Kerala High Court
Rajesh K vs The Chief Engineer (Hrm) on 24 June, 2025
Author: Anil K. Narendran
Bench: Anil K. Narendran
2025:KER:45582
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
TUESDAY, THE 24TH DAY OF JUNE 2025 / 3RD ASHADHA, 1947
RP NO. 430 OF 2025
AGAINST THE JUDGMENT DATED 09.12.2024 IN W.A.NO.2234 OF
2023 OF HIGH COURT OF KERALA
REVIEW PETITIONER:
RAJESH K
AGED 68 YEARS
CHERKALA ELECTRICAL SECTION, CHERKALA,
KASARGOD DISTRICT - RESIDING AT K.R COTTAGE,
V. K PARA, CHENGALA P.O.,
KASARGOD DISTRICT, PIN - 671541
BY ADVS.
SMT.ANNAMMA PHILIP
SRI.NISHIN GEORGE VIJAYABABU
SRI.HAFY PUNTHALA WILSON
SMT.NIMISHA M.G.
SMT.HASEENA K.A.
RESPONDENTS:
1 THE CHIEF ENGINEER (HRM)
KSEB VAIDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
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2 THE SECRETARY, KSEB
VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM, PIN - 695004
BY ADVS.
SHRI.ANTONY MUKKATH
SHRI.REGI MATHEW
SHRI.JOSEPH M.L.
SHRI.TOMY CHACKO
SHRI.VANDAMEN ROX ANTONY K.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
24.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
Anil K. Narendran, J.
The petitioner, who is the respondent in W.A.No.2234 of 2023, has filed this review petition, invoking the provisions under Order XLVII Rule 1 of the Code of Civil Procedure, 1908, seeking review of the judgment dated 09.12.2024 in that writ appeal, which was one filed by the respondents herein, invoking the provisions under Section 5(i) of the Kerala High Court Act, 1958, challenging the judgment dated 25.05.2023 of the learned Single Judge in W.P.(C)No.3936 of 2011, which was one filed by the petitioner herein seeking a writ of mandamus commanding the respondents herein to grant him promotion to the post of Senior Assistant with consequential benefits; and a writ of mandamus commanding the respondents herein to recast Ext.P5 order dated 06.01.2011 issued by the 1st respondent Chief Engineer (HRM), Kerala State Electricity Board, by including the petitioner as a promotee to the post of Senior Assistant. By the judgment dated 25.05.2023, which was under challenge in W.A.No.2234 of 2023, the learned Single Judge disposed of the writ petition directing the respondents herein to give promotion to the petitioner to the post of Senior Assistant, without R.P.No.430 of 2025 4 2025:KER:45582 insisting for the passing of the suitability test, in view of the proviso to Rule 13B Part-II of Kerala State and Subordinate Service Rules, 1958.
2. In the judgment dated 09.12.2024, while allowing W.A.No.2234 of 2023, this Court has referred to the provision under Rule 13B Part-II KS&SSR. The said provision, which was referred to in paragraph 8 of that judgment, is Rule 13B Part-II KS&SSR, as substituted by G.O.(P)02/2022/P&ARD dated 15.01.2022. By way of that substitution, the words 'or any executive orders', 'essential' and 'or Executive Orders' were inserted in Rule 13B Part-II KS&SSR.
3. Though the learned counsel on both sides have addressed rival contentions on the effect of Rule 13B Part II KS&SSR, prior to its substitution vide the aforesaid Government order dated 15.01.2022, we do not propose to consider the said contention in detail in this review petition, since we are of the view that the provisions of Rule 13B Part II KS&SSR quoted in paragraph 8 of the judgment dated 09.12.2024 in W.A.No.2234 of 2023 is the amended provision, as substituted by the Government Order dated 15.01.2022, the judgment sought to be reviewed is liable to the recalled.
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4. In the result this review petition is disposed of by recalling the judgment dated 09.12.2024 in W.A.No.2234 of 2023.
Registry to list the writ appeal before the Division Bench as per roster.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
MURALEE KRISHNA S., JUDGE MSA R.P.No.430 of 2025 6 2025:KER:45582 APPENDIX OF RP 430/2025 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE KERALA STATE AND SUBORDINATE SERVICES (AMENDMENT) RULES, 2022