Kerala High Court
E.A. Rajan vs Kerala State Electricity Board on 25 October, 2023
WP(C) No.20581/2014 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Wednesday, the 25th day of October 2023 / 3rd Karthika, 1945
WP(C) NO. 20581 OF 2014 (W)
PETITIONER:
E.A. RAJAN, S/O AYYAPPAN, AGED 47 YEARS, SENIOR SUPERINTENDENT,
KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE,
ERNAKULAM.(RESIDING AT ENDIKUZHIYIL,NETAJI ROAD,ALUVA-683101.
RESPONDENTS:
1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY,
VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695004.
2. THE CHAIRMAN, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM,
PATTOM, THIRUVANANTHAPURAM-695004.
3. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDYUTHI
BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695004
4. LEELA VASUDEVAN, SENIOR SUPERINTENDENT, KERALA STATE ELECTRICITY
BOARD, ELECTRICAL SECTION, WADAKANCHERY, THRISSUR-(RESIDING AT
XXVI/108,UTHRAM,CO-OPERATIVE ROAD,CHEMBUKAVU,THRISSUR).680 001
5. NISHE.N.P., SENIOR SUPERINTENDENT, OFFICE OF THE DEPUTY CHIEF
ENGINEER, ELECTRICL CIRCLE, K.S.E.B. TIRUR., RESIDING AT NILA,
KIZHAKKEDATH HOUSE, TIRUR ROAD, 3RD STREET, KUTTIPURAM PO.,
MALAPPURAM- 679 571.
6. GIRIJA B. PANICKER SENIOR SUPERINTENDENT, KSEB, ELECTRICAL SECTION,
KOTTAYAM CENTRAL, RESIDING AT : MANIMANDIRAM, MOOLAVATTAM PO,
KOTTAYAM.
7. KORUTHU SAMUEL SENIOR SUPERINTENDENT, KSEB, ELECTRICAL CIRCLE,
KOLLAM, RESIDING AT : MULLASSERY BHAVAN, VALLIKEEZHU, NAGAR,
KAVANADU PO, KOLLAM - 691 003.
8. SREELATHA B.K SENIOR SUPERINTENDENT, KSEB, ELECTRICAL CIRCLE,
PALLOM, RESIDING AT : MANNATHU SUDARSANAM, THITTAMEL, CHENGANNOOR,
ALAPPUZHA DISTRICT.
9. T.C. VARGHESE SENIOR SUPERINTENDENT, KSEB, ELECTRICAL CIRCLE, PALA.
RESIDING AT : ALACKKAL PARAMBIL, THIRUVANCHIYOOR PO, KOTTAYAM
10. GEETHA J. NAIR SENIOR SUPERINTENDENT, ELECTRICAL SECTION, THEVEKKAL,
RESIDING AT 'SHIRDI', KASTURIRANGAN ROAD, UDYOGAMANDAL.
11. M.P MANOJ SENIOR SUPERINTENDENT, ELECTRICAL SECTION, OKKAL, RESIDING
AT : MANUSMRUTHI, AMANAKARA PO, RAMAPURAM, KOTTAYAM
12. ADDL.R12. RAMESAN UYYANA MANIYATH SENIOR SUPERINTENDANT, ELECTRICAL
DIVISION, KSEB LTD., THALASSERY, KANNUR - 670 101.
13. ADDL 13 MADHU H SENIOR SUPERINTENDANT, ELECTRICAL DIVISION, KSEB
LTD., KARUNAGAPALLY, KOLLAM - 690 513.
14. ADDL R14 SHEELA S SENIOR SUPERINTENDANT, PENSION AUTHORISATION,
OFFICE OF THE CHIEF ENGINEER (HRM), KSEB LTD., THIRUVANANTHAPURAM -
695 004.
15. ADDL R15 RAVI P.T SENIOR SUPERINTENDANT, REGIONAL AUDIT OFFICE, KSEB
LTD., VADAKARA, KOZHIKODE - 673 104. [ADDL.R12 TO R15 ARE IMPLEADED
WP(C) No.20581/2014 2/6
AS PER ORDER DATED 30.11.2021 IN I.A.1/2021 IN WP(C)20581/2014]
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of and implementation of Ext.P14, BO
No.Gr.1/SL/MS/2010-11/14 dated 15/07/2014 and the final gradation list of
Senior Superintendents issued by teh 3rd respondent and all further steps
thereto forthwith, pending disposal of the above Writ Petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
16.12.2022 and upon hearing the arguments of M/S.ELVIN PETER P.J. &
K.R.GANESH, Advocates for the petitioner, STANDING COUNSEL for R1 to R3,
SRI.K.JAJU BABU (SENIOR ADVOCATE) along with SMT.M.U.VIJAYALAKSHMI,
Advocates for R5 M/S.DEEPU LAL MOHAN,K.S.PRENJITH KUMAR & S.LEENA MURALI,
Advocates for R6 to R11, and of M/S. B.RAGHUNATHAN,V.M.JACOB, G.BAIJU,
K.JANARDHANAN, STANLY CHAZHOOR, R.SRINATH,& M.SALIM , Advocates for R12 to
R15, the court passed the following:
WP(C) No.20581/2014 3/6
RAJA VIJAYARAGHAVAN V, J.
-------------------------------------
W.P.(C) Nos.21001 of 2012, 21525 of 2012, 26115 of 2012,
20581 of 2014, 7994 of 2016, 15407 of 2022, 31801 of 2022
& 15404 of 2023
------------------------------------------------------------------------
Dated this the 25th day of October, 2023
ORDER
An application has been filed as I.A.No.2 of 2023 in W.P.(C) No.26115 of
2012 with a prayer to direct the respondents 1 to 3 to consider the applicants for
promotion to the post of Assistant Accounts Officer at least on a provisional basis
dehors the interim order dated 01.09.2014 passed in W.P.(C) No.20581 of 2014.
As per the said interim order, this Court had stayed further promotion pursuant
to the order dated 15.07.2014 issued by the third respondent along with the final
gradation list of the Senior Superintendents.
2. Sri. Deepu Lal Mohan, the learned counsel appearing for the
petitioners, submits that W.P.(C) No.26115 of 2012 was filed challenging Ext.P9
order by which the promotions granted to the petitioners to the post of Senior
Assistant was reviewed and the seniority of the petitioners were reassigned.
According to the learned counsel, the persons affected by Ext.P9 order were 60
individuals. He would point out that out of 60 individuals who were covered
under Ext.P9, only four remain, and two persons, the 1st and 8th petitioners in
W.P.(C) No.26115 of 2012, are still in service. He would point out that when the
WP(C) No.20581/2014 4/6
W.P.(C.) No.21001 of 2012 & conn.cases
gradation list of Senior Superintendents was brought out, W.P.(C) No.20581 of
2014 was filed, and further promotion from the gradation list of Senior
Superintendents was stayed. The learned counsel points out that the next
promotion post of the petitioners herein is to the post of Assistant Accounts
Officer. However, in view of the interim order granted by this Court, the further
promotion of the petitioners 1 and 8 remain stayed.
3. He would refer to the judgment rendered by this Court in W.P.(C)
No.27257 of 2023, and it is pointed out that it was submitted before this Court
that there are 64 vacancies available in service of the KSEB in the post of
Assistant Accounts Officer. He would point out that the special recruiters who
challenged the gradations are 43, and as there are 64 vacancies, the special
recruiters who have approached this Court as well as the petitioners herein who
are still in service, can be granted provisional promotion.
4. Sri. Antony Mukkoth, the learned standing counsel, submitted that
the cadre strength of Assistant Accounts Officer is 80, out of which only 16 are
working. It is submitted that there are 64 vacancies, and the Board is finding it
difficult to carry out its day-to-day operations without filling up the vacancies.
Having regard to the submissions advanced, there will be a direction to the
respondents 1 to 3 to consider the qualified among the persons included in the
gradation list of senior Superintendents for promotion to the post of Assistant
WP(C) No.20581/2014 5/6
W.P.(C.) No.21001 of 2012 & conn.cases
Accounts Officer on a provisional basis dehors the interim order granted in
W.P(C) 20581 of 2014. However, it is made clear that the above order will be
subject to the final outcome of these Writ Petitions.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
SMA
25-10-2023 /True Copy/ Assistant Registrar
WP(C) No.20581/2014 6/6
APPENDIX OF WP(C) 20581/2014
EXT.P9 -A TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER ALONG WITH
THE POSTAL RECEIPT AND COPY OF ACKNOWLEDGMENT CARD EVIDENCING SERVICE OF THE
SAME ON THE 3RD RESPONDENT
25-10-2023 /True Copy/ Assistant Registrar
