Kerala High Court
Prakasan N.K. vs Prakasan N.K. on 14 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942
RP.No.763 OF 2020 IN WA. 2177/2019
AGAINST THE JUDGMENT IN WA 2177/2019 IN W.P.(C) NO.29435/2018 OF
HIGH COURT OF KERALA DATED 28.02.2020
REVIEW PETITIONERS/RESPONDENTS 4,5,6,9 & 10 IN WA:
1 PRAKASAN N.K., ASSISTANT ENGINEER, KERALA STATE
ELECTRICITY BOARD LIMITED, KOZHIKODE DIESEL POWER
PROJECT, KOZHIKODE 673 028 (NOW WORKING AS ASSISTANT
ENGINEER, ELECTRICAL SECTION, PERUMANNA 673 019)
2 HARIDASAN P.K, ASSISTANT ENGINEER,
KERALA STATE ELECTRICITY BOARD LIMITED,
110 K V SUB STATION, KOYILANDY 673 305.
3 ABDUNNASIR T, ASSISTANT ENGINEER,
KERALA STATE ELECTRICITY BOARD LIMITED,
ELECTRICAL SECTION, KADALUNDI, KOZHIKODE 673 302
(NOW WORKING AS ASSISTANT ENGINEER, SOURA DIVISION,
KOZHIKKODE 673 011)
4 PUNNEN ITTY, ASSISTANT ENGINEER,
KERALA STATE ELECTRICITY BOARD LIMITED,
T.C SECTION, POOVANTHURUTHU, (NOW WORKING AS
ASSISTANT ENGINEER, ELECTRICAL SECTION, KOTTAYAM EAST
686 001)
(LINE MAINTENANCE SECTION, POOVANTHURUTHU)
KOTTAYAM 686 012.
5 PRATHAPAN M.P, ASSISTANT ENGINEER,
KERALA STATE ELECTRICITY BOARD LIMITED,
ELECTRICIAL SECTION, PANMANA, KOLLAM 691 583.
BY ADVS.
SRI.M.R.ANISON
SRI.G.HARIKUMAR (GOPINATHAN NAIR)
RP.No.763 OF 2020 IN WA. 2177/2019
RESPONDENTS/APPELLANTS 1 TO 7 & RESPONDENTS T TO 3, 7,8, 11 TO
28 IN W.A.:
1 SREEKUMAR S., AGED 50 YEARS
ASSISTANT ENGINEER (ELECTRICAL),
OFFICE OF THE CHIEF VIGILANCE OFFICER,
VAIDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM 695 004.
2 SURESH KUMAR S,
NODAL OFFICER , (I) ELECTRICAL CIRCLE,
KATTAKADA, THIRUVANANTHAPURAM -695 572.
3 ANIL S, ASSISTANT ENGINEER (ELECTRICAL),
SHEP, EPPARA, THIRUVANANTHAPURAM 695 551
4 AJAYAKUMAR V.P,
ASSISTANT ENGINEER (ELECTRICAL), RAP DRP DIVISION,
THIRUVANANTHAPURAM 695 121.
5 MUHAMMED RAFI M,
ASSISTANT ENGINEER (ELECTRICAL),
ELECTRICAL SECTION, POOJAPPURA,
THIRUVANANTHAPURAM 695 012
6 BINDU S, ASSISTANT ENGINEER,
ELECTRICAL SECTION, PEROORKADA, TVM 695 005
7 KALESH K RAJ,
ASSISTANT ENGINEER (ELECTRICAL),
110 KVC SUB STATION,
KOZHANCHERRY, PATHANAMTHITTA 689 641
8 THE KEREALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARIAT,
VAIDHYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM 695 004
9 THE CHIEF ENGINEER (HRM)
KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVAN,
PATTOM, THIRUVANANTHAPURAM 695 004
10 ANIL KUMAR P,
ASSISTANT ENGINEER, KOTTAKKAL ELECTRICAL SECTION,
MALAPPURAM 676 102.
11 ALIAS P. THOMAS,
ASSISTANT ENGINEER, LINE CONSTRUCTION SECTION,
VADAKARA, KOZHIKODE 673 101.
12 ANIL KUMAR B.S, ASSISTANT ENGINEER, ELECTRICAL
RP.No.763 OF 2020 IN WA. 2177/2019
SECTION, AMBOORI, THIRUVANANTHAPURAM 695 505
13 KURIAN K. KOSHY,
ASSISTANT ENGINEER, ELECTRICAL SECTION,
EAST KALLADA, KOLLAM 691 001
14 SAILAJITH LAL,
ASSISTANT ENGINEER, 220 K SUB ELECTRICAL CIRCLE,
THIRUR, MALAPPURAM 676 101
15 SREEKALA O.P, ASSISTANT ENGINEER,
ELECTRICAL SECTION, KULATHOOR 695 132.
16 MANOJ T.V,
ASSISTANT ENGINEER, TRANSGRID DIVISION,
KOZHIKODE 673 005
17 PRAKASH R,
ASSISTANT ENGINEER, 220 SUB STATION,
POTHENODE, THIRUVANANTHAPURAM 695 032.
18 SABITHA K,
ASSISTANT ENGINEER, 110 KV, STATION, PANUR,
THALASSERI 670 235
19 FRINI T.F,
ASSISTANT ENGINEER, GENERATING STATION,
PERINGALKUTHU, THRISSUR 670 235
20 JAGADEESAN C,
ASSISTANT ENGINEER, KANNUR 670 002
21 HARIDASAN C,
ASSISTANT ENGINEER, ELECTRICAL SECTION, MEPPADI,
WAYANAD DIST 673 577
22 JESSY MATHEW,
ASSISTANT ENGINEER, ELECTRICAL DIVISION,
KARUNAGAPPALLY, KOLLAM 690 518
23 SANTHOSH BABU,
ASSISTANT ENGINEER, 110 KV SUB STATION, PERINAD,
KOLLAM 691 601.
24 JINAN M.P,
ASSISTANT ENGINEER, GENERATION SUB STATION,
PANNIYOOR 670 142
25 BENNY PAUL,
ASSISTANT ENGINEER, ELECTRICAL DIVISION,
RP.No.763 OF 2020 IN WA. 2177/2019
PREUMBAVOOR, ERNAKULAM DIST 683 542
26 MANOJ MATHEW,
ASSISTANT ENGINEER, ELECTRICAL SECTION KADAPPA,
KOLLAM 690 519
27 PRASAD N.S, ASSISTANT ENGINEER,
KERALA STATE ELECTRICITY BOARD LTD,
TRANSMISSION CONSTRUCTION SECTION, ERUMELY,
110 KV SUB STATION, KANAKAPPALAM, KOTTAYAM 686 509
28 ALIAS P. THARAKAN, ASSISTANT ENGINEER,
KERALA STATE ELECTRICITY BOARD LTD,
PET SUB DIVISION, HMT COLONY P.O,
KALAMASSERY 683 503
29 MANOJ R, ASSISTANT ENGINEER,
KERALA STATE ELECTRICITY BOARD LTD,
TRANSMISSION CONSTRUCTION SECTION, MUTTOM,
THODUPUZHA, IDUKKI 685 587
30 SHAJU M.V, ASSISTANT ENGINEER,
KERALA STATE ELECTRICITY BOARD LTD,
220 KV SUB STATION, KALLIPADAM P.O, SHORANUR,
PALAKKAD 679 122.
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 14.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP.No.763 OF 2020 IN WA. 2177/2019
ORDER
Shaffique, J
This review petition has been filed alleging that there is
error apparent on the face of record. WP(C) No. 29435/2018
was filed by respondents 1 to 7 herein, challenging validity
of the board order dated 12/7/2018 by which petitioners
were appointed as Assistant Engineers (Electrical) w.e.f.
5/11/2007. Their claim was that they were entitled to be
promoted effective from 15/6/2004. The matter was heard
along with certain connected writ petitions and by common
judgment dated 2/9/2019, the learned Single Judge directed
the Board to undertake a fresh exercise to regularize
vacancies which arose after 10/6/2002 and to prepare a list
without affecting the selection conducted in the year 2002.
2. WA No.2177/2019 was filed by respondents 1 to 7
challenging the common judgment. Two other appeals were
also heard along with the above appeal viz., WA Nos.2220
and 2221/2019. Those two appeals viz., WA Nos. 2220 and
2221/2019 were allowed whereas WA No. 2177/2019 was
dismissed. Board was directed to draw Assistant Engineers'
seniority list by applying Rule 10(ab) and Rule 28 (b)(i)(7)
RP.No.763 OF 2020 IN WA. 2177/2019
r/w Note (vi) of KS & SSR. Respondents 4, 5, 6, 9 and 10
in WA No.2177/2019 have preferred this review petition.
One of the main grounds urged is that direction issued by
this Court in paragraph 36 of the judgment relying on Rule
10(ab) of KS & SSR is liable to be reviewed so also the
direction that the seniority of the 10% in-service Assistant
Engineers has to be fixed based on the length of service
after acquisition of degree qualification in terms of Rule
28(b)(i)(7) Note (vi) of KS & SSR. Contention urged is that
those rules do not apply to the factual situation. These
issues have been specifically considered by us in the
impugned judgment and had arrived at a finding which
cannot be stated as an error apparent on the face of record.
Certain other grounds urged are also touching the merits of
the findings made by us in the judgment, which do not
warrant review.
Under such circumstances, we do not find any ground to
review the judgment. Review petition is dismissed.
Sd/-
A.M.SHAFFIQUE, JUDGE
Sd/-
MARY JOSEPH, JUDGE
AMV/14.01.2021
