Kerala High Court
Remesh.L vs Kerala State Electricity Board on 24 June, 2011
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
WEDNESDAY, THE 2ND DAY OF JULY 2014/11TH ASHADHA, 1936
WP(C).No. 30511 of 2012 (L)
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PETITIONER(S):
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REMESH.L., AGED 45 YEARS,
S/O.LAZAR L., PUSHPAVILASOM, KULAKKODE,
VELLANAD P.O., VELLANADU VILLAGE, THIRUVANANTHAPURAM.
BY ADVS.SRI.E.B.SHIVANANDAN
SRI.S.SUBHASH CHAND
RESPONDENT(S):
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1. KERALA STATE ELECTRICITY BOARD,
VYDUTHY BHAVANAM, PATTOM, THIRUVANANTHAPURAM,
PIN-695004, REPRESENTED BY ITS SECRETARY.
2. THE SECRETARY,
BOARD SECRETARIAT, KERALA STATE ELECTRICITY BOARD,
VYDUTHY BHAVANAM, PATTOM, THIRUVANANTHAPURAM,
PIIN-695004.
3. THE CHIEF ENGINEER,
HUMAN RESOURCES MANAGEMENT,
KERALA STATE ELECTRICITY BOARD, VYDYUTHY BHAVANAM,
PATTOM PALACE POST, THIRUVANANTHAPURAM, PIN-695004.
BY ADV. SRI.K.S.ANIL, SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-07-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 30511 of 2012 (L)
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APPENDIX
PETITIONER(S) EXHIBITS
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EXHIBIT P1: TRUE COPY OF THE JUDGMENT IN WPC 6715/2009 DT.26-5-2009 OF
THIS HON'LE COURT.
EXHIBIT P2: TRUE COPY OF THE NOTE DT.17-12-2009 FORWARDED BY THE LEGAL
ADVISOR TO R3.
EXHIBIT P3: TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 23-11-2010
OF KERALA STATE ELECTRICITY BOARD.
EXHIBIT P4: TRUE COPY OF THE LETTER NO.AIII(3) 415/11/CW DATED 24-6-2011 OF
KERALA PUBLIC SERVICE COMMISSION.
EXHIBIT P5: TRUE COPY OF THE REPRESENTATION DT.17-10-2012 FILED BY THE
PETITIONER BEFORE R1.
EXHIBIT P6: COPY OF THE REPLY ISSUED BY THE PUBLIC INFORMATION OFFICER,
INVESTISGATION CIRCLE, THRISSUR, REGARDING PROVISIONAL
APPOINTMENT OF ASSISTANT ENGINEER (CIVIL)THROUGH
EMPLOYMENT EXCHANGE
EXHIBIT P7: COPY OF THE REPLY ISSUED BY THE PUBLIC INFORMATION OFFICER,
OFFICE OF DEPUTY CHIEF ENGINEER, CHITTIRAPURAM, IDUKKI,
REGARDING APPOINTMENT OF ASSISTANT ENGINEER (CIVIL)
THROUGH EMPLOYMENT EXCHANGE
EXHIBIT P8: COPY OF THE BOARD ORDER BEAING NO.EB1(A)/0172/AE(ELE)/2010
THIRUVANANTHAPURAM DATED 29/11/11 EVIDENCING THE
APPOINTMENT OF 56 ASSISTANT ENGINEERS (ELE)UNDER THE ITI
CERTIFICATE QUOTA
EXHIBIT P9: COPY OF THE BOARD ORDER BEARING NO.EB4(A)/
PROMOTION/20/2013 DATED 10/1/14 EVIDENCING THE RATIO
PROMOTION OF 725 LINEMEN GRADE II TO GRADE-1
EXHIBIT P10: COPY OF THE BOARD ORDER BEARING NO.EB2(A)/DRIVER/RP/2014(1)
DATED 21/1/14 EVIDENCING THE RATIO PROMOTION OF 14 SPECIAL
GRADE DRIVER II TO GRADE-I
EXHIBIT P11: COPY OF THE ORDER BEARING NO.EB2(A)/DRIVER/RP/2014(2) DATED
21/1/14 EVIDENCING THE RATIO PROMOTION OF 19 DRIVER GRADE 1
TO SPECIAL GRADE DRIVER-II
EXHIBIT P12: COPY OF THE BOARD ORDER BEARING NO.ELB2(A)/DRIVER/RP/2014
(3) DATED 21/1/14 EVIDENCING THE RATIO PROMOTION OF 22 DRIVER
GRADE II TO THE POST OF DRIVER GRADE.
PJ
...2/-
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WP(C).No. 30511 of 2012 (L)
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EXHIBIT P13: COPY OF THE ORDER BEARING NO.BO(CMD) NO.240/14
(ESTT.III/5901/2010) DT.27/1/14, THIRUVANANTHAPURAM EVIDENCING
THE PROMOTION OF TWO EXECUTIVE ENGINEER (CIVIIL) TO THE
POST OF DEPUTY CHIEF ENGINEER (CIVIL)
EXHIBIT P14: COPY OF THE BOARD ORDER BEARING NO.EB 5/PCA/RP/2014 DATED
10/1/14 EVIDENCING THE RATIO PROMOTION OF 24 JUNIOR FAIR
COPY ASSISTANT TO THE POSTY OF SENIOR FAIR COPY ASSISTANT
EXHIBIT P15: COPY OF THE BOARD ORDER BEARING NO.BO(FM), NO.2657/2013
(EB.4(C)/OA-CT/33/2013)DATED 11/12/13, EVIDENCING THE BACK
DOOR APPOINTMENT TO THE POST OF CASHIER TRAINEE BY
RELAXING MINIMUM EDUCATIONAL QUALIFICATIONS, FROM THE
POST OF OFFICE ATTENDANTS
EXHIBIT P16: COPY OF THE LETTER BEARING NO.ESTT.II/249/2001, DATED 14/1/11
ISSUED BY THE 2NS RESPONDENT TO THE KERALA PUBLIC SERVICE
COMMISSION
EXHIBIT P17: COPY OF THE ORDER BEARING NO.EB.1(A)/AE(ELE)/PRO/2014 DATED
20/2/14 EVIDENCING THE RATIO PROMOTION OF 75 ITI CERTIFICATE
HOLDER SUB ENGINEERS (ELE) TO THE POST OF ASSOISTANT
EGINEER (ELE)
EXHIBIT P18: COPY OF THE ORDER BEARING NO.EB1(A)/AE(ELE)/PRO/2014 DATED
20/2/14 EVIDENCING THE RATIO PROMOTION OF 40 DIPLOMA HOLDER
SUB ENGINEERS (ELE) TO THE POST OF ASSISTANT ENGINEER (ELE).
IN IA.7547/2014
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EXHIBIT P16: COPY OF THE COMMUNICATION DATED 17/10/12 ISSUED BY THE
KERALA PUBLIC SERVICE COMMISSION TO RESPONDENT NO.2
EXHIBIT P17: COPY OF THE COMMUNICATION DATED 14/5/14 ISSUED BY THE
KERALA PUBLIC SERVICE COMMISSION TO RESPONDENT NO.2
RESPONDENTS' EXHIBITS
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
A.V.RAMAKRISHNA PILLAI, J
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W.P.(C) No.30511 of 2012
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Dated this the 2nd day of July, 2014
JUDGMENT
Aggrieved by the inaction on the part of the respondent Board to implement Ext.P3 resolution, the petitioner has come up before this Court.
2. The petitioner entered service of the first respondent as Foreman which was subsequently re- designated as Sub Engineer (Civil), as he is holding an ITI certificate in Civil Engineering. He was continuing in the post of Sub Engineer (Civil) for the last 17 years.
3. The petitioner alleges that the feeder category for promotion to the post of Assistant Engineer (Civil) is Sub Engineer (Civil). The mode of appointment is by promotion and by direct recruitment. The ratio of 3:2 is also maintained for promotion to the post of Assistant Engineer (Civil) from ITI certificate holders. WPC No.30511/2012 2
4. The grievance of the petitioner is that promotion to 20% quota is not being effected due to the Board order dated 7.8.1969. However, on the basis of representations from various trade unions, the Board in its meeting held on 23.11.2010 took Ext.P3 decision to delete that portion of Board order which denies promotion to the Sub Engineers (Civil) holding ITI. For concurrence, the respondent Board addressed the PSC and accordingly, Ext.P4 concurrence was also obtained. However, even after Ext.P4 concurrence, there was inaction on the part of the respondent Board in this matter. It is with this background, the petitioner has come up before this Court.
5. When the matter came up for hearing, the learned counsel for the petitioner submitted that the petitioner has submitted Ext.P5 representation and the same is pending before the respondent Board unattended.
WPC No.30511/2012 3
6. Inviting my attention to the portions of the counter affidavit filed by the third respondent, the learned counsel for the petitioner submitted that there are 47 vacancies of Assistant Engineers which are kept unfilled on account of the inaction on the part of the respondent Board.
7. Therefore, this Court feels that it would be appropriate to give a direction to the respondent Board to hear and dispose of Ext.P5 representation in the light of the anomalies pointed out by the petitioner in the writ petition.
Therefore, this writ petition is disposed of directing the first respondent to consider and pass appropriate orders on Ext.P5, after affording the petitioner an opportunity of being heard and also taking into account the anomalies pointed out by the petitioner in this writ petition. This exercise shall be completed within a period of two months from the date of receipt of a copy of this judgment. WPC No.30511/2012 4
To facilitate an early action, it shall be open to the petitioner to produce a copy of the writ petition as well as a copy of this judgment before the first respondent at the earliest.
sd/-A.V.RAMAKRISHNA PILLAI
JUDGE
css/ true copy
P.S.TO JUDGE