Kerala High Court
Pradeep Kumar.S vs Kerala State Electricity Board on 1 March, 2001
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
WEDNESDAY, THE 9TH DAY OF JULY 2014/18TH ASHADHA, 1936
WP(C).No. 32814 of 2010 (B)
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PETITIONER:
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PRADEEP KUMAR.S, S/O.LATE SANKARAN,
AGED 37 YEARS, OFFICE ATTENDANT
KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION
CHENGANOOR.
BY ADV. SRI.SAJITH KUMAR V.
RESPONDENTS:
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1. KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM
THIRUVANANTHAPURAM - 695 001
2. THE CHIEF ENGINEER, (HRM) KERALA
STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN
THIRUVANANTHAPURAM - 695 001.
3. EXECUTIVE ENGINEER,
ELECTRICAL DIVISION, K.S.E.B., CHENGANOOR.
R1 TO R3 BY ADV. SRI.K.S.ANIL, SC, KSEB
R1 TO R3 BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB
R1 TO R3 BY ADV. SRI.PULIKOOL ABUBACKER, SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-07-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JV
WP(C).No. 32814 of 2010 (B)
APPENDIX
PETITIONER'S EXHIBITS:
EXT. P1 : COPY OF THE CERTIFICATE OF COMPETENCY DATED 01.03.2001
ISSUED BY KERALA STATE ELECTRICITY LICENSING BOARD
EXT.P2 : COPY OF THE REPRESENTATION DATED 15.07.2010 SUMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
EXT.P3 : COPY OF THE LETTER DATED 15.07.2010 ISSUED BY THE THIRD
RESPONDENT TO THE SECOND RESPONDENT
EXT.P4 : COPY OF THE REMINDER DATED 22.08.2010 SUBMITTED PETITIONER
BEFORE THE 2ND RESPONDENT
RESPONDENTS' EXHIBITS: N I L
//TRUE COPY//
P.A. TO JUDGE
JV
P.R. RAMACHANDRA MENON, J.
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W.P.(C). No.32814 of 2010
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Dated this the 9th day of July, 2014.
JUDGMENT
The petitioner has obtained Ext.P1 certificate dated 01.03.2001, having passed the Electrical Wiring Certificate Course conducted by the Kerala State Electricity Licensing Board, as per the syllabus rendered by the 'Central Electricity Board'. The father of the petitioner was working as an employee in the respondent State Electricity Board, who bid farewell to this world in the year 1998. Pursuant to this, the petitioner got employment under the compassionate appointment scheme as an Office Attendant and he joined the service accordingly on 11.11.2001. By virtue of the qualification obtained to the petitioner vide Ext.P1, the petitioner sought to have a change to the Technical Department and filed Ext.P2 representation through proper channel, which was forwarded by the 3rd respondent to the 2nd respondent vide Ext.P3. In spite of the fact that there are several vacancies, the claim of the petitioner has not been considered and hence the writ petition, seeking for a direction to the 2nd W.P.(C). No.32814 of 2010 2 respondent to consider and pass orders on Exts.P2 and P4 representations, approving Ext.P1 certificate of Competency in Wireman as an eligible qualification for appointment to the post of Technical Cadres like Lineman, Meter Readers etc. in the respondent Board.
2. A statement has been filed on behalf of the 2nd respondent. Paragraphs 3 and 4 are in the following terms:
"3. The petitioner has acquired the electrical wiring certificate course conducted by the Kerala State Electricity Licensing Board as early as on 01.03.2001. The petitioner joined the service of KSE Board on 11.11.2001. The petitioner has submitted before the respondents for getting approval of the certificate by the Board only on 15.07.2010, i.e after 9 years. From the submission and admission of the petitioner, it is clear that the petitioner was aware of the fact that the competency certificate is not a qualification approved by the Board.
4. It is submitted that the certificate of competency in wireman has not been fixed as criteria for any promotion/ appointment in the Board. In order to get approval for a qualification, the Board has to get the concurrence of the Kerala Public Service Commission, as per the existing rules. The submission of the petition has been taken up with the 1st respondent seeking approval to the certificate acquired by the petitioner. The decision in the submission will be communicated to the petitioner as and when it is obtained from the KSE Board."
3. The learned Standing Counsel for the Board submits that, the qualification obtained by the petitioner is not an approved qualification for appointment in the technical service of the State Board and if at all any change is to be made, the Board has to get the concurrence of the Kerala Public Service Commission, as W.P.(C). No.32814 of 2010 3 per the relevant rules. It is also stated that, the matter has already been taken up before the 1st respondent Board for approval of the certificate acquired by the petitioner and that the decision will be communicated to the petitioner, as and when the same is cleared by the Board.
4. Obviously, the said statement is dated 04.02.2011. Almost 3= years are already over; still the factual position as on date is not made known to this Court, by way of subsequent proceedings.
In the said circumstances, the writ petition is disposed of, directing the 1st respondent to finalise the issue forming the subject matter of Exts.P2 and P4, as mentioned in their statement filed before this Court and the outcome shall be let known to the petitioner, at the earliest, at any rate, within 'three months' from the date of receipt of a copy of this judgment.
P.R. RAMACHANDRA MENON, JUDGE sp