Kerala High Court
Deepak Balan vs Kerala State Electricity Board Limited on 3 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
W.P.(C) NO.13468 OF 2024
PETITIONERS:
1 DEEPAK BALAN, AGED 37 YEARS, EMPLOYEE CODE-1064578,
LINEMAN GRADE I, KERALA STATE ELECTRICITY BOARD
LIMITED, ELECTRICAL SECTION VALLAPUZHA,
PATTAMBI DIVISION, PALAKKAD DISTRICT, PIN-679 336
2 SUJITH C, AGED 42 YEARS, EMPLOYEE CODE-1067880,
OVERSEER, KERALA STATE ELECTRICITY BOARD LIMITED,
110KV SUB-STATION KUTTIPPURAM, TIRUR TRANSMISSION
DIVISION, MALAPPURAM CIRCLE, THOZHUVANOOR P.O.,
PIN - 676 552
3 ANILKUMAR P, AGED 53 YEARS, EMPLOYEE CODE-1054845,
OVERSEER, KERALA STATE ELECTRICITY BOARD LIMITED,
KARAD ELECTRICAL SECTION, KONDOTTY ELECTRICAL
DIVISION, PIN - 673 632
4 MUBARAK A.P., AGED 40 YEARS, EMPLOYEE CODE-1067945,
OVERSEER, KERALA STATE ELECTRICITY BOARD LIMITED,
ELECTRICAL SECTION EDAVANNA, WANDOOR DIVISION,
MALAPPURAM, PIN - 676 548
5 RAJESH R, AGED 50 YEARS, EMPLOYEE CODE-1107005,
MAZDOOR, KERALA STATE ELECTRICITY BOARD LIMITED,
ELECTRICAL SECTION KANJIRAPPALLY, KOTTAYAM DISTRICT,
PIN - 686 507
6 ANEESH T, AGED 46 YEARS, EMPLOYEE CODE-1102633,
MAZDOOR, KERALA STATE ELECTRICITY BOARD LIMITED,
ELECTRICAL SECTION CHELARI, CALICUT UNIVERSITY P.O,
MALAPPURAM, PIN - 673 636
7 JOSHY C. G, AGED 43 YEARS, EMPLOYEE CODE-1060850,
MAZDOOR, KERALA STATE ELECTRICITY BOARD LIMITED,
ELECTRICAL SECTION THATTARAMBALAM, MAVELIKKARA
DIVISION, HARIPPAD CIRCLE, ALAPPUZHA DISTRICT,
PIN - 690 103
BY ADVS.
T.T.RAKESH
2
WPC. No. 13468/2024
HAMEEDU KUNJU.A
ANANDU P. ANAND
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LIMITED.,
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
VYDHUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM,
PIN - 695 004
2 THE CHIEF ENGINEER (HRM),
KERALA STATE ELECTRICITY BOARD LIMITED,
VYDHUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM,
PIN - 695 004.
SC SRI. K.S ANIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
WPC. No. 13468/2024
JUDGMENT
(Dated: 3rd April, 2024)
Petitioners are employees of 1st respondent/Kerala State Electricity
Board Ltd., (for short KSEBL). According to them, they are eligible for Sub
Engineer (Electrical) post under the 10% of the in-service quota. They have
relied on Exts.P16, P17, and P18, which are the orders passed by the Board
showing the number of vacancies available in each quota. Pointing out these
aspects, the petitioners have filed Exts.P8 to P12 letters before the different
authorities.
2. The counsel for the petitioners seeks this court to direct the 1st
respondent to take up Ext.P12 and pass appropriate orders in this matter.
3. Heard the counsel for the petitioners as well as the standing
counsel for the respondents.
Taking into consideration that Ext.P12 is pending before the 1st
respondent from 15.02.2024 regarding reporting of the vacancies of 10%
quota designated for direct recruitment of in-service candidates, there will be
a direction to the 1st respondent to take up Exts.P16, 17, and 18 in the light
of Ext.P12, and pass appropriate orders within a period of two months from
the date of receipt of a copy of the judgment.
The writ petition is disposed of.
Sd/-
BASANT BALAJI,
JUDGE
ss
APPENDIX OF WP(C) 13468/2024
PETITIONER EXHIBITS:
Exhibit P1 A TRUE COPY OF THE DIPLOMA CERTIFICATE OF THE
1ST PETITIONER ISSUED BY THE STATE BOARD OF
TECHNICAL EDUCATION, GOVERNMENT OF KERALA
DATED 18/01/2017.
Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF ARTICLE
VIII CLAUSE 5(B) IN THE LONG TERM SETTLEMENT
OF 1978 OF THE KERALA STATE ELECTRICITY BOARD
LTD.
Exhibit P3 A TRUE COPY OF BOARD ORDER NO.AR/III.36591/78
DATED 23/1/1981 OF THE KERALA STATE
ELECTRICITY BOARD.
Exhibit P4 A TRUE COPY OF THE CIRCULAR NO.EB2/727/SE/99
OF THE SECOND RESPONDENT DATED 24/11/1999.
Exhibit P5 A TRUE COPY OF THE RELEVANT PORTION OF THE
PSC NOTIFICATION DATED 02/12/2003 AS CATEGORY
NO.176/2003 FOR THE POST OF SUB ENGINEER
(ELECTRICAL) PUBLISHED IN MATHRUBHUMI
THOZHIL VARTHA ON 13/12/2003.
Exhibit P6 A TRUE COPY OF THE RELEVANT PORTION OF THE
PSC NOTIFICATION DATED 31/12/2011 AS CATEGORY
NO.487/2011 FOR DIRECT RECRUITMENT TO
DEPARTMENT QUOTA 10% VACANCIES FOR THE POST
OF SUB ENGINEER (ELECTRICAL).
Exhibit P7 A TRUE COPY OF THE RELEVANT PORTION OF
NOTIFICATION DATED 30/11/2021 IN CATEGORY
NO.553/2021 FOR THE POST OF SUB ENGINEER
(ELECTRICAL) IN KERALA STATE ELECTRICITY
BOARD LIMITED.
Exhibit P8 A TRUE COPY OF THE REPRESENTATION OF THE
FIRST PETITIONER DATED 22/03/2023 SUBMITTED
BEFORE THE SECOND RESPONDENT.
Exhibit P9 A TRUE COPY OF THE REPRESENTATION OF THE
THIRD PETITIONER DATED 11/12/2023 SUBMITTED
BEFORE THE SECOND RESPONDENT.
Exhibit P10 A TRUE COPY OF THE REPRESENTATION OF THE 7TH
PETITIONER DATED 11/12/2023 SUBMITTED BEFORE
THE SECOND RESPONDENT.
Exhibit P11 A TRUE COPY OF THE REPRESENTATION OF THE 1ST
PETITIONER DATED 28/12/2023 SUBMITTED BEFORE
THE 1ST RESPONDENT.
Exhibit P12 A TRUE COPY OF THE COLLECTIVE REPRESENTATION
OF THE PETITIONERS DATED 15/02/2024 SUBMITTED
BEFORE THE 1ST RESPONDENT.
Exhibit P13 A TRUE COPY OF THE FORWARDING NOTE EB3/IN
SERVICE QUOTA/SE/ED-WDR/2023-24/580 OF THE
EXECUTIVE ENGINEER, WANDOOR DATED 29/12/2023
BEFORE 2ND RESPONDENT.
Exhibit P14 A TRUE COPY OF THE REPRESENTATION DATED
26/12/2023 SUBMITTED BY THE KSEB WORKERS
ASSOCIATION (C.I.T.U) BEFORE THE
RESPONDENTS.
Exhibit P15 A TRUE COPY OF THE REPRESENTATION DATED
14/02/2024 SUBMITTED BY THE KSEB EMPLOYEES
CONFEDERATION (INTUC) BEFORE THE MINISTER FOR
ELECTRICITY.
Exhibit P16 A TRUE COPY OF THE B.O.(FTD)NO.455/2021
(ESTT.II/3085/2016) DATED 18/06/2021 ISSUED
BY THE COMPANY SECRETARY IN-CHARGE OF THE
KERALA STATE ELECTRICITY BOARD LIMITED.
Exhibit P17 A TRUE COPY OF THE B.O.(FTD)NO.409/2022 (SEC-
ES-ST2/2022/19) DATED 19/05/2022 ISSUED BY
THE COMPANY SECRETARY OF THE KERALA STATE
ELECTRICITY BOARD LIMITED.
Exhibit P18 A TRUE COPY OF THE QUESTION AND ANSWERS
PROVIDED BY THE KERALA LEGISLATIVE ASSEMBLY
ON 13/02/2024, AS PROVIDED BY ITS SECTION
OFFICER.
