Kerala High Court
Aji A.S vs Abhilash A.V on 4 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
RP NO. 510 OF 2021
AGAINST THE JUDGMENT DATED 17.11.2020 IN WP(C) 25076/2020 OF HIGH
COURT OF KERALA, ERNAKULAM
REVIEW PETITIONERS/NOT PARTIES IN THE WRIT PETITION:
1 AJI A.S., AGED 42 YEARS,
S/O. G.N. ARULAPPAN, ASSISTANT ENGINEER (ELECTRICAL),
KERALA STATE ELECTRICITY BOARD LIMITED, 66 KV SUB
STATION, PANAMPALLI NAGAR, COCHIN-682036, ERNAKULAM,
RESIDING AT D-6, KSEB QUARTERS, KASTURBA NAGAR,
COCHIN-682020, ERNAKULAM DISTRICT. PH:9447799559.
2 SIVADASAN S., AGED 41 YEARS,
S/O. SWAMINATHAN, ASSISTANT ENGINEER (ELECTRICAL),
KERALA STATE ELECTRICITY BOARD LIMITED, 110 KV SUB
STATION, KALOOR, COCHIN-682017, RESIDING AT D-4,
110 KV SUB STATION, KALOOR, COCHIN-682017,
ERNAKULAM DISTRICT. PH:9562626116.
BY ADVS.
ELVIN PETER P.J.
K.R.GANESH
SIDHARTH SUDHEER
GOURI BALAGOPAL
RESPONDENTS/PETITIONERS & RESPONDENTS 1 TO 3:
1 ABHILASH A.V., AGED 46 YEARS, ASSISTANT ENGINEER,
TRANSGRID T.C., SUB DIVISION, MALAPPARAMBA,
KERALA STATE ELECTRICITY BOARD LIMITED, MALAPPURAM.
2 BIJU K.G., ASSISTANT ENGINEER, ELECTRICAL SECTION,
PERUMBAVOOR, KERALA STATE ELECTRICITY BOARD LIMITED,
ERNAKULAM DISTRICT.
3 NIJAM N.,
ASSISTANT ENGINEER, ELECTRIC SECTION, VAMANAPURAM,
KERALA STATE ELECTRICITY BOARD LIMITED,
THIRUVANANTHAPURAM DISTRICT.
RP No.510/2021 in W.P.(C)No.25076/2020
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4 PAUL P.T.,
ASSISTANT ENGINEER, ELECTRIC SECTION - PUTHUCODE,
KERALA STATE ELECTRICITY BOARD LIMITED,
PUTHUCODE P.O., PALAKKAD DISTRICT-678687.
5 THE STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
POWER DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
6 THE KERALA STATE ELECTRICITY BOARD LIMITED,
VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-
695004, REPRESENTED BY ITS SECRETARY.
7 THE SECRETARY,
KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI
BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004.
BY ADV. ANITHA, SC,
SRI.SUNIL KUMAR KURIAKOSE, GP
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
04.08.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP No.510/2021 in W.P.(C)No.25076/2020
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ORDER
This petition, seeking review of the judgment of
this Court dated 17.11.2020 in W.P.(C)No.25076 of
2020, has been filed with a limited plea that the
review petitioners be also directed to be heard by the
competent Secretary to Government, when the exercise
ordered therein is completed.
2. I have heard Sri.K.R.Ganesh - learned
counsel for the review petitioners; Sri.K.Jaju Babu -
learned Senior Counsel, instructed by Sri.Brijesh
Mohan, appearing for the writ petitioners;
Smt.A.G.Aneetha - learned Standing Counsel for the
KSEB and Sri.Sunil Kumar Kuriakose - learned
Government Pleader.
3. As I have indicated above, the sole
contention of Sri.K.R.Ganesh is that if the Government
disposes of the representation of the writ petitioners
without hearing his clients, their rights would be
prejudiced, since they are qualified degree holders.
RP No.510/2021 in W.P.(C)No.25076/2020
4. Sri.K.Jaju Babu - learned Senior Counsel,
submitted that there is no requirement for granting of
any opportunity of hearing to the review petitioners,
because his clients are only seeking appointment to
the quota earmarked for "in-service candidates"; and
that since the review petitioners are degree holders,
they cannot stake claim to anyone of them. He,
therefore, prayed that this Review Petition be
dismissed.
5. However, when I go through the judgment in
question, I had not considered any of the contentions
of the writ petitioners on its merits, but had only
directed the competent Secretary of the Government to
consider their representation - which had been
produced as Ext.P3 in the writ petition - as per law,
after affording them an opportunity of being heard.
6. It is, therefore, clear that it will not be
necessary for this Court to make any particular
provision with respect to the manner of hearing by the
Government. Since, as I have already said above, the
RP No.510/2021 in W.P.(C)No.25076/2020
writ petitioners were directed to be heard taking into
account the fact that it was their representation
which was to be considered, I am of the view that it
will be justified for this Court to leave it to the
Government to decide which are the other parties, who
will required to be heard, for a proper adjudication
and resolution of the request of the writ petitioners.
In the afore circumstances, I close this review
petition without modifying the judgment; however,
leaving full liberty to the Government to decide if
they want to hear anyone else other than the writ
petitioners, while their representation is disposed of
in terms of the said judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
RP No.510/2021 in W.P.(C)No.25076/2020
APPENDIX
PETITIONERS' ANNEXURES:
ANNEXURE 1 TRUE COPY OF THE ADVICE MEMO NO.RIB (2)
21111/09/GW/220 DATED 04.08.2009 ISSUED
TO THE 1ST PETITIONER.
ANNEXURE 2 TRUE COPY OF THE APPOINTMENT ORDER NO.
EB.1(A)/AE(ELE)/158/220/2009 DATED
04.11.2009 ISSUED TO THE 1ST
PETITIONER.
ANNEXURE 3 TRUE COPY OF THE PROCEEDINGS B.O.(FM)
NO.623/2011/CE (HRM) GENL/2/AE-AEE (E)
2011 DATED 26.02.2011 ISSUED BY THE
BOARD.
ANNEXURE 4 TRUE COPY OF THE GOVERNMENT ORDER G.O.
(MS) NO.4/2014/PD DATED 13.02.2014.
ANNEXURE 5 TRUE COPY OF THE BOARD ORDER NO.
EB.1/AE(E)-AEE(E)/PRO/DEGREE/2014/150
DATED 1.3.2014.
ANNEXURE 6 TRUE COPY OF THE BOARD ORDER
NO.EB.1/AE(E)-AEE(E)/PRO/
DIPLOMA/UPGRADATION/2014 DATED
04.03.2014.
ANNEXURE 7 TRUE COPY OF THE BOARD ORDER
NO.EB.1/AE(E)-AEE(E)/PRO/
DIPLOMA/UPGRADATION/2014 DATED
11.6.2014.
ANNEXURE 8 TRUE COPY OF THE BOARD ORDER
NO.EB.1/AE(E)-AEE(E)/PRO/ DEGREE/2014
DATED 12.03.2015.
ANNEXURE 9 TRUE COPY OF THE BOARD ORDER
NO.EB.1/AE(E)-AEE(E)/PRO/ DIPLOMA/2014
DATED 11.6.2014.
RP No.510/2021 in W.P.(C)No.25076/2020
ANNEXURE 10 TRUE COPY OF THE BOARD ORDER
NO.EB.1/AE/AEE/UG/REGN/2015 DATED
30.05.2015.
ANNEXURE 11 TRUE COPY OF THE PROCEEDINGS OF THE
14TH LEGISLATIVE ASSEMBLY HELD ON
21.06.2019.
ANNEXURE 12 TRUE COPY OF THE BOARD ORDER NO.EB1/AE-
AEE/ELE/TEMPORARY PROMOTION/2019-20
DATED 05.03.2020.
ANNEXURE 13 TRUE COPY OF THE BOARD ORDER NO. B.O.
(FTD) NO. 628/2019 (ESTT.III/T&P/EE
(ELE) 2019 DATED 17.08.2019.
ANNEXURE 14 TRUE COPY OF THE BOARD ORDER NO.B.O.
(FTD) NO. 850/2019 (ESTT.III/T&P/EE
(ELE.) 2019 DATED 20.11.2019.
ANNEXURE 15 TRUE COPY OF THE BOARD ORDER NO. B.O.
(FTD) NO. 161/2020 (ESTT.III/T&P/EE
(ELE) 2019 DATED 05.03.2020.
ANNEXURE 16 TRUE COPY OF THE OFFICE ORDER (CMD)
NO.898/2020 (ESTT.III/T&P/EE (ELE)2019)
DATED 19.06.2020.
ANNEXURE 17 TRUE COPY OF THE JUDGMENT DATED
17.11.2020 IN WA NO.1191/2020.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
