Kerala High Court
M.Vinoth vs Kerala State Electricity Board on 25 October, 2023
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. 7994 OF 2016 (Y)
PETITIONERS:
1. M.VINOTH, AGED 49 YEARS, S/O.MANIKKAN, 'KEEZHE HOUSE', PUTHUKODE
P.O., PALAKKAD DISTRICT, PRESENTLY WORKING AS SENIOR SUPERINTENDENT,
ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD, PALAKKAD
DISTRICT.
2. P.HARIDAS, AGED 50 YEARS, S/O.K.S.G. PANICKER, NO.7/371, SEAFARER,
SHEKTRAPURAM, PALAKKAD, PRESENTLY WORKING AS SENIOR SUPERINTENDENT,
ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, SULTHANPETA,
PALAKKAD DISTRICT.
3. JOBY K.JOHN, AGED 52 YEARS, S/O.JOHN, KUTHOKARAN HOUSE, AMMADAM
P.O., PRESENTLY WORKING AS SENIOR SUPERINTENDENT, TRANSMISSION
CIRCLE, VYDUTHI BHAVAN, THRISSUR DISTRICT
4. U.V.SURESH, AGED 49 YEARS, S/O.U.K.VELAYUDHAN, UNNIARAM PURAKKAL
HOUSE, THALIKULAM POST, THRISSUR, PRESENTLY WORKING AS SENIOR
SUPERINTENDENT, ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD,
IRINJALAKKUDA.
5. P.JAYAKUMAR (RETD), AGED 56 YEARS, S/O.V.BALAKRISHNA PANICKER,
PALLIYILMARATH HOUSE, VENKITANGU POST, THRISSUR, RETIRED AS SENIOR
ASSISTANT ON 31.05.2015, ELECTRICAL SECTION, KERALA STATE
ELECTRICITY BOARD, VENKITANGU, THRISSUR DISTRICT.
6. V.J.JOSHY, AGED 50 YEARS, S/O.V.C.JACOB, VADAKKAN HOUSE, KAKKASSERY
P.O., THRISSUR, PRESENTLY WORKING AS SENIOR SUPERINTENDENT,
ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, PAVARATTY,
THRISSUR DISTRICT.
7. P.T.DAISY, AGED 51 YEARS, W/O.RAJAN T.J., THARAYIL HOUSE, KODANNUR
P.O., THRISSUR(NEAR CHURCH), PRESENTLY WORKING AS DIVISIONAL
ACCOUNTANT, ELECTRICAL DIVISION WEST, KERALA STATE ELECTRICITY
BOARD, THRISSUR DISTRICT.
RESPONDENTS:
1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 695 001.
2. CHIEF ENGINEER HRM (HUMAN RESOURCES MANAGEMENT), KERALA STATE
ELECTRICITY BOARD, THIRUVANANTHAPURAM. 695 001.
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 issue an interim direction to the respondents to grant notional
promotion to the post of Senior Assistant with retrospective effect based
on acquisition of qualification as on the date of occurrence of vacancies,
pending disposal of the 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 SRI.RAJIT, Advocate for the
petitioners and of STANDING COUNSEL for Respondents, the court passed the
following:
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
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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
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
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
