Anish T.P vs Kerala State Electricity Board ...
2023 Latest Caselaw 8329 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
       TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                       WP(C) NO. 23338 OF 2023
PETITIONERS:

   1      ANISH T.P., AGED 43 YEARS, S/O. G. PRABHAKARAN NAIR.,
          WORKING AS SUB ENGINEER (ELE), KERALA STATE ELECTRICITY
          BOARD LTD., ELECTRICAL SECTION AMBALAPUZHA, RESIDING AT
          THALIYADIL HOUSE, K.R. PURAM, CHERTHALA, ALAPPUZHA
          DISTRICT, PIN - 688541

   2      LOVESON KUNJAPPAN, AGED 48 YEARS, S/O. KUNJAPPAN O.,
          WORKING AS SUB ENGINEER (ELE), KERALA STATE ELECTRICITY
          BOARD LTD., ELECTRICAL SECTION, THEVARA, RESIDING AT
          MANGALATHU, KODANTHURUTHU, KUTHIYATHODE P.O., ALAPPUZHA
          DISTRICT, PIN - 688533

   3      JAYESH K.P., AGED 44 YEARS, S/O. PUSHKARAN K.D., WORKING
          AS SUB ENGINEER (ELE), KERALA STATE ELECTRICITY BOARD
          LTD., ELECTRICAL SECTION, VYTTILA - 682 019., RESIDING AT
          KIZHAKKEVALAYIL, PATTANAKKADU P.O., CHERTHALA, ALAPPUZHA
          DISTRICT, PIN - 688531

            SAJITH KUMAR V.
            VIVEK A.V.
            GODWIN JOSEPH
            RONIT ZACHARIAH
            AKHIL VINAYAN


RESPONDENTS:

   1      KERALA STATE ELECTRICITY BOARD LIMITED
          REPRESENTED BY ITS SECRETARY (ADMINISTRATION), VYDHUTHI
          BHAVANAM, PATTOM, TRIVANDRUM, PIN - 695004

   2      THE CHIEF ENGINEER (HRM)
          KERALA STATE ELECTRICITY BOARD LIMITED, VYDHUTHI BHAVANAM,
          PATTOM, TRIVANDRUM, PIN - 695004

          BY ADV B.PRAMOD
          SRI.K.S.ANIL [ SC]


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23338 OF 2023
                                  2


                              JUDGMENT

The petitioners singularly seek a direction to the

respondents to revise Ext.P1 Gradation list, as ordered in

Ext.P11, adverting to Exts.P7 and P8 judgments, without any

avoidable delay.

2. Sri.Sajith Kumar V. - learned counsel for the petitioners,

vehemently argued that the inaction of the respondents in not

revising Ext.P1 in spite of the specific directions in Ext.P11 and

the aforementioned judgments, amounts to abdication of duty;

and thus prayed that the reliefs sought for in this writ petition

be granted.

3. Sri.K.S.Anil - learned standing counsel for the KSEB,

affirmed that Ext.P11 order has been issued and that Exts.P7

and P8 judgments contain very specific observations and

directions. He, therefore, prayed that the competent among the

respondents be allowed a month's time to revise Ext.P1

adverting to Ext.P11 order.

4. When I consider the afore submissions, it is without

doubt that when Ext.P11 order is conceded, a revision of Ext.P1

Gradation List becomes inevitable. This is more so on account

of the directions and declarations in Exts.P7 and P8 judgments. WP(C) NO. 23338 OF 2023

5. Resultantly, I allow this writ petition acceding to the

afore suggestion of Sri.K.S.Anil and directing the competent

respondents to ensure that all action, as ordered in Ext.P11, is

completed, adverting to Exts.P7 and P8 judgments; thus

culminating in an appropriate order and necessary action

thereon, as expeditiously as is possible, but not later than one

month from the date of receipt of a copy of this judgment.

Needless to say, since I have not entered into the merits of

any of the rival contentions, all of them are left open, so that

the petitioners can impel it, if so required, in future.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 23338 OF 2023

APPENDIX OF WP(C) 23338/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE NOTICE NO.

EB.GR3/SE(ELE)/SL/2021 DATED 14.06.2021 ISSUED BY THE 2ND RESPONDENT ALONG WITH THE RELEVANT PAGES OF THE PROVISIONAL GRADATION LIST

Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF THE ORDER NO. EB2/SE(ELE)/PRO-60% DATED 08.07.2010 ISSUED BY THE 2ND RESPONDENT

Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF THE FINAL GRADATION LIST ISSUED AS PER ORDER NO. EB.GR.3/MR/2011-12 DATED 16.05.2012 BY THE 2ND RESPONDENT

Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 12.07.2021 SUBMITTED BY THE 3RD PETITIONER TO THE 2ND RESPONDENT THROUGH PROPER CHANNEL

Exhibit P5 A TRUE COPY OF THE FORWARDING LETTER DATED 14.07.2021 ISSUED BY THE ASSISTANT ENGINEER, VYTTILA TO THE 2ND RESPONDENT

Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED 09.08.2021 SUBMITTED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT THROUGH PROPER CHANNEL.

Exhibit P7 A TRUE COPY OF JUDGMENT DATED 19.11.2009 IN W.P.(C) NO. 21302/2008 OF THE HON'BLE HIGH COURT

Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 04.06.2012 IN R.P. NO. 83/2010 IN W.P.(C) NO. 21302/2008 OF THIS HON'BLE COURT

Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED 04.06.2012 IN W.P.(C) NO. 19222/2011 AND CONNECTED CASES WP(C) NO. 23338 OF 2023

Exhibit P10 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.

17677 OF 2021 DATED 26.07.2022

Exhibit P11 A TRUE COPY OF THE ORDER NO.

EB.GR3/SE(ELE)/WP(C)17677/2021 DATED 27.01.2023 ISSUED BY 2ND RESPONDENT