Jayasree B.K vs Kerala State Electricity Board - ...
2022 Latest Caselaw 4057 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                     THE HONOURABLE MR.JUSTICE V.G.ARUN
         THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                           WP(C) NO. 13754 OF 2021
PETITIONERS:

     1      JAYASREE B.K
            AGED 54 YEARS
            W/O.D.RAMESH KUMAR,ASSISTANT ENGINEER(ELE.),KOLLAM DISTRICT-
            691506.RESIDING AT AT 'KRISHNAKRIPA',JANANI NAGAR-33,
            KADAPPAKADA.P.O, KOLLAM-8,
            PH:9446963812.
     2      SHANY VARGHESE,
            AGED 49 YEARS
            D/O.T.J.VARKEY,ASSISTANT ENGINEER(ELE),66 KV SUB STATION,
            KULAMAVU,IDUKKI DISTRICT-685601,
            RESIDING AT KOLLAMPLAKKAL HOUSE,THODUPUZHA.P.O-685584.
            PH:8547563204.
            BY ADVS.
            ELVIN PETER P.J.
            K.R.GANESH
            SIDHARTH SUDHEER
            GOURI BALAGOPAL


RESPONDENTS:

     1      KERALA STATE ELECTRICITY BOARD
            REPRESENTED BY ITS SECRETARY,
            VAIDYUTHI BHAVANAM,PATTOM.P.O,
            THIRUVANANTHAPURAM-695004.
     2      THE SECRETARY
            KERALA STATE ELECTRICITY BOARD LIMITED,VAIDYUTHI BHAVANAM,
            PATTOM.P.O,THIRUVANANTHAPURAM-695004.
     3      THE CHIEF ENGINEER(HRM),
            KERALA STATE ELECTRICITY BOARD LTD,
            VAIDYUTHI BHAVANAM,PATTOM.P.O,
            THIRUVANANTHAPURAM-695004.
            BY ADVS.
            N.SATHEESH
            SRI.K.S.ANIL, STANDING COUNSEL, KSEB



     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.C. No.13754 of 2021
                                     2




                           JUDGMENT

Dated this the 07th day of April, 2022

The petitioners were appointed as Assistant

Engineers (Ele) in the 10% quota reserved for

qualified in-service personnel. The long drawn legal

battle relating to the method of appointment to the

post of Assistant Engineer (Ele) ended with the

judgment of a Division Bench in Writ Appeal

No.2221/2019. Even though, the judgment was in

the petitioners' favour, they were aggrieved by the

fact that, instead of the 94 vacancies that was

existing as on 31.01.2005, this Court found the

vacancies to be 66. The review petition filed in the

matter was disposed of by Ext.P14 order, leaving it

open for the petitioners to point out the actual

vacancies before the Board. Accordingly, the

petitioners filed representations before the Board

along with Exts.P11, P12 and P13 documents to

prove that the actual vacancies were 94 as on W.P.C. No.13754 of 2021

31.01.2005. Later, by Ext.P17 judgment, the Board

was directed to consider the representations. In

purported compliance of the direction, the Board

has issued Ext.P18 order.

2. Learned Counsel for the petitioners submitted

that Ext.P18 is ex facie illegal, in as much as

Exts.P11, P12 and P13 documents, which are

crucial for deciding the number of vacancies, were

not taken into consideration. Surprisingly, the Chief

Engineer went on to hold that the petitioners were

not able to let in solid evidence to prove the

existence of more than 66 vacancies as on

31.01.2005.

3. In the counter affidavit filed on behalf of the

Board, except stating that Ext.P11 file note cannot

be the basis of reckoning vacancies, no mention is

made about Exts.P12 and P13 documents.

4. Learned Counsel for the petitioners referred

to the exhibits to demonstrate the existence of 94

vacancies. In any event, when documents are W.P.C. No.13754 of 2021

produced to substantiate a claim, the Officials

concerned should consider those documents before

hastily coming to the conclusion that only 66

vacancies existed as on 31.01.2005. In addition to

Exts.P11, P12 and P13, the petitioners have now

produced Exts.P20, P21 and P22 in attempt to

further substantiate their contention.

5. Ext.P18 order being apparently bad for

non-application of mind, the order is liable to be set

aside and I do so.

As the first petitioner is due to retire on

30.04.2022, the third respondent is directed to

reconsider Exts.P15 and P16 representations and

pass a reasoned order thereon with specific

reference to Exts.P11, P12 and P13. To effectuate

proper consideration of the issue, the petitioners

shall produce a copy of this writ petition along with

Exts.P20, P21 and P22. The order, as directed

above, shall be passed at the earliest and at any

rate, before 30.04.2022, after affording an W.P.C. No.13754 of 2021

opportunity of hearing to one among the petitioners

or their duly authorised representative.

Sd/-

V.G. Arun

JUDGE NB/07.04 W.P.C. No.13754 of 2021

APPENDIX OF WP(C) 13754/2021

PETITIONER EXHIBITS EXHIBIT P1 TR9UE COPY OF THE BOARD ORDER NO.EB.IV-17426/70 DATED 09.12.1970.

EXHIBIT P2 TRUE COPY OF THE AMENDED GOVT. ORDER G.O.

(MS)NO.13/90 FD DATED 21.03.1990. EXHIBIT P3 TRUE COPY OF THE BOARD ORDER B.O.NO.IST/84/88(18)DATED 10.04.1990. EXHIBIT P4 TRUE COPY OF THE CIRCULAR NO.EB1(A)AE(E)/TEM/2004/475 DATED 17.05.2004. EXHIBIT P5 TRUE COPY OF THE ORDER NO.EBI(A)/AE/158/2004 DATED 15.06.2004.

EXHIBIT P6 TRUE COPY OF THE GOVERNMENT ORDER G.O.

(MS)NO.2/05/PD DATED 01.02.2005. EXHIBIT P7 TRUE COPY OF THE ORDER NO.EB/GR.3/CADRE STRENGTH/03 DATED 27.11.2004 ISSUED BY THE 3RD RESPONDENT ALONG WITH THE APPENDED SENIORITY LIST.

EXHIBIT P8 TRUE COPY OF THE LETTER NO.EB1/AE(ELE)/INCUMBENCY/05 DATED 08.02.2005. EXHIBIT P9 TRUE COPY OF THE BOARD ORDER NO.389/99(LASi/AE/ 3584/92)DATED 12.02.1999 REVERTING THE PETITIONERS.

EXHIBIT P10 TRUE COPY OF THE BOARD ORDER NO.EB1(A)/AE/(ELE)/158/2018 DATED 12.07.2018 REVERTING THE PETITIONERS.

EXHIBIT P11 TRUE COPY OF THE NOTE PREPARED BY THE DY. CHIEF ENGINEER DATED 05.08.2002 TO BE PLACED BEFORE THE SECRETARY,KERALA STATE ELECTRICITY BOARD. EXHIBIT P12 TRUE COPY OF THE NAMES OF 25 ASSISTANT ENGINEERS WHO RETIRED DURING THE PERIOD 31.12.2001 TO 31.01.2005.

EXHIBIT P13 TRUE COPY OF THE NAMES OF 25 ASSISTANT ENGINEERS WHO WERE PROMOTED AS ASSISTANT EXECUTIVE ENGINEER DURING THE PERIOD 31.12.2001 TO 31.01.2005.

EXHIBIT P14 TRUE COPY OF THE ORDER DATED 25.09.2020 IN R.P.NO.297/2020 IN W.A.NO.2221/2019 OF THIS HON'BLE COURT.

EXHIBIT P15 TRUE COPY OF THE REPRESENTATION DATED 08.10.2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT.

W.P.C. No.13754 of 2021

EXHIBIT P16 TRUE COPY OF THE REPRESENTATION DATED 08.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3D RESPONDENT.

EXHIBIT P17               TRUE COPY OF THE JUDGMENT DATED 17.02.2021
                          PASSED    BY     THIS HON'BLE  COURT    IN
                          W.P(C)NO.4052/2021.
EXHIBIT P18               TRUE       COPY        OF       THE       ORDER
                          NO.EB1(A)/AE/(E)/WP(C)NO.4052/2021        DATED

19.04.2021 OF THE 3RD RESPONDENT. EXHIBIT P19 TRUE COPY OF THE JUDGMENT DATED 21.06.2005 IN W.P.(C)NO.22628/2003 PASSED BY THIS HON'BLE COURT.

EXHIBIT P20 TRUE PHOTOCOPY OF THE DETAILS OF THE PERSONS WHO RETIRED FOR THE PERIOD FROM 31.12.2001 TO 31.01.2005 EXHIBIT P21 TRUE PHOTOCOPY OF THE LIST OF PERSONS WHO WERE PROMOTED AS ASSISTANT EXECUTIVE ENGINEERS IN THE 10% QUOTA OF ASSISTANT ENGINEERS DURING THE PERIOD FROM 22.12.2001 TO 31.01.2005 EXHIBIT P22 TRUE PHOTOCOPY OF THE LIST OF INCUMBENTS TAKEN LWA FROM THE 10% QUOTA OF ASSISTANT ENGINEER BETWEEN 22.12.2001 TO 31.01.2005

RESPONDENTS' EXHIBITS NIL TRUE COPY

P.A. TO JUDGE