Kerala High Court
Aji. A.S vs Abhilash A.V on 30 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
WA NO. 1223 OF 2021
AGAINST THE ORDER/JUDGMENT IN WP(C) 25076/2020 OF HIGH COURT OF
KERALA, ERNAKULAM
APPELLANTS/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 LTD, 66 KV SUB STATION,
PANAMPALLI NAGAR, COCHIN - 682036, ERNAKULAM,
RESIDING AT D-6, KSEB QUARTERS, KASTURBA NAGAR,
COCHIN - 682020, ERNAKULAM DISTRICT.
2 SIVADASAN S.
AGED 41 YEARS
S/O. SWAMINATHAN, ASSISTANT ENGINEER (ELECTRICAL),
KERALA STATE ELECTRICITY BOARD LTD, 110KV SUB STATION,
KALOOR, COCHIN - 682017,
RESIDING AT D-4, 110 K.V. SUB STATION, KALOOR,
COCHIN - 682017, ERNAKULAM DISTRICT.
BY ADVS.
SRI.ELVIN PETER P.J.
SRI.K.R.GANESH
SRI.SIDHARTH SUDHEER
SMT.GOURI BALAGOPAL
RESPONDENTS/PETITIONERS & RESPONDENTS IN THE WRIT PETITION:
1 ABHILASH A.V.
AGED 46 YEARS
ASSISTANT ENGINEER, TRANSGRID T.C., SUB DIVISION,
MALAPPARAMBA, KERALA STATE ELECTRICITY BOARD LTD,
MALAPPURAM - 673009.
W.A.No.1223/2021 2
2 BIJU K.G.
ASSISTANT ENGINEER, ELECTRICAL SECTION
PERUMBAVOOR,
KERALA STATE ELECTRICITY BOARD LTD,
ERNAKULAM DISTRICT - 683542.
3 NIJAM.N.,
ASSISTANT ENGINEER, ELECTRICAL SECTION
VAMANAPURAM,
KERALA STATE ELECTRICITY BOARD LTD,
THIRUVANANTHAPURAM DISTRICT - 695606.
4 PAUL P.T
ASSISTANT ENGINEER, ELECTRICAL SECTION -
PUTHUCODE,
KERALA STATE ELECTRICITY BOARD LTD, 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,
VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM -
695004, REPRESENTED BY ITS SECRETARY.
7 THE SECRETARY,
KERALA STATE ELECTRICITY BOARD LIMITED, VYDHUTHI
BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695004,
BY ADVS. SRI.B.UNNIKRISHNA KAIMAL,
SR.GOVT.PLEADER
SMT. A.G.ANEETHA,SC
SRI..BRIJESH MOHAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A.No.1223/2021 3
ALEXANDER THOMAS & A. BADHARUDEEN, JJ.
================================
W.A No.1223 of 2021
[arising out of the impugned judgment dated 17.11.2020 of the learned Single Judge in
W.P(C).No.25076/2020]
================================
Dated this the 30th day of September, 2021
JUDGMENT
ALEXANDER THOMAS, J.
This appeal has been filed by a third party to impugn the
judgment dated 17.11.2020 rendered by the learned Single Judge in
W.P(c).No.25076 of 2020.
2. Heard Sri. P.J. Elvin Peter, learned counsel appearing for
the appellants in the W.A/third party in the W.P(c), Sri.Brijesh
Mohan, learned counsel appearing for R1 to R4 in the W.A./writ
petitioners, Sri. B.Unnikrishna Kaimal, learned Senior Government
Pleader appearing for R5 in the W.A (State of Kerala) and Smt.
A.G.Aneetha, learned Standing Counsel for K.S.E.B appearing for R6
and R7 in the W.A.
3. The writ petitioners in the above W.P(c) are holding the
post of Assistant Engineers having diploma qualification and they
claimed in the W.P(C) that they are entitled for promotion without
stagnation to the next higher category post of Assistant Executive
Engineers. Further that based on Ext.P1 decision dated 26.2.2011 of
the respondent K.S.E.B, the Government had issued Ext.P2 G.O(MS)
No.4/2014/PD dated 13.02.2014, whereby 167 posts of Assistant
Engineers in the K.S.E.B were upgraded as Assistant Executive
Engineers, subject to certain conditions. The writ petitioners would
claim that all the Assistant Engineers in the degree quota had been
accommodated against their quota/regular vacancies and likewise
Assistant Engineers in the diploma quota are to be accommodated in
the Assistant Executive Engineers for which the benefit of Ext.P2
order was to be extended to them, etc. Pointing out the said
grievance, the writ petitioners and others had preferred Ext.P3
representation dated 27.10.2020 before the competent authority of
the respondent State Government in the Power Department, wherein
the request is to invoke the discretionary power under Rule 31 of Part
II KS&SSR. In the light of these aspects that the writ petitioners filed
the instant W.P(C).No.25076/2020 with the following prayers: (see
page No.111 of the paper book of this W.A)
"i. Issue a Writ of Mandamus or any other appropriate
writ, order or direction, directing the 1 st respondent to dispose of
Ext-P3 representation without delay;
ii. Issue such other and further reliefs as this
Honourable Court may deem fit and proper in the facts and
circumstances of the case; and
iii. Award costs to the petitioner."
4. The learned Single Judge, after hearing the learned
counsel for the writ petitioners and the respondents therein, as per
the impugned judgment dated 17.11.2020 has disposed of
W.P(c).No.25076/2020, by ordering that the competent authority of
the State Government in the Power Department will take up for
consideration the matter in Ext.P3 representation and may dispose of
the same after affording an opportunity of being heard to the writ
petitioners, either in person or through video conferencing, and to
ensure that an appropriate decision is taken thereon within two
months from the date of receipt of a copy of this judgment. Further
that depending upon the decision to be so taken by the Government
on Ext.P3 representation as supra, the respondent K.S.E.B has been
directed to issue consequential orders of promotions without any
further delay thereafter, etc.
5. Now the appellants herein, who are the third parties to the
W.P(C), have filed the instant Writ Appeal after securing third party
leave to appeal. The claim of the writ appellants is that they are
holding the post of Assistant Engineers in the degree quota and that
they also have the right to be considered for the consequential
promotion sought for in Ext.P3 representation on the basis of Ext.P2
decision of the Government, etc. The said plea of the writ appellants
are rebutted by the writ petitioners. There is no necessity for us to
resolve the said dispute between the writ appellants and the writ
petitioners. Since the writ appellants also claim that they are directly
affected by the outcome of the decision to be taken by the respondent
State Government on Ext.P3 representation, it is ordered, and that
too, without getting into the merits of the controversy in any manner,
that the competent authority of the State Government before
considering and disposing of Ext.P3 representation will also afford
notices of hearing to the writ appellants as well as the writ petitioners
and then may ensure that both the writ petitioners and the writ
appellants may be afforded reasonable opportunity of being heard,
either in person or through their authorised representative or
counsel, if any, and orders thereon may be passed within two months
from the date of receipt of a copy of this judgment. The hearing
process may be either in the physical mode or through video
conferencing, as may be deemed fit by the competent authority State
Government. We make it clear that we have not entered into the
merits of the controversy in any manner and it is for the competent
authority State Government to decide the matter independently and
in accordance with law. The impugned judgment of the learned
Single Judge in the above W.P(C) will stand modified as above.
With these observations and directions, the above W.A will
stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
A. BADHARUDEEN, JUDGE
rtr/
APPENDIX OF WA 1223/2021
PETITIONERS' ANNEXURES:
ANNEXURE A1 TRUE COPY OF THE ADVICE MEMO NO.RIB (2)
21111/ 09/GW/220 DATED 04.08.2009 ISSUED
TO THE 1ST APPELLANT.
ANNEXURE A2 TRUE COPY OF THE APPOINTMENT ORDER
NO.EB.1(A)/ AE(ELE)/158/220/2009 DATED
04.11.2009 ISSUED TO THE 1ST APPELLANT.
ANNEXURE A3 TRUE COPY OF THE PROCEEDINGS B.O(FM)
NO.623/ 2011/CE (HRM) GNL/2/AE-AEE(E)
2011 DATED 26.02.2011 ISSUED BY THE
BOARD,
ANNEXURE A4 TRUE COPY OF THE GOVERNMENT ORDER
G.O(MS) NO.4/ 2014/PD DATED 13.02.2014.
ANNEXURE A5 TRUE COPY OF THE BOARD ORDER
NO.EB.1/AE(E)-AEE(E)/PRO/DEGREE/2014/150
DATED 01.03.2014.
ANNEXURE A6 TRUE COPY OF THE BOARD ORDER
NO.EB/1/AE(E)-
AEE(E)/PRO/DIPLOMA/UPGRADATION/2014
DATED 04.03.2014.
ANNEXURE A7 TRUE COPY OF THE BOARD ORDER
NO.EB.1/AE(E)-AEE(E)/PRO/DEGREE/2014
DATED 11.06.2014.
ANNEXURE A8 TRUE COPY OF THE BOARD ORDER
NO.EB.1/AE(E)-AEE(E)/PRO/DEGREE/2014
DATED 12.03.2015.
ANNEXURE A9 TRUE COPY OF THE BOARD ORDER
NO.EB.1AE/AE/(E)-AEE(E)/PRO/DIPLOMA/2014
DATED 11.06.2014.
ANNEXURE A10 TRUE COPY OF THE BOARD ORDER NO.EB.1/AE/
AEE/UG/REGN/2015 DATED 30.05.2015.
ANNEXURE A11 TRUE COPY OF THE PROCEEDINGS OF THE 14TH
LEGISLATIVE ASSEMBLY HELD ON 21.06.2019.
ANNEXURE A12 TRUE COPY OF THE BOARD ORDER NO.EB1/A3-
AEE/ELE/TEMPORARY PROMOTION/2019-20
DATED 05.03.2020.
ANNEXURE A13 TRUE COPY OF THE BOARD ORDER
B.O(FTD).NO.628/2019 (ESTT.III/T&P/EE
(ELE)2019 DATED 17.08.2019.
ANNEXURE A14 TRUE COPY OF THE BOARD ORDER B.O (FTD)
NO. 850/2019 (ESTT.III/T&P/EE (ELE)2019
DATED 20.11.2019.
ANNEXURE A15 TRUE COPY OF THE BOARD ORDER B.O (FTD)
NO.161/ 2020(ESTT.III/T&P)EE (ELE)2019
DATED 05.03.2020.
ANNEXURE A16 TRUE COPY OF THE OFFICE ORDER (CMD)
NO.898/2020 (ESTT.III/T&P/EE(ELE)2019)
DATED 19.06.2020.
ANNEXURE A17 TRUE COPY OF THE JUDGMENT DATED
14.09.2020 IN WA NO. 1191/2020.
ANNEXURE A18 TRUE COPY OF THE JUDGMENT DATED
04.08.2021 IN RP NO.510/2021.
