Sivadasan P.P vs Kerala State Electricity Board
2021 Latest Caselaw 13043 Ker

WP(C) NO. 11772 OF 2021        1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
    FRIDAY, THE 18TH DAY OF JUNE 2021 / 28TH JYAISHTA, 1943
                      WP(C) NO. 11772 OF 2021
PETITIONER:

          SIVADASAN P.P.
          AGED 49 YEARS
          S/O.VELAYUDHAN (LATE), WORKING AS LINEMAN GRADE-I,
          ELECTRICAL SECTION, PUTHENATHANI, UNDER ORDERS OF
          PROMOTION AS OVERSEER, ELECTRICAL SECTION,
          PUTNENATHANI, (ARU:ELECTRICAL DIVISION, TIRUR).

          BY ADVS.
          J.JULIAN XAVIER
          ASHA TREESA JOSE



RESPONDENTS:

    1     KERALA STATE ELECTRICITY BOARD
          REP. BY ITS SECRETARY, VYDHUTHI BHAVANAM, PATTOM
          P.O., PATTOM, THIRUVANANTHAPURAM PIN 695 004

    2     CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD
          LIMITED, VYDHUTHI BHAVANAM, PATTOM P.O., PATTOM,
          THIRUVANANTHAPURAM, PIN 695 004

          BY ADV.SMT.A.G.ANEETHA,
          SC, KERALA STATE ELECTRICITY BOARD-KSEB


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11772 OF 2021          2


                             JUDGMENT

Dated this the 18th day of June, 2021

Admit. Standing Counsel takes notice for the respondents.

Heard Sri Julian Xavier J. on behalf of the petitioner and learned

Standing Counsel on behalf of the respondents/KSEB.

2. The petitioner while working as Lineman Gr-I was promoted

to the post of Overseer as per Ext.P1 order dated 20.08.2020. The

grievance of the petitioner is that even though his name has been

included in the promotion list, his promotion is withheld for the

reason that there is difference between the name of the petitioner in

his SSLC certificate and the gradation list. It is pointed out that the

petitioner's name in the gradation is list is Sivadasan P.P., while his

name in SSLC certificate is Sivadasan Parammal Parambil. The

petitioner thereafter obtained Ext.P3 certificate from the Kondotty

Village Officer clarifying that both the above-said names refer to the

same person, i.e., the petitioner. Thereafter, necessary corrections

have been effected in the gradation list as evidenced by Ext.P4. The

grievance of the petitioner is that even though he had approached

the 2nd respondent requesting to withdraw the withholding of

promotion, he is still not allowed to function in the promoted post.

The petitioner has relied upon the judgment of this Court in W.P.

(C)No.26668/2020, which has been produced as Ext.P6. The

petitioners in the above said case had also complained that they

were not allowed to function as Overseers on account of minor

spelling mistakes in their names. This Court has in Ext.P6 directed

the respondents to immediately permit the petitioners therein to

function as Overseers on the strength of the order of promotion and

further directed the competent authorities to take up the

representation submitted by them and allow the corrections in their

names without any delay. I find considerable force in the contention

of the petitioner and do not find any reason to take a different view

than the one taken by this Court in Ext.P6 judgment.

3. In the result, the writ petition is allowed. The 2 nd respondent

is directed to permit the petitioner to function as Overseer on the

strength of Ext.P1 order dated 20.08.2020. If any further corrections

are required to be carried out regarding the name of the petitioner in

the official records of the respondents, the same shall also be done

within four weeks from the date of receipt of a certified copy of this

judgment.

Sd/--

T.R.RAVI JUDGE

dsn

APPENDIX OF WP(C) 11772/2021

PETITIONER ANNEXURE

Exhibit P1 TRUE COPY OF THE PROCEEDINGS NO.EB4(B)/OVER.(ELE)/PRO.90/2020 DATED 20.8.2020 INCLUDING RELEVANT PAGES OF THE ANNEXURE ATTACHED TO THE PROCEEDINGS ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE STANDARD X-EQUIVALENCY CERTIFICATE PUBLISHED ON 22.1.2019 IN THE CASE OF THE PETITIONER RELEVANT PAGE OF THE SSLC BOOK OF THE 1ST PETITIONER.

Exhibit P3 TRUE COPY OF THE ONE AND THE SAME CERTIFICATE ISSUED BY THE VILLAGE OFFICER KONDOTTY VILLAGE DATED 21.8.2020

Exhibit P4 TRUE COPY OF THE STATEMENT SHOWING THE PARTICULARS OF ADDITIONAL DATA INCLUDED IN THE PROVISIONAL GRADATION LIST OF LINEMAN- I, AS ON THE 1.3.2011

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 28.5.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 18.12.2020 IN WP (C) NO.26668/2020