion, denial of promotion to the petitioners is illegal."
Nevertheless the learned single Judge omitted to issue a direction to promote the petitioners/appellants solely on account of the interim order in WP(C).No.11952/2017 and connected cases staying promotion.
2. Neither the Kerala State Electricity Board Limited nor any other affected party has challenged the above judgment wherein the entitlement of the petitioners/appellants has already been upheld. Their entitlement is rested on Ext.P6 Order of the Kerala State Electricity Board and Clause 30 of Article X which W.A.No.721 of 2019 4 is relevant is extracted below for reference:
"30. ITI Electronics will also be considered as an alternate qualification to ITI Electrical for the purpose of promotion to the post of Sub Engineer (Ele)."
The further question is as to whether the promotion of the petitioners/appellants should be put on hold in view of the order of stay in WP(C).No.11952/2017 to which they were not parties then.
3. The petitioners/appellants were neither made parties nor heard before the interim order of stay in WP(C). No.11952/2017 was passed and hence not bound by the same in law. It is inequitable to deny them promotion after having upheld their entitlement especially when the judgment impugned has not been challenged and has become final as on today. Persons who are juniors to the petitioners/appellants have already been promoted by Ext.P8 order solely because they possess ITI (Electrical) certificates. The petitioners/ appellants possess ITI (Electronics) certificates which have been found to be sufficient in Ext.P6 W.A.No.721 of 2019 5 order for the purpose of promotion to the post of Sub Engineer (Ele).
4. Interest of justice would be met by directing respondents 1 and 2 to provisionally promote the petitioners/appellants as Sub Engineer (Ele) within a period of one month. The same shall be done by reverting those who are juniors as on the date of Ext.P8 order (if necessary) if there are no sufficient number of post of Sub Engineer (Ele). We clarify that the promotion and reversion (if any) would be purely provisional and shall abide by the final result of WP(C). No.11952/2017 and connected cases pending.
The impugned judgment is modified accordingly and the writ appeal is disposed of. No costs.
Sd/-
V. CHITAMBARESH, JUDGE Sd/-
ASHOK MENON, JUDGE Sha/070819 W.A.No.721 of 2019 6 APPENDIX ANNEUXURE-1 TRUE COPY OF THE ORDER DATED 5.5.2017 IN WP(C).NO.11952/2017 OF THIS COURT.
ANNEUXURE-R2(A) COPY OF BOARD ORDER BO(FB) NO.178/2007 (ESTT.II-385/2005) DATED 22.1.2007. ANNEUXURE-R2(B) COPY OF BOARD ORDER BO(FTD) NO.834/2007 (ESTT.II-2089/2017) DATED 30.3.2017.