Kerala High Court
Jaison A.J vs Kerala State Electricity Board ... on 14 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
WP(C) NO. 10857 OF 2023
PETITIONER:
JAISON A.J., AGED 50 YEARS, S/O A.T. JOSEPH
ASSISTANT EXECUTIVE ENGINEER, EMPLOYEE CODE
NO. 1047485, KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SUB DIVISION, PALLURUTHY, ERNAKULAM,
PIN - 682006
BY ADVS.
K.P.SATHEESAN (SR.)
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
SABU PULLAN
GOKUL D. SUDHAKARAN
R.BHASKARA KRISHNAN
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LTD.
REPRESENTED BY ITS SECRETARY,
VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM,
PIN - 695004
2 THE CHIEF ENGINEER (H.R.M.), KERALA STATE
ELECTRICITY BOARD LTD., VYDYUTHI BHAVAN,
PATTOM, THIRUVANANTHAPURAM, PIN - 695004
BY ADV. ANIL K S
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 10857/23
2
JUDGMENT
The petitioner says that he was temporarily promoted as an
Assistant Executive Engineer in the services of the Kerala State
Electricity Board (KSEB) in the year 2020 and that even though he
had submitted his Annual Performance Appraisal Report (APAR)
on 26.02.2023 and though it was accepted by the 2nd respondent
- Chief Engineer two days thereafter, Ext.P2 order has been
issued on 09.03.2023, refusing to regularise his appointment,
citing the reason that he has not submitted his APAR.
2. Dr.K.P.Satheesan - learned Senior Counsel, instructed
by Sri.Suhin Kumar appearing for the petitioner, argued that the
foundation of Ext.P2 is flawed because, as already stated above,
his client has submitted his APAR as early as on 26.02.2023. He
added that, since this is without contest, the competent Authority
of the respondents ought to be directed to reconsider his client's
claim for regularisation as Assistant Executive Engineer and to
appoint him at Palluruthy, the place of his choice, forthwith.
3. In response, Sri.K.S.Anil - learned Standing Counsel for
WPC 10857/23
the respondent, conceded that there is a vacancy at Palluruthy
and the petitioner can be accommodated there; but prayed that
this Court may not direct his client to regularise the promotion
because it will require an assessment of various relevant aspects,
including his APAR, if already submitted. He, however, undertook
that if the APAR is already on record, the petitioner's claim for
regularisation of his promotion can be considered and a decision
taken thereon, after hearing him, without any avoidable delay.
Taking note of the afore submissions, I order this Writ
Petition, directing the competent Authority of the 1st respondent to
immediately post the petitioner to the vacant position at
Palluruthy; with a further direction to reconsider the claim for
regularisation of his promotion as Assistant Executive Engineer,
dehors Ext.P2 and adverting to the contention that he has already
submitted his APAR on 26.02.2023, after affording him an
opportunity of being heard.
The first of the afore directions shall be completed within a
period of one week from the date of receipt of a copy of this
judgment and the second among them within a period of two
WPC 10857/23
months thereafter.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 10857/23
APPENDIX OF WP(C) 10857/2023
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE TEMPORARY PROMOTION
ORDER ISSUED BY THE 2ND RESPONDENT AS
NO. EB1/AE-AEE/ELE/TEMPORARY
PROMOTION/2020-21 DATED 4-8-2020 ALONG
WITH RELEVANT PAGES OF ANNEXURE
Exhibit-P2 TRUE COPY OF THE ORDER NO.
EB1/PROM/AE(E)-AEE(E)/2022 DATED 9-3-
2023 ISSUED BY THE 2ND RESPONDENT ALONG
WITH RELEVANT PAGES OF ANNEXURE-II
Exhibit-P3 TRUE COPY OF THE SUBMISSION MADE BY THE
PETITIONER TO THE 2ND RESPONDENT DATED
26-02-2023
