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"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.

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.

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.

"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".