Harilal D.S vs Kerala State Electricity Board ...
2022 Latest Caselaw 5373 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
        FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                        WP(C) NO. 16049 OF 2022
PETITIONER/S:

            HARILAL D.S.,
            AGED 40 YEARS
            S/O. SASIDHARAN C,
            D S NILAYAM, KUTTIYANI, PANTHALACODE P.O., VATTIPPARA,
            THIRUVANANTHAPURAM 695 028.
            BY ADVS.
            ARUN BABU
            ARUN K.J.


RESPONDENT/S:

    1       KERALA STATE ELECTRICITY BOARD LTD,
            REP. BY THE CHAIRMAN AND MANAGING DIRECTOR,
            VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM 695 004.
    2       THE CHIEF ENGINEER,
            (HUMAN RESOURCE MANAGEMENT) KERALA STATE ELECTRICITY
            BOARD LTD., VYDYUTHI BHAVANAM, PATTOM,
            THIRUVANANTHAPURAM. 695 004.
    3       EXECUTIVE ENGINEER,
            ELECTRICAL DIVISION, KAZHAKUTTOM, KERALA STATE
            ELECTRICITY BOARD LTD., THIRUVANANTHAPURAM 695 582.
    4       THE ASSISTANT ENGINEER,
            PETTAH SECTION, KERALA STATE ELECTRICITY BOARD LTD .,
            PATTOR ROAD, PETTAH, VANCHIYUR, THIRUVANANTHAPURAM 695
            035.
OTHER PRESENT:

            SC FOR KSEB K.S.ANIL
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16049 OF 2022
                                2

                         JUDGMENT

Dated this the 20th day of May, 2022

The petitioner is employed as Meter Reader in the

Kerala State Electricity Board Limited and his probation is

yet to be declared. The petitioner is aggrieved by inclusion

of his name in Ext.P4 provisional promotion list.

2. By Ext.P4, the petitioner is promoted as Sub-

Engineer and transferred from Electrical Section, Pettah to

the Electrical Section, Chirayinkeezhu.

3. Learned Counsel for the petitioner relied on

Clauses 2, 12 and 14 of Ext.P4 to contend that in the case

of those meter readers whose probation is not been

declared, neither promotion nor transfer can be effected.

4. Learned Standing Counsel for the Board

submitted that, if the petitioner is not accepting the

promotion, he has to relinquish his promotion by

submitting a request in the prescribed proforma. As the

petitioner has not submitted relinquishment in the

prescribed proforma, the Board had no opportunity to WP(C) NO. 16049 OF 2022

consider the reliquishment.

5. Learned Counsel for the petitioner submitted

that pending the writ petition, the petitioner submitted his

reliquishment in the prescribed form and drew attention to

Exts.P9 and P10 documents in support of the contentions.

As the petitioner is seen to have submitted

relinquishment in the prescribed form, it is for the second

respondent to consider the petitioner's reliquishment and

take an appropriate decision thereon as expeditiously as

possible. Till as a decision is taken on the petitioner's

relinquishment, further proceedings based on Ext.P4, in so

far as the petitioner is concerned, shall be kept in

abeyance.

The Writ Petition is disposed of accordingly.

Sd/-

V.G.ARUN JUDGE RK WP(C) NO. 16049 OF 2022

APPENDIX OF WP(C) 16049/2022

PETITIONER EXHIBITS Exhibit P1 ADVISE MEMO DATED 12/11/2015 ISSUED TO THE PETITIONER FROM THE STATE PUBLIC SERVICE COMMISSION.

Exhibit P2 APPOINTMENT MEMO DATED 22/12/2015 ISSUED BY K.S.E.B. TO THE PETITIONER IN THE POST OF METER READER.

Exhibit P3 THE ORDER DATED 17.08.2021 ISSUED BY THE CHIEF ENGINEER (HRM), K.S.E.B. LTD, THIRUVANANTHAPURAM.

Exhibit P4 THE ORDER DATED 06/05/2022 EB/2SE(ELE)/MR/PROV. PRO/22-23 ISSUED BY THE CHIEF ENGINEER, (HRM), K.S.E.B. LTD.

Exhibit P5 REPRESENTATION DATED 12/05/2022 MADE BY THE PETITIONER BEFORE THE RESPONDENTS 1,2,4.

Exhibit P6 E- MAIL COMMUNICATION DATED 12/5/2022 SENT BY PETITIONER ADDRESSED TO HUMAN RESOURCE WING OF THE BOARD.

Exhibit P7 RELIEVING MEMO DATED 13/05/2022 ISSUED TO THE PETITIONER BY THE EXECUTIVE ENGINEER, KAZHAKUTTAM.

Exhibit P8 TRUE COPY OF THE FORM OF RELINQUISHMENT GIVEN TO THE PETITIONER.

Exhibit P9 THE TRUE COPY OF THE STATEMENT OF RELINQUISHMENT SUBMITTED BY THE PETITIONER ON 16.05.2022 BEFORE THE 2ND RESPONDENT.

Exhibit P10 THE TRUE COPY OF THE COVERING LETTER DATED 16.05.22 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.