Satheesh Kumar M.R vs The Kerala State Electricity ...
2021 Latest Caselaw 6221 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                    WP(C).No.24176 OF 2020(V)

PETITIONERS:
       1     SATHEESH KUMAR M.R.
             AGED 53 YEARS
             S/O P.G.R.PILLAI, OVERSEER (ELECTRICAL), ELECTRICAL
             SECTION, KERALA STATE ELECTRICITY BOARD, VAZHIKADAVU,
             NILAMBUR-679 333, RESIDING AT HOUSE NO 167, HARITHA
             NAGAR, M.G.KAVU, THRISSUR-680 581.

      2      PRADEEP KUMAR K.P,
             AGED 45 YEARS
             S/O.PRABHAKARAN NAIR, SUB ENGINEER
             (ELECTRICAL),ELECTRICAL SECTION, KERALA STATE
             ELECTRICITY BOARD, PARAKKADAVU, ANGAMALY-683 579,
             RESIDING AT KUNNOOR HOUSE, ELAVOOR P.O.ANGAMALY-683
             572,.

      3      JOYSON K.V,
             AGED 46 YEARS
             S/O K.V.VARGHESE, SUB ENGINEER (ELECTRICAL), L.M.S
             SECTION NO 1, KERALA STATE ELECTRICITY BOARD,
             KALAMASSERY - 683 106, RESIDING AT KACHAPPILLY HOUSE,
             SREEMOOLANAGARAM, KALADY-683 580.

             BY ADVS.
             SRI.ELVIN PETER P.J.
             SRI.K.R.GANESH

RESPONDENTS:
       1     THE KERALA STATE ELECTRICITY BOARD LIMITED
             REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAAM,
             PATTOM, THIRUVANANTHAPURAM-695 004.

      2      THE SECRETARY,
             THE KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI
             BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004.

      3      THE CHIEF ENGINEER (HRM),
             OFFICE OF THE CHIEF ENGINEER 9HRM), VYDYUTHI
             BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004.
             R1-3 BY ADV. SRI.ASOK M.CHERIAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.24176 OF 2020

                                 2

                          JUDGMENT

Dated this the 22nd day of February 2021

This writ petition is filed seeking the following reliefs:-

"(i) To issue a writ of mandamus, or any other appropriate writ, order or direction directing the respondents to forthwith promote the petitioners as Assistant Engineers (Electrical) provisionally in the 10% quota earmarked for qualified in-service candidates, pending regular selection by the Public Service Commission.

(ii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to consider the claim of the petitioners for provisional appointment as Assistant Engineers (Electrical) in the 10% quota earmarked for qualified in-service candidates forthwith.

(iii) To issue a writ of mandamus directing the 3 rd respondent to consider and pass orders on Exts.P11 to P13 representations after giving an opportunity to the petitioners, within a time fixed by this Hon'ble Court."

2. Heard the learned counsel for the petitioners.

3. It is submitted by the learned counsel for the

petitioners that there are several vacancies available in the

10% quota reserved for appointment to the post of Assistant

Engineer (Electrical) from in-service graduates. It is

submitted that the petitioners are due to retire from service

soon and they have submitted Exts.P11, P12 and P13 WP(C).No.24176 OF 2020

representations before the respondents seeking filling up of

the vacancies available in the 10% quota by provisional

promotion until regular appointments are made through

Kerala Public Service Commission (hereinafter referred to as

"KPSC").

4. A statement has been placed on record by the 3 rd

respondent admitting that 10% of the cadre strength of

Assistant Engineer (Electrical) is set apart for in-service

candidates in KESBL possessing B.Tech degree and working

in various categories below the cadre of Assistant Engineer.

It is stated that the appointments are to be made by the

KPSC by inviting applications and conducting selection. It is

stated at paragraph 4 of the statement that there are 52

vacancies to be filled up from the 10% quota, out of which,

16 vacancies have already been reported to the KPSC and

steps are being taken to report the remaining 36 vacancies

also. It is stated that the selection is to be conducted by the

KPSC based on which rank list is to be published. It is further

stated that the petitioners have no right to claim temporary WP(C).No.24176 OF 2020

promotion invoking Rule 31(a)(1) of Part II KS & SSR.

5. It is submitted by the learned counsel for the

petitioners that the 52 vacancies in the 10% quota are lying

vacant and that the petitioners have approached the

respondents seeking provisional promotion against those

vacancies pending advice by the KPSC.

6. In the above view of the matter, there will be a

direction to the respondents to take up Exts.P11, P12 and

P13 representations preferred by the petitioners seeking

provisional promotion and to pass orders on the same within

a period of one month from the date of receipt of a copy of

this judgment.

The writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE Bng/22.02.2021 WP(C).No.24176 OF 2020

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1         TRUE COPY OF THE GOVERNMENT       ORDER
                   GO(MS)         NO.2/05/PD         DATED
                   THIRUVANANTHAPURAM 1.02.2005

EXHIBIT P2         TRUE   COPY   OF   THE  B.TECH   DEGREE

CERTIFICATE IN ELECTRICAL ENGINEERING AWARDED BY THE UNIVERSITY OF CALICUT TO THE 1ST PETITIONER

EXHIBIT P3 TRUE COPY OF THE B.TECH DEGREE CERTIFICATE IN ELECTRICAL ENGINEERING AWARDED BY THE UNIVERSITY OF CALICUT TO THE 2ND PETITIONER

EXHIBIT P4 TRUE COPY OF THE B.TECH DEGREE CERTIFICATE IN ELECTRICAL ENGINEERING AWARDED BY THE UNIVERSITY OF CALICUT TO THE 3RD PETITIONER

EXHIBIT P5 TRUE COPY OF THE ORDER NO EBI/AE-

AEWE/ELE/TEMPORARY PROMOTION/2019-20 DATED, THIRUVANANTHAPURAM, 5.3.2020 OF THE 3RD RESPONDENT

EXHIBIT P6 TRUE COPY OF THE ORDER NO EB19A)/AE(ELE)/158/2020 DATED THIRUVANANTHAPURAM 3.3.2020 OF THE 3RD RESPONDENT

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 14.9.2020 IN WA NO 1191/2020 OF THIS HON'BLE COURT

EXHIBIT P8 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE BOARD IN WP(C) NO 35921/2019 DATED 5.6.2020

EXHIBIT P9 TRUE COPY OF THE APPLICATION DATED 9.9.2020 SUBMITTED BY S. DEEPA UNDER THE RIGHT TO INFORMATION ACT BEFORE THE PUBLIC INFORMATION OFFICER WP(C).No.24176 OF 2020

EXHIBIT P10 TRUE COPY OF THE REPLY NO E.B79A)/R.T.I.A/288/2020 DATED 27.10.2020 ISSUED BY THE PUBLIC INFORMATION OFFICER

EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 13.2.2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT

EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 13.2.2020 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT

EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 13.2.2020 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 3RD RESPONDENT