Bedarudeen S vs Kerala State Electricity Board ...
2021 Latest Caselaw 7575 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

                        WP(C).No.5625 OF 2021(C)


PETITIONER:

                BEDARUDEEN S
                AGED 54 YEARS
                S/O USMAN,
                WORKING AS LINEMAN GRADE-1,
                ELECTRICAL SECTION, BADIADKKA,
                UNDER ORDERS OF PROMOTION AS OVERSEER, ELECTRICAL
                SECTION, BADIADKKA,
                (ARU - ELECTRICAL DIVISION, KASARGOD).

                BY ADV. SRI.V.SETHUNATH

RESPONDENT/S:

      1         KERALA STATE ELECTRICITY BOARD LIMITED
                REPRESENTED BY ITS SECRETARY,
                VYDHUTHI BHAVANAM,
                PATTOM P.O., PATTOM, THIRUVANANTHAPRUAM, PIN-695004.

      2         CHIEF ENGINEER
                (HRM), KERALA STATE ELECTRICITY BOARD LIMITED,
                VYDHUTHI BHAVANAM, PATTOM.P.O., PATTOM,
                THIRUVANANTHAPURAM, PIN-695004.


                ASHOK M CHERIAN SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5625 OF 2021(C)

                                   2




                             JUDGMENT

Dated this the 4th day of March 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 2nd respondent to declare that the defect pointed out by the 2nd respondent is already cured and further direct the 2nd respondent to effect promotion of the petitioner as Overseer as per Exhibit.P1 proceedings.

(ii) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to forthwith permit the petitioner to carry out the duties attached to the post of Overseer in the light of promotion order given to the petitioner as evidenced by Exhibit P1.

2. Heard the learned counsel for the petitioner and the

learned standing counsel appearing for the respondents.

3. It is submitted by the learned counsel for the petitioner

that the petitioner is eligible and due to be promoted as Overseer

in the KSEBL. However, he has not been so promoted. The

petitioner has preferred Ext.P4 representation before the 2 nd

respondent.

WP(C).No.5625 OF 2021(C)

4. Having heard the learned standing counsel also, I am

of the opinion that since the petitioner has preferred Ext.P4

representation before the 2nd respondent, the same is liable to

be considered in accordance with law.

In the above view of the matter, there will be a direction to

the 2nd respondent to take up, consider and pass orders on Ext.

P4 representation preferred by the petitioner and to pass orders

thereon, within three weeks from the date of receipt of a copy of

this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

ssa WP(C).No.5625 OF 2021(C)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS NO.EB4(B)/OVR.

(ELE)/PRO.90/2020 DATED 20.08.2020 INCLUDING RELEVANT PAGE OF THE ANNEXURE ATTACHED TO THE PROCEEDINGS ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P1(A) TRUE COPY OF THE IDENTITY CARD ISSUED BY THE ASST EXECUTIVE ENGINEER, ELECTRICAL SUB STATION, PATHANAMTHITTA.

EXHIBIT P1(B) TRUE COPY OF THE IDENTITY CARD ISSUED BY THE CHIEF ENGINEER (HRM), KSEB, PATTOM.

EXHIBIT P(C) THE TRUE COPY OF THE IDENTITY CARD ISSUED BY THE ASST EXECUTIVE ENGINEER, ELECTRICAL SUB STATION, PATHANAMTHITTA.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE SSLC BOOK OF THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE ONE AND THE SAME CERTIFICATE ISSUED BY THE VILLAGE OFFICER, PATHANAMTHITTA VILLAGE DATED 25/08/2020.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 26/8/2020 SUBMITTED THROUGH PROPER CHANNEL BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WPC NO 26668/2020 OF THIS HONOURABLE COURT, DATED 18/12/2020.