Somanathan T.C vs Kerala State Electricity Board Limited
2024 Latest Caselaw 23171 Ker

Kerala High Court

Somanathan T.C vs Kerala State Electricity Board Limited on 2 August, 2024

                                                       2024:KER:60184
W.P.(C) No.26655 of 2015
                                   1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE P.M.MANOJ
      FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
                       WP(C) NO. 26655 OF 2015
PETITIONER/S:

     1       SOMANATHAN T.C.
             THOTTUKADAVIL HOUSE, KADAKKARAPALLI.P.O., CHERTHALA,
             ALAPPUZHA-688 529
             (RETIRED SENIOR FAIR COPY ASSISTANT, KSEB BOARD
             LIMITED).
     2       SREEKUMARI O
             SENIOR FAIR COPY ASSISTANT, ELECTRICAL CIRCLE, KSEB
             LIMITED, VYDHYUTHI BHAVAN, ALAPPUZHA-688 001.
     3       KOSHY ALEX,
             SENIOR FAIR COPY ASSISTANT, ELECTRICAL DIVISION,
             KUNDARA, KOLLAM-691 501.
             BY ADVS.
             SRI.S.SANTHOSH KUMAR
             SMT.P.LISSY JOSE.


RESPONDENT/S:
     1     KERALA STATE ELECTRICITY BOARD LIMITED
           VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004.
           REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR.
     2     KSE BOARD LIMITED, VYDHYUTHI BHAVANAM, PATTOM,
           THIRUVANANTHAPURAM-695 004.

             BY ADV SRI.K.S.ANIL, SC, KSEB

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                  2024:KER:60184
W.P.(C) No.26655 of 2015
                                        2

                           JUDGMENT

(Dated this the 5th day of August, 2024)

The writ petition is preferred being aggrieved by non-

granting of ratio promotion to the petitioners in the post of

Senior Fair Copy Assistant with retrospective effect from the

date of occurrence of the vacancy in the promotion post with all

consequential benefits.

2. The petitioners entered into service of the 1st

respondent in the year 2001. They joined in the post of Junior

Fair Copy Assistant in various offices under the 1 st respondent.

Even prior to the filing of the writ petition, 1 st petitioner retired

on 31.03.2015. As of now, all petitioners retired from service.

3. It appears from the Ext.P1 gradation list, the

petitioners are ranking 181, 185 and 187. The persons in-

between the 1st petitioner and the 2nd petitioner opted to shift

to some other posts. Thereby petitioners 1 to 3 shall be

considered as one after another.

4. On the basis of long term settlement entered into on

01.08.2000, ratio applicable for promotion from Junior Fair Copy 2024:KER:60184

Assistants and Senior Fair Copy Assistants has been changed to

1:1 from 2:1. Therefore, on the relevant period of consideration,

in this writ petition, the ratio applicable is 1:1 between Junior

Fair Copy Assistant and Senior Fair Copy Assistant. Even, in the

subsequent long term settlement entered into in the year 2007,

the same ratio is maintained. According to the petitioners,

Junior Fair Copy Assistants are therefore entitled to get

promotions to Senior Fair Copy Assistants in the ratio of 1:1 as

provided in the long term settlement.

5. While so, as per Ext.P2, ratio promotion was granted to

26 Junior Fair Copy Assistants on 14.10.2008. It is contended by

the petitioners, though 39 vacancies were there in the year

2008, as per Ext.P2, only 26 were promoted. Thereafter, by

Ext.P3 further ratio promotions were effected whereby 13 more

persons were promoted. In fact, those 13 vacancies were

available from the year 2008. Since the 1 st respondent has

promoted only 13 persons against 39 vacancies at the time of

issuance of Ext.P3 order, thereby 8 vacancies were available.

Even after promoting 13 persons, as is available from the chart

provided along with additional counter affidavit dated

17.07.2024, 8 vacancies were available. In such circumstances, 2024:KER:60184

it is contended by the petitioners that they are entitled to be

promoted with effect from the date of Ext.P3 instead of Ext.P4

which was issued only after 4 ½ years. This is the

circumstances in which the petitioners seek retrospective ratio

of promotion with effect from the date of Ext.P3.

6. In response to that, the counsel for the 1 st respondent

stated that there was no sufficient vacancies available to effect

promotion in the year 2008. That is why, only 26 persons were

promoted.

7. It is the case of the respondents that there were no

sufficient vacancies available to accommodate more than 26

persons in the year 2008 and more than 13 in the year 2009.

This is the circumstance in which, as per Ext.P4, the petitioner

was promoted with effect from 10.01.2014.

8. I heard Adv. S. Santhosh Kumar, the learned counsel

for the petitioner and Adv. K. S. Anil, the learned Standing

Counsel for the respondents.

9. On going by Ext.P1, the petitioners are ranking 181,

185 and 187. As from the submissions made by the counsel for

the petitioners, it is discernible that the persons included in the 2024:KER:60184

gradation list as 182, 183,184 and 186 has opted out from the

category of Junior Fair Copy Assistant. Hence, they have no

claim. Therefore, the petitioners will be numbered continuously.

10. The total strength of the Fair Copy Assistants in the 1 st

respondent firm is 283. On applying the ratio 1:1, as per the

long term settlement in the years 2000 as well as 2007, it is

1:1. Thereby, Junior Fair Copy Assistant is 141 and Senior Fair

Copy Assistant is 141. On the perusal of chart produced along

with additional counter affidavit filed in compliance of direction

by this Court dated 24.06.2024, it appears that, while issuing

Ext.P2 order, 39 vacancies were available in the category of

Senior Fair Copy Assistant. Since the total strength in that

cadre is 141, the working strength of Senior Fair Copy Assistant

at that point of time was only 102. However, against 39

vacancies, as per Ext.P2 dated 14.10.2008, only 26 persons

were promoted. Hence, at that point of time petitioners had no

claim. However, while issuing Ext.P3 order on 01.08.2009, the

1st respondent had promoted only 13 persons. That shows that

1st respondent had filled 13 vacancies available at the time of

issuing Ext.P2. Accordingly petitioners contend that the 1 st

respondent has failed to promote them in the further vacancies 2024:KER:60184

available on 2009, i.e., 8. From the statement itself it can be

seen that, at the time of issuance of Ext.P3 dated 01.08.2009,

8 vacancies were available as per gradation list. After the last

person in Ext.P3, Smt.Latha P, serial No.13 next comes the 1 st

petitioner. Then come the 2nd and 3rd petitioner. Therefore, at

that point of time, on 01.08.2009, there were sufficient

vacancies to accommodate all the petitioners against the post

of Senior Fair Copy Assistants.

11. From this, it appears that the contentions raised by the

petitioners are correct. However, on going by the additional

counter affidavit filed by the 1st and 2nd respondent, on the

direction dated 24.06.2024, which shows that two persons were

retired on 01.12.2009 and another person on 31.03.2010.

Thereby 2 vacancies were available on 01.12.2009 and

01.04.2010. From the affidavit itself, it is shown that the 1 st and

2nd petitioners are entitled to be promoted with effect from

01.12.2009 and the 3rd petitioner with effect from 01.04.2010.

12. Accordingly, this writ petition is allowed directing the

respondents to grant notional promotion with retrospective

effect from 01.12.2009 to petitioners 1 and 2 and from

01.04.2010 to the 3rd petitioner. The benefits shall be 2024:KER:60184

disbursed in accordance with Rule 23 (d) of KSR Part I. All

consequential benefits shall be calculated in accordance with

aforementioned provision. The direction shall be complied

within three months from the date of receipt of copy of the

judgment.

Sd/-

P.M.MANOJ JUDGE SM 2024:KER:60184

APPENDIX OF WP(C) 26655/2015

PETITIONER EXHIBITS

Exhibit P1- TRUE COPY OF GRADATION LIST AS ON 1.1.2005 ISSUED UNDER CIRCULAR DATED 18.3.2005.

Exhibit P2- TRUE COPY OF PROMOTION ORDER DATED 14.10.08 ISSUED BY THE 2ND RESPONDENT.

Exhibit P3- TRUE COPY OF THE PROMOTION ORDER DATED 1.8.2009 ISSUED BY THE 2ND RESPONDENT.

Exhibit P4- TRUE COPY OF THE PROMOTION ORDER DATED 10.1.2014 ISSUED BY THE 2ND RESPONDENT.

Exhibit P5- TRUE COPY OF THE REPRESENTATION DATED 28.3.2015 FILED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT WITH COVERING LETTER.

Exhibit P5(A)- TRUE COPY OF THE REPRESENTATION DATED 31.3.2015 FILED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT WITH COVERING LETTER.

Exhibit P5(B)- TRUE COPY OF THE REPRESENTATION DATED NIL FILED BY THE 3RD PETITIONER TO THE 2ND RESPONDENT.

Exhibit P6- TRUE COPY OF THE JUDGMENT DATED 17.7.2003 IN O.P.NO.33514/2002.

Exhibit P7 True copy of the relevant pages of provisional gradation list of Senior Fair Copy superintendents, Fair Copy Superintendents, Senior Fair Copy Assistant etc as on 01/02/2014 issued by the 2nd respondent . Exhibit P8 True copy of the list of retirees, promotees etc with date of retirement/promotion extracted from Exhibit P7 .

RESPONDENTS EXHIBITS NIL

P.A.TO JUDGE TRUE COPY