Kerala High Court

Kerala State Electricity Board vs S.Sajikumar on 3 September, 2024

Author: Anil K.Narendran

Bench: Anil K.Narendran

                                      1
W.A.NOS.997 OF 2016 & CON. CASES
                                                      2024:KER:66467


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

                                      &

            THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

    TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                              WA NO.1356 OF 2016

          AGAINST THE JUDGMENT DATED 18.01.2016 IN WPC NO.21518 OF

                       2005 OF HIGH COURT OF KERALA


APPELLANTS/RESPONDENTS 1 AND 2:

      1      KERALA STATE ELECTRICITY BOARD
             REPRESENTED BY ITS SECRETARY, VYDYUTHI BAHVANAM,
             PATTOM, THIRUVANANTHAPURAM.

      2      THE CHIEF ENGINEER (HRM),
             VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM.

             BY ADVS.
             SRI.K.S.ANIL
             SMT.A.G.ANEETHA


RESPONDENTS/PETITIONERS AND RESPONDENTS 3 TO 47:

      1      R SATHISH KUMAR
             OFFICE ATTENDANT, FOREST LIAISON CELL, BOARD
             SECRETARIAT, VYDYUTHI BHAVANAM, PATTOM,
             THIRUVANANTHAPURAM.(PRESENTLY WORKING AS CASHIER,
             KSEB, ELECTRICAL SECTION, SREEVARAHAM,
             THIRUVANANTHAPURAM 695 001).

      2      RAJESH R.V.
             OFFICE ATENDANT, O/O. THE CHIEF ENGINEER(HRM),
             VYDYUTHI BHAVANAM, PATTOM,
             THIRUVANANTHAPURAM.(PRESENTLY WORKING AS CASHIER,
                                    2
W.A.NOS.997 OF 2016 & CON. CASES
                                                     2024:KER:66467


             KSEB, ELECTRICAL SECTION, PEROORKADA,
             THIRUVANANTHAPURAM 695 005).

      3      PRASANTH S.P.
             OFFICE ATTENDANT,O/O.MEMBER (FINANCE), VYDHYUTHI
             BHAVANAM, PATTOM, THIRUVANANTHAPURAM.(PRESENTLY
             WORKING AS CASHIER, KSEB,ELECTRICAL SECTION,
             KUDAPPANAKUNNU,
             THIRUVANANTHAPURAM-695 043).

      4      KERALA PUBLIC SERVICE COMMISSION
             REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM.

      5      BAIJU MATHEW
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             KOTTARAKKARA.

      6      GISHA A. GEORGE,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE, THRISSUR.
             (PRESENTLY WORKING AS SENIOR ASSISTANT, KSEB,
             ELECTRICAL DIVISION, THRISSUR-680 001).

      7      NEKUL L.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.(PRESENTLY WORKING AS CASHIER, KSEB,
             ELECTRICAL SECTION, CANTONMENT, KOLLAM 691 001).

      8      BAIJU MATHEW
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.

      9      PRASANNA M.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             KANNUR.(PRESENTLY WORKING AS CASHIER, KSEB, ELECTRICAL
             SECTION, THALIPARAMBA 670 141).

     10      RESHMI PAUL
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.

     11      BINOJ MANI M.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.
                                    3
W.A.NOS.997 OF 2016 & CON. CASES
                                                    2024:KER:66467


     12      SREEKUMAR S.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.

     13      ANISH S.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.

     14      DINESAN P.A.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.

     15      SUNIL KUMAR T.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.(PRESENTLY WORKING AS SENIOR ASSISTANT,
             KSEB, TRANSMISSION CIRCLE, KOZHIKODE-673 001).

     16      SURESH S.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             PERUMBAVOOR.(PRESENTLY WORKING AS CASHIER, KSEB,
             ELECTRICAL SECTION, PERINAD, KOLLAM 691 601).

     17      RAMESH P.B.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.

     18      JASEER KARANATH
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.

     19      LEO RAJAN
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             IRINJALAKKUDA.(PRESENTLY WORKING AS SENIOR
             ASSISTANT,KSEB, ELECTRICAL SECTION, PUDUKAD, THRISSUR-
             680 001).

     20      SHIJU ALEX E.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             KOZHIKODE.(PRESENTLY WORKING AS OVERSEER,
             KSEB,ELECTRICAL SECTION, WEST HILL, KOZHIKODE).

     21      RAKESH PAUL P.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.(PRESENTLY WORKING AS JUNIOR
             ASSISTANT/CASHIER, KSEB, ELECTRICAL CIRCLE,
                                    4
W.A.NOS.997 OF 2016 & CON. CASES
                                                    2024:KER:66467


             THIRUVANANTHAPURAM-695 001).

     22      VIJAYAKUMAR P.O.
             JUNIOR ASSISTANT/CASHER, ELECTRICAL CIRCLE,
             TRIVANDRUM.

     23      SINDHU P.V.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.

     24      PRIYESH JACOB
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.

     25      OOMMAN N.L.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.(PRESENTLY WORKING AS SENIOR ASSISTANT,
             KSEB, ELECTRICAL SECTION, RAJAKKAD, IDUKKI-685 566).

     26      RACHEL THOMAS
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.

     27      VISHNUCHAND M.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.

     28      BINU MANI M.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.

     29      NIRMAL KUMAR
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             KASARAGOD.(PRESENTLY WORKING AS LILNEMAN GR-II, KSEB,
             ELECTRICAL SECTION, PERLA, KASARAGOD-671 552).

     30      NELSON M.V.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.(PRESENTLY WORKING AS JUNIOR ASSISTANT,
             KSEB, O/O.THE SOR, VYDYUTHI BHAVANAM,
             THIRUVANANTHAPURAM-695 004).

     31      MUJEEB M.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
                                    5
W.A.NOS.997 OF 2016 & CON. CASES
                                                    2024:KER:66467


             MANJERI.(PRESENTLY WORKING AS CASHIER, KSEB,
             ELECTRICAL SECTION, AREACODE, KOZHIKODE-673 639).

     32      NAIJU T.A.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             IRINJALAKUDA.

     33      SHAJIRUDDEEN K.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             MANJERI.(PRESENTLY WORKING AS CASHIER, FRIENDS
             JANASEVANAKENDRAM, KUNNUMEL, MALAPPURAM-696 505).

     34      PRIYA B.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.

     35      REMYA I.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.

     36      ABHILASH S.B.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.

     37      SHYAM K.M.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.

     38      JAIS STEPHEN
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.(PRESENTLY WORKING AS SENIOR ASSISTANT,
             KSEB, GENERATION CIRCLE, MOOLAMATTOM, IDUKKI- 685
             589).

     39      MUJEER C.K.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.

     40      USHA M.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE, PALAKKAD.

     41      ANILKUMAR N.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.
                                    6
W.A.NOS.997 OF 2016 & CON. CASES
                                                    2024:KER:66467



     42      RAJESHKUMAR T.D.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.

     43      SREEJA O.K.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.

     44      DOLLYAMMA GEORGE
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.

     45      SINDHU P.R.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             PERUMBAVOOR.

     46      DEEPTHIMOL V.T.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.

     47      LIJI GEORGE
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE, PALA.

     48      JITHESH KUMAR P.V.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM.


             BY ADV SRI.S.RAMESH


OTHER PRESENT:

             SRI. BIJOY CHANDRAN, SR. GP


       THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03.09.2024,
ALONG WITH WA.997/2016, 1018/2016 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
                                       7
W.A.NOS.997 OF 2016 & CON. CASES
                                                      2024:KER:66467



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

                                      &

            THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

    TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                              WA NO. 997 OF 2016

          AGAINST THE JUDGMENT DATED 18.01.2016 IN WPC NO.21518 OF

                       2005 OF HIGH COURT OF KERALA


APPELLANTS/RESPONDENTS, 4,7,9,10,11,12,13,16,17,21,22,23,
25,26,27,31,33,34,35,36,38,39 & 40 TO 47 IN THE W.P.:

      1      SIJU MATHEW,
             JUNIOR ASSISTAT/CASHIER, ELECTRICAL CIRCLE,
             KOTTARAKKARA, (NOW WORKING AS CASHIER, K.S.E. BOARD,
             ELECTRICAL SECTION, VALAKOM)

      2      BAIJU MATHEW,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM (NOW WORKING AS SENIOR ASSISTANT,
             K.S.E.BOARD, ELECTRICAL SECTION, PAMPAKUDA)

      3      RESMI PAUL,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM (NOW WORKING AS SENIOR ASSISTANT,
             K.S.E.BOARD, OFFICE OF THE CHIEF ENGINEER (HRM),
             VYDYUTHI BHAVAN, THIRUVANANTHAPURAM.

      4      M. BINOJ MANI,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM (NOW WORKING AS SENIOR ASSISTANT,
             K.S.E.BOARD, SPORTS CELL, VYDYUTHI BHAVAN,
             THIRUVANANTHAPURAM.
                                    8
W.A.NOS.997 OF 2016 & CON. CASES
                                                    2024:KER:66467


      5      SREEKUMAR S,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM (NOW WORKING AS CASHIER, K.S.E.BOARD,
             ELECTRICAL SECTION, KARAMANA.

      6      ANISH S.,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM (NOW WORKING AS SENIOR ASSISTANT,
             K.S.E.BOARD, OFFICE OF THE CHIEF ENGINEER (HRM),
             VYDYUTHI BHAVAN, THIRUVANANTHAPURAM)

      7      DINESHAN P.A,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM (NOW WORKING AS CASHIER, K.S.E.BOARD,
             ELECTRICAL SECTION, KOTHAMANGALAM)

      8      RAMESH P.B,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM (NOW WORKING AS SENIOR ASSISTANT,
             K.S.E.BOARD, SPORTS CELL, VYDYUTHI BHAVAN,
             THIRUVANANTHAPURAM)

      9      JASEER KARANATH,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM (NOW WORKING AS SENIOR ASSISTANT,
             K.S.E.BOARD, ELECTRICAL SECTION, KEEZHUPARAMBA)

     10      VIJAYAKUMAR P.O,
             (NOW WORKING AS CASHIER, K.S.E.BOARD, TRANSMISSION
             CIRCLE, THIRUVANANTHAPURAM)

     11      SINDHU P.V.,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM (NOW WORKING AS SENIOR ASSISTANT,
             K.S.E.BOARD, ELECTRICAL SECTION, THIRUVALLA)

     12      PRIYESH JACOB,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM (NOW WORKING AS CASHIER, K.S.E.BOARD,
             ELECTRICAL SECTION, PULPPALLY)

     13      RACHEL THOMAS,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM (NOW WORKING AS SENIOR ASSISTANT,
             K.S.E.BOARD, ELECTRICAL SECTION, PEROORKADA)
                                    9
W.A.NOS.997 OF 2016 & CON. CASES
                                                    2024:KER:66467



     14      VISHNUCHAND M,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM (NOW WORKING AS SENIOR ASSISTANT,
             K.S.E.BOARD, ELECTRICAL DIVISION, THIRUVANANTHAPURAM)

     15      M. BINU MANI,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM (NOW WORKING AS SENIOR ASSISTANT,
             K.S.E.BOARD, ELECTRICAL SECTION, THYCAUD)

     16      NAIJU T.A.,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             IRINJALAKUDA (NOW WORKING AS CASHIER, K.S.E.BOARD,
             ELECTRICAL SECTION, PUTHENVELIKKARA)

     17      PRIYA B,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM (NOW WORKING AS SENIOR ASSISTANT,
             K.S.E.BOARD, OFFICE OF THE C.I.A., VYDYUTHI BHAVAN,
             THIRUVANANTHAPURAM)

     18      REMYA I,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM (NOW WORKING AS SENIOR ASSISTANT,
             K.S.E.BOARD, ELECTRICAL SECTION, POOJAPPURA)

     19      ABHILASH S.B.,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM (NOW WORKING AS SENIOR ASSISTANT,
             K.S.E.BOARD, ELECTRICAL SECTION, ULLOOR)

     20      SHYAM K.M.,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM (NOW WORKING AS CASHIER, K.S.E.BOARD,
             ELECTRICAL SECTION, KANJOOR)

     21      MUJEER C.K.,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM (NOW WORKING AS SENIOR ASSISTANT,
             K.S.E.BOARD, ELECTRICAL SECTION, PERAMBRA SOUTH)

     22      USHA M,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE, PALAKKAD.
             (NOW WORKING AS CASHIER, K.S.E.BOARD, ELECTRICAL
                                    10
W.A.NOS.997 OF 2016 & CON. CASES
                                                    2024:KER:66467


             SECTION, VANDITHAVALAM, PALAKKAD)

     23      ANILKUMAR N,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM (NOW WORKING AS CASHIER, K.S.E.BOARD,
             ELECTRICAL SECTION, KARAMANA)

     24      RAJESH KUMAR T.D,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM (NOW WORKING AS SENIOR ASSISTANT,
             K.S.E.BOARD, ELECTRICAL SECTION, KALOOR)

     25      SREEJA O.K,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM (NOW WORKING AS SENIOR ASSISTANT,
             K.S.E.BOARD, ELECTRICAL SECTION, VADAKARA NORTH)

     26      DOLLYAMMA GEORGE,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM (NOW WORKING AS SENIOR ASSISTANT,
             K.S.E.BOARD, BOARD SECRETARIAT, VYDYUTHI BHAVAN,
             THIRUVANANTHAPURAM)

     27      SINDHU P.R.,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             PERUMBAVOOR. (NOW WORKING AS CASHIER, K.S.E.BOARD,
             ELECTRICAL SECTION, EZHIKKARA)

     28      DEEPTHYMOL V.T,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM (NOW WORKING AS SENIOR ASSISTANT,
             K.S.E.BOARD, OFFICE OF THE CHIEF ENGINEER (HRM)
             VYDYUTHI BHAVAN, THIRUVANANTHAPURAM)

     29      LIJI GEORGE
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE, PALA.
             (NOW WORKING AS SENIOR ASSISTANT, K.S.E.BOARD,
             ELECTRICAL SECTION, MARANGATTUPPALLY)

     30      JITHESH KUMAR P.V.,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             TRIVANDRUM (NOW WORKING AS SENIOR ASSISTANT,
             K.S.E.BOARD, TRANSMISION CIRCLE, PALAKKAD)
                                    11
W.A.NOS.997 OF 2016 & CON. CASES
                                                    2024:KER:66467




             BY ADVS.
             S.RAMESH
             NAVEEN.T
             POOJA SURENDRAN




RESPONDENTS/PETITIONERS AND RESPONDENTS 1 TO 3, 5,6,8,14,15,18,
19,20,24,28,29,30,32 & 37 IN THE W.P.:

      1      R.SATHISH KUMAR,
             OFFICE ASSISTANT, FOREST LIAISON CELLE, BOARD
             SECRETARIAT, VYDYUTHI BHAVANAM, PATTOM,
             THIRUVANANTHAPURAM-695004

      2      RAJESH R.V., OPFFICE ASSISTANT, OFFICE OF THE CHIEF
             ENGINEER (HRM), VYDYUTHI BHAVANAM, PATTOM,
             THIRUVANANTHAPURAM-695004

      3      PRASANTH S.P.,
             OFFICE ASSISTANT, OFFICE OF THE MEMBER (FINANCE),
             VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695004

      4      KERALA STATE ELECTRICITY BOARD
             REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM,
             PATTOM, THIRUVANANTHAPURAM-695004

      5      THE CHIEF ENGINEER (HRM), K.S.E. BOARD, VYDYUTHI
             BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695004

      6      KERALA PUBLIC SERVICE COMMISSION
             REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM-
             695004

      7      GISHA A GEORGE,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             THRISSUR-680 001.

      8      NEKUL L.,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             THIRUVANANTHAPRUAM-695001.
                                    12
W.A.NOS.997 OF 2016 & CON. CASES
                                                    2024:KER:66467


      9      PRASANNA M.,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             KANNUR-670001

     10      SUNILKUMAR T.,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             THIRUVANANTHAPRUAM-695001.

     11      SURESH S.,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             PERUMBAVOOR-683542

     12      LEO RAJAN
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             IRINJALAKUDA -680121.

     13      SHIJU ALEX E
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             KOZHIKODE-673001

     14      RAKESH PAUL P.,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             THIRUVANANTHAPURAM-695001

     15      OOMMAN N.L.,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             THIRUVANANTHAPRUAM-695001.


     16      NIRMAL KUMAR
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             KASARAGOD-671121

     17      NELSON M.V.
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             THIRUVANANTHAPURAM-695001

     18      MUJEEB M
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE, MANJERI-
             676121

     19      SHAJIRUDDEEN K.,
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE, MANJERI-
             676121
                                    13
W.A.NOS.997 OF 2016 & CON. CASES
                                                    2024:KER:66467



     20      JAIS STEPHEN
             JUNIOR ASSISTANT/CASHIER, ELECTRICAL CIRCLE,
             THIRUVANANTHAPURAM-695001.



       THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03.09.2024,
ALONG WITH WA.1356/2016 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
                                      14
W.A.NOS.997 OF 2016 & CON. CASES
                                                      2024:KER:66467



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

                                     &

            THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

    TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                             WA NO. 1018 OF 2016

          AGAINST THE JUDGMENT DATED 18.01.2016 IN WPC NO.25969 OF

                       2005 OF HIGH COURT OF KERALA


APPELLANT/THIRD PARTY:

             M.BINOJ MANI
             SENIOR ASSISTANT, K.S.E.BOARD, SPORTS CELL, VYDYUTHI
             BHAVAN, THIRUVANANTHAPURAM, RESIDING AT HOUSE NO.45,
             WATTS LANE, NANTHENCODE, THIRUVANANTHAPURAM.


             BY ADVS.
             SRI.S.RAMESH
             SRI.NAVEEN.T
             SMT.POOJA SURENDRAN


RESPONDENTS/PETITIONERS & RESPONDENTS IN THE W.P.:

      1      K.P.ANEESH
             S/O. LATE K.P.RAJAGOPALAN, OFFICE ATTENDANT,
             ELECTRICAL DIVISION, KSE BOARD, SHORNUR - 679 121.

      2      VISHNU PRASAD
             S/O.V.VASU, OFFICE ATTENDANT, OFFICE OF THE DEPUTY
             CHIEF ENGINEER, ELECTRICAL CIRCLE, KSE BOARD, PALAKKAD
             - 678 001.

             THE KERALA STATE ELECTRICITY BOARD
                                    15
W.A.NOS.997 OF 2016 & CON. CASES
                                                     2024:KER:66467


      3      REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM
             P.O., THIRUVANANTHAPURAM - 695 004.


      4      STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA,
             POWER (A) DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM - 695 001.

      5      THE PUBLIC SERVICE COMMISSION
             REPRESENTED BY ITS SECRETARY, PATTOM,
             THIRUVANANTHAPURAM - 695 004.


             BY ADVS.
             SRI.P.C.SASIDHARAN, SC, KPSC
             SRI.PULIKOOL ABUBACKER, SC, KSEB



       THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03.09.2024,
ALONG WITH WA.1356/2016 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
                                      16
W.A.NOS.997 OF 2016 & CON. CASES
                                                      2024:KER:66467



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

                                     &

            THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

    TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                             WA NO. 1020 OF 2016

          AGAINST THE JUDGMENT DATED 18.01.2016 IN WPC NO.20916 OF

                       2005 OF HIGH COURT OF KERALA


APPELLANTS/RESPONDENTS 5 TO 10, 12, 14 TO 18, 20 TO 30, 36, 38,
39, 42, 45 AND 47 IN THE W.P.:

      1      RACHEL THOMAS
             CASHIER, ELECTRICAL WEST DIVISION, KSEB, CHAKKAYI,
             TRIVANDRUM, (NOW WORKING AS SENIOR ASSISTANT,
             ELECTRICAL SECTION, KSEB, PEROORKADA).

      2      M.BINOJ MANI
             CASHIER, KSEB, ELECTRICAL SECTION, PEROORKADA,
             THIRUVANANTHAPURAM,(NOW WORKING AS SENIOR ASSISTANT,
             SPORTS CELL, VYDYUDHI BHAVAN, THIRUVANANTHAPURAM).

      3      SINDHU P.V.,
             CASHIER, KSEB, ELECTRICAL DIVISION, CHAKKAYI(WEST),
             THIRUVANANTHAPURAM. (NOW WORKING AS SENIOR ASSISTANT,
             ELECTRICAL SECTION, KSEB, THIRUVALLA).

      4      SHYAM K.M
             CASHIER, KSEB, ELECTRICAL SUB DIVISION,
             PUTHENCHANTHAI, THIRUVANANTHAPURAM.(NOW WORKING AS
             CASHIER, ELECTRICAL SECTION, KSEB, KANJOOR).

      5      REMYA I
             CASHIER, KSEB, ELECTRIAL SECTION, POOJAPPURA,
                                    17
W.A.NOS.997 OF 2016 & CON. CASES
                                                    2024:KER:66467


             THIRUVANANTHAPURAM.(NOW WORKING AS SENIOR ASSISTANT,
             ELECTRICAL SECTION, KSEB, POOJAPPURA).

      6      ANISH S.,
             CASHIER, KSEB, ELECTRIAL SECTION, MANACAUD,
             THIRUVANANTHAPURAM.(NOW WORKING AS SENIOR ASSISTANT,
             OFFICE OF THE CHIEF ENGINEER (HRM), KSEB, VYDYUTHI
             BHAVAN, THIRUVANANTHAPURAM).

      7      JITHESH KUMAR P.V.,
             CASHIER, KSEB, ELECTRICAL DIVISION, POWER HOUSE
             (WEST), THIRUVANANTHAPURAM.(NOW WORKING AS JUNIOR
             ASSISTANT, TRANSMISSION CIRCLE, KSEB, PALAKKAD).

      8      DEEPTHYMOL V.T.,
             CASHIER, KSEB, ELECTRICAL SECTION, KESAVADASAPURAM,
             THIRUVANANTHAPURAM.(NOW WORKING AS SENIOR ASSISTANT,
             OFFICE OF THE CHIEF ENGINEER (HRM), VYDYUTHI BHAVAN,
             THIRUVANANTHAPURAM).

      9      ABHILASH S.B.,
             CASHIER, KSEB, ELECTRICAL SECTION, SREEKARIYAM,
             THIRUVANANTHAPURAM.(NOW WORKING AS SENIOR ASSISTANT,
             ELECTRICAL SECTION, KSEB, ULLOOR).

     10      MUJEER C.K.,
             CASHIER, KSEB, ELECTRICAL DIVISION WEST, CAKKAYI,
             THIRUVANANTHAPURAM.(NOW WORKING AS SENIOR ASSISTANT,
             ELECTRICAL SECTION, KSEB, PERAMBRA SOUTH).

     11      SREEJA O.K.,
             CASHIER, KSEB, ELECTRICAL SECTION, PETTA,
             THIRUVANANTHAPURAM.(NOW WORKING AS SENIOR ASSISTANT,
             ELECTRICAL SECTION, KSEB, VADAKARA NORTH).

     12      RESMI PAUL,
             CASHIER, KSEB, ELECTRICAL SECTION, FORT,
             THIRUVANANTHAPURAM.(NOW WORKING AS SENIOR ASSISTANT,
             OFFICE OF THE CHIEF ENGINEER (HRM), VYDYUTHI BHAVAN,
             THIRUVANANTHAPURAM).

     13      ANILKUMAR N.,
             CASHIER, KSEB, ELECTRICAL SECTION, MANACAUD,
             THIRUVANANTHAPURAM.(NOW WORKING AS CASHIER, ELECTRICAL
             SECTION, KSEB, KARAMANA).
                                    18
W.A.NOS.997 OF 2016 & CON. CASES
                                                    2024:KER:66467



     14      SREEKUMAR S.,
             CASHIER, KSEB, ELECTRICAL SECTION, FORT,
             THIRUVANANTHAPURAM.(NOW WORKING AS CASHIER, ELECTRICAL
             SECTION, KSEB, KARAMANA).

     15      DOLLYAMMA GEORGE
             CASHIER, KSEB, ELECTRICAL SECTION, ULLOOR,
             THIRUVANANTHAPURAM.(NOW WORKING AS SENIOR ASSISTANT,
             BOARD SECRETARIAT, KSEB, VYDYUTHI BHAVAN,
             THIRUVANANTHAPURAM).

     16      PRIYA B.,
             CASHIER, KSEB, ELECTRICAL SECTION, KESAVADASAPURAM,
             THIRUVANANTHAPURAM.(NOW WORKING AS SENIOR ASSISTANT,
             OFFICE OF THE C.I.A, KSEB, VYDYUTHI BHAVAN, KSEB,
             THIRUVANANTHAPURAM).

     17      RAMESH P.B.,
             CASHIER, KSEB, ELECTRICAL SECTION, CANTONMENT,
             THIRUVANANTHAPURAM.(NOW WORKING AS SENIOR ASSISTANT,
             SPORTS CELL,VYDYUTHI BHAVAN,KSEB, THIRUVANANTHAPURAM.

     18      JASEER KARANATH
             CASHIER, KSEB, ELECTRICAL SECTION, PUTHENCHANTHAI,
             THIRUVANANTHAPURAM. (NOW WORKING AS SENIOR ASSISTANT,
             ELECTRICAL SECTION, KSEB, KEEZHUPARAMBA).

     19      VISHNUCHAND M.,
             CASHIER, KSEB, ELECTRICAL SECTION, BEACH,
             THIRUVANANTHAPURAM. (NOW WORKING AS SENIOR ASSISTANT,
             ELECTRICAL DIVISION, KSEB, THIRUVANANTHAPURAM).

     20      RAJESH KUMAR T.D., CASHIER, KSEB, ELECTRICAL SECTION,
             POOJAPPURA, THIRUVANANTHAPURAM. (NOW WORKING AS SENIOR
             ASSISTANT, ELECTRICAL SECTION, KSEB, KALOOR).

     21      M.BINU MANI.,
             CASHIER, KSEB, ELECTRICAL SECTION, PEROORKADA,
             THIRUVANANTHAPURAM. (NOW WORKING AS SENIOR ASSISTANT,
             ELECTRICAL SECTION, KSEB, THYCAUD).

     22      VIJAYAKUMAR P.O.,
             CASHIER, KSEB, ELECTRICAL SECTION, PETTA,
             THIRUVANANTHAPURAM. (NOW WORKING AS CASHIER,
                                    19
W.A.NOS.997 OF 2016 & CON. CASES
                                                    2024:KER:66467


             TRANSMISSION CIRCLE, KSEB, THIRUVANANTHAPURAM).

     23      PRIYESH JACOB,
             CASHIER, KSEB, ELECTRICAL SECTION, VELLAYAMBALAM,
             THIRUVANANTHAPURAM. (NOW WORKING AS CASHIER,
             ELECTRICAL SECTION, KSEB, PULPPALLY).

     24      SINDHU P.R.,
             CASHIER, KSEB, ELECTRICAL SECTION, KODUNGALLOOR. (NOW
             WORKING AS CASHIER, ELECTRICAL SECTION, KSEB,
             EZHIKKARA).

     25      NAIJU T.A.,
             CASHIER, KSEB, ELECTRICAL SECTION, KUZHOOR. (NOW
             WORKING AS CASHIER, ELECTRICAL SECTION, KSEB,
             PUTHENVELIKKARA).

     26      DINESHAN P.A.,
             CASHIER, KSEB, ELECTRICAL SECTION, KALAMASSERY. (NOW
             WORKING AS CASHIER, ELECTRICAL SECTION, KSEB,
             KOTHAMANGALAM).

     27      SIJU MATHEW.,
             CASHIER, KSEB, ELECTRICAL SECTION, VATTIYOORKAVU. (NOW
             WORKING AS CASHIER, ELECTRICAL SECTION, KSEB,
             VALAKOM).

     28      BAIJU MATHEW
             SENIOR ASSISTANT, ELECTRICAL DIVISION, KSEB, KALPETTA,
             WAYANAD. (NOW WORKING AS SENIOR ASSISTANT), ELECTRICAL
             SECTION, KSEB, PAMPAKUDA).

     29      USHA M.,
             CASHIER, ELECTRICAL DIVISION, KSEB, CHITTOOR,
             PALAKKAD. (NOW WORKING AS CASHIER, ELECTRICAL SECTION,
             KSEB, VANDITHAVALAM, PALAKKAD).

     30      LIJI GEORGE.,
             SENIOR ASSISTANT, ELECTRICAL CIRCLE, KSEB, PALA,
             KOTTAYAM. (NOW WORKING AS SENIOR ASSISTANT, ELECTRICAL
             SECTION, KSEB, MARANGATTUPPALLY).


             BY ADVS.
             SRI.S.RAMESH
                                    20
W.A.NOS.997 OF 2016 & CON. CASES
                                                    2024:KER:66467


             SRI.NAVEEN.T
             SMT.POOJA SURENDRAN




RESPONDENTS/PETITIONERS AND RESPONDENTS 1 TO 4, 11, 13, 19, 31 TO
35, 40, 41 AND 43 TO 44, 46 & 48 IN THE W.P.:



      1      S.SAJIKUMAR.,
             S/O.SADANANDAN, OFFICE ATTENDANT-II, OFFICE OF THE
             FINANCIAL ADVISOR, KSEB, VYDHYUTHI BHAVAN, PATTOM,
             THIRUVANANTHAPURAM-695 004.

      2      V.VINOD.,
             S/O.VIKRAMAN NAIR, OFFICE ATTENDANT-II, OFFICE OF THE
             DEPUTY CHIEF ENGINEER(APTS), KSEB, POWER HOUSE,
             PATTOM, THIRUVANANTHAPURAM-695 004.

      3      JEEVANLAL R.S.,
             S/O.SREENIVASAN M.P., OFFICE ATTENDANT-II, OFFICE OF
             THE CHIEF ENGINEER(HRM), KSEB, VYDHYUTHI BHAVAN,
             PATTOM, THIRUVANANTHAPURAM-695 004.

      4      S.N.RAJEEV KUMAR.,
             S/O.S.NARAYANAN THAMPI, OFFICE ATTENDANT-II, OFFICE OF
             THE CHIEF ENGINEER (HRM), KSEB, VYDHYUTHI BHAVAN,
             PATTOM, THIRUVANANTHAPURAM-695 004.

      5      S.L.PRADEEP.,
             S/O.SUKUMARAN NAIR, OFFICE ATTENDANT-II, OFFICE OF THE
             CHIEF ENGINEER (HRM), KSEB, VYDHYUTHI BHAVAN, PATTOM,
             THIRUVANANTHAPURAM-695 004.

      6      S.SHAL.,
             S/O.SUKUMARAN NAIR, OFFICE ATTENDANT-II, OFFICE OF THE
             CHIEF ENGINEER (IPDS), KSEB, VYDHYUTHI BHAVAN, PATTOM,
             THIRUVANANTHAPURAM-695 004.

      7      KERALA STATE ELECTRICITY BOARD
             REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN,
             PATTOM, THIRUVANANTHAPURAM-695 004.
                                    21
W.A.NOS.997 OF 2016 & CON. CASES
                                                     2024:KER:66467


      8      THE CHIEF ENGINEER (HRM), K.S.E.BOARD, VYDHYUTHI
             BHAVAN, PATTOM, THRUVANANTHAPURAM-695 004.

      9      THE SPORTS CO-ORDINATOR, K.S.E.BOARD, VYDHYUTHI
             BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004.

     10      THE KERALA PUBLIC SERVICE COMMISSION
             REPRESENTED BY ITS SECRETARY, PATTOM,
             THIRUVANANTHAPURAM-695 004.

     11      NELSON M.V.,
             CASHIER, KSEB, ELECTRICAL SECTION, CANTONMENT,
             THIRUVANANTHAPURAM-695 001.

     12      OOMMEN K.J.,
             CASHIER, KSEB, ELECTRICAL SECTION, ULLOOR,
             THIRUVANANTHAPURAM-695 011.

     13      JAIS STEPHEN,
             CASHIER, KSEB, ELECTRICAL DIVISION, POWER HOUSE(WEST),
             THIRUVANANTHAPURAM-695 001.

     14      SUNIL KUMAR T.,
             CASHIER, KSEB, ELECTRICAL SECTION, PETTA,
             THIRUVANANTHAPURAM-695 001.

     15      SURESH S.,
             CASHIER, KSEB, ELECTRICAL SECTION, VARKALA-695 141.

     16      NEKUL L.,
             CASHIER, KSEB, ELECTRICAL SECTION, VARKALA-695 141.

     17      SHAJRUDDEEN K.,
             CASHIER, KSEB, ELECTRICAL SECTION, OTHUKUNGAL-676 528.

     18      MUJEEB M.,
             CASHIER, KSEB, ELECTRICAL SECTION, MANJERI NORTH-676
             121.

     19      PRASANNA M.,
             JUNIOR ASSISTANT/CASHIER, KSEB, ELECTRICAL CIRCLE,
             KANNUR-670 001.
                                    22
W.A.NOS.997 OF 2016 & CON. CASES
                                                    2024:KER:66467


     20      GISHA.GEORGE,
             SENIOR ASSISTANT, ELECTRICAL DIVISION, THRISSUR(WEST),
             KSEB, THRISSUR-680 001.

     21      LEO RAJAN,
             SENIOR ASSISTANT, ELECTRICAL DIVISION, KSEB,
             CHALAKUDY-680 307.

     22      NIRMAL KUMAR
             SENIOR ASSISTANT, ELECTRICAL DIVISION, KSEB,
             KASARGODE-671 121.

     23      SHIJU ALEX,
             OVERSEER (ELE.), ELECTRICAL DIVISION, KSEB, KAKKODI,
             KOZHIKODE-673 611.

     24      STATE OF KERALA
             REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA,
             POWER(A)DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM-695 001.


             BY ADVS.
             SRI.JELSON J.EDAMPADAM
             SRI.PIRAPPANCODE V.S.SUDHIR
             SRI.P.C.SASIDHARAN, SC, KPSC
             SRI.PULIKOOL ABUBACKER, SC, KSEB



       THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03.09.2024,
ALONG WITH WA.1356/2016 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
                                      23
W.A.NOS.997 OF 2016 & CON. CASES
                                                      2024:KER:66467



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

                                     &

            THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

    TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                             WA NO. 1625 OF 2016

          AGAINST THE JUDGMENT DATED 18.01.2016 IN WPC NO.20916 OF

                       2005 OF HIGH COURT OF KERALA


APPELLANTS/RESPONDENTS 1 TO 3:

      1      KERALA STATE ELECTRICITY BOARD
             REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM,
             TRIVANDRUM.

      2      THE CHIEF ENGINEER (HRM),
             VYDYUTHI BHAVANAM, PATTOM, TRIVANDRUM.

      3      THE SPORTS CO-ORDINATOR
             K.S.E.B VYDYUTHI BHAVANAM, PATTOM P.O., TRIVANDRUM.


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




RESPONDENTS/PETITIONERS AND RESPONDENTS 4 TO 48 :

      1      S.SAJIKUMAR
             AGED 45 YEARS, S/O SADANANDAN, OFFICE ATTENDANT II,
             O/O THE FINANCIAL ADVISOR, K.S.E.B., VYDYUTHI
             BHAVANAM, PATTOM P.O, TRIVANDRUM-695 001.
                                    24
W.A.NOS.997 OF 2016 & CON. CASES
                                                    2024:KER:66467


      2      V. VINOD
             AGED 43 YEARS, S/O VIKRAMAN NAIR, OFFICE ATTENDANT II,
             O/O THE DEPUTY CHIEF ENGINEER (APTS), K.S.E.B, POWER
             HOUSE, PATTOM P.O, TRIVANDRUM-695 001..

      3      JEEVANLAL R.S., AGED 36 YEARS, S/O SRINIVASAN M.P,
             OFFICE ATTENDANT II, BOARD SECRETARIAT, K.S.E.B.
             VYDYUTHI BHAVANAM, PATTOM P.O., TRIVANDRUM-695 001.

      4      S.N. RAJEEV KUMAR
             AGED 41 YEARS, S/O S. NARAYAN THAMPI, OFFICE ATTENDANT
             II, O/O THE CHIEF ENGINEER (HRM), K.S.E.B VYDYUTHI
             BHAVANAM, PATTOM P.O., TRIVANDRUM-695 001.

      5      S.L. PRADEEP
             AGED 41 YEARS, S/O SUKUMARAN NAIR, OFFICE ATTENDANT
             II,
             O/O THE CHIEF ENGINEER (HRM), K.S.E.B VYDYUTHI
             BHAVANAM, PATTOM P.O., TRIVANDRUM-695 001.

      6      S. SHAL,
             AGED 40 YEARS, S/O SUKUMARAN NAIR, OFFICE ATTENDANT
             II,
             O/O THE CHIEF ENGINEER (IPDS), K.S.E.B (VYDYUTHI
             BHAVANAM, PATTOM P.O., TRIVANDRUM-695 001.

      7      KERALA PUBLIC SERVICE COMMISSION
             REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM 695
             001.

      8      RACHAL THOMAS
             CASHIER (PROVISIONAL), ELECTRICAL WEST DIVISION,
             K.S.E.B LTD, CHAKKAYI, THIRUVANANTHAPURAM 695 001.

      9      SANOJ MANI M.,
             CASHIER K.S.E.B LTD, ELECTRICAL SECTION, PEROORKADA,
             THIRUVANANTHAPURAM 695 001.

     10      SINDHU P.V.,
             CASHIER, K.S.E.B LTD, ELECTRICAL DIVISION, CHAKKAYI
             (WEST), THIRUVANANTHAPURAM 695 001.

     11      SHYAM K.M.,
             CASHIER, K.S.E.B LTD, ELECTRICAL SUB DIVISION,
             PUTHENCHANTHAI, THIRUVANANTHAPURAM 695 001.
                                    25
W.A.NOS.997 OF 2016 & CON. CASES
                                                    2024:KER:66467




     12      REZYA I.,
             CASHIER, K.S.E.B LTD, ELECTRICAL SECTION, POOJAPURA,
             THIRUVANANTHAPURAM 695 001.

     13      ANEESH S.,
             CASHIER, K.S.E.B LTD, ELECTRICAL SECTION, MANACAUD,
             THIRUVANANTHAPURAM 695 001.

     14      NELSON M.V.,
             CASHIER, K.S.E.B LTD, ELECTRICAL SECTION, CANTONMENT,
             THIRUVANANTHAPURAM 695 001.

     15      JITHESH KUMAR P.V.,
             CASHIER, K.S.E.B LTD, ELECTRICAL DIVISION, POWER
             HOUSE, (WEST), THIRUVANANTHAPURAM 695 001.

     16      OOMMEN K.J.,
             CASHIER, K.S.E.B LTD, ELECTRICAL SECTION, ULLOOR,
             THIRUVANNATHAPURAM 695 001.

     17      DEEPTHIMOL V.T.,
             CASHIER, K.S.E.B, LTD, ELECTRICAL SECTION,
             KESAVADASAPURAM, THIRUVANANTHAPURAM 695 001.

     18      ABHILASH K.B.,
             CASHIER, K.S.E.B LTD, ELECTRICAL SECTION, SREKARIYAM,
             THIRUVANANTHAPURAM 695 001.

     19      MUJEEB C.K.,
             CASHIER, K.S.E.B LTD, ELECTRICAL DIVISION WEST,
             CHAKKAYI, THIRUVANANTHAPURAM 695 001.

     20      SREEJA O.K.,
             CASHIER, K.S.E.B LTD, ELECTRICAL SECTION, PETTA,
             THIRUVANANTHAPURAM 695 001.

     21      RESHMI PAUL,
             CASHIER, K.S.E.B LTD, ELECTRICAL SECTION, FORT,
             THIRUVANANTHAPURAM 695 001.

     22      JAIS STEPHEN,
             CASHIER, K.S.E.B LTD, ELECTRICAL DIVISION, POWER HOUSE
                                    26
W.A.NOS.997 OF 2016 & CON. CASES
                                                    2024:KER:66467


             (WEST), THIRUVANANTHAPURAM 695 001.

     23      ANILKUMAR.M.,
             CASHIER, K.S.E.B LTD, ELECTRICAL SECTION, MANACAUD,
             THIRUVANANTHAPURAM 695 001.

     24      S. SREEKUMAR
             CASHIER, K.S.E.B LTD, ELECTRICAL SECTION, FORT,
             THIRUVANANTHAPURAM 695 001.

     25      DOLIAMMA GEORGE,
             CASHIER, K.S.E.B LTD, ELECTRICAL SECTION, ULLOOR,
             THIRUVANANTHAPURAM 695 001.

     26      PRIYA S.,
             CASHIER, K.S.E.B LTD, ELECTRICAL SECTION,
             KESAVADASAPURAM, THIRUVANANTHAPURAM 695 001.

     27      RAMESH P.R.,
             CASHIER, K.S.E.B. LTD, ELECTRICAL SECTION, CONTONMENT,
             THIRUVANANTHAPURAM 695 001.

     28      JASEER KARANATH
             CASHIER, K.S.E.B. LTD, ELECTRICAL SECTION,
             PUTHENCHANTHAI, THIRUVANANTHAPURAM 695 001.

     29      VISHUCHAND M.,
             CASHIER, K.S.E.B LTD, ELECTRICAL SECTION, BEACH,
             THIRUVANANTHAPURAM 695 001.

     30      RAJESH KUMAR T.D., CASHIER, K.S.E.B LTD, ELECTRICAL
             SECTION, POOJAPURA, THIRUVANANTHAPURAM 695 001.

     31      BINU MANI, CASHIER, K.S.E.B LTD, ELECTRICAL SECTION,
             PEROORKADA, THIRUVANNATHAPURAM 695 001.

     32      VIJAYAKUMAR P.O.,
             CASHIER, K.S.E.B LTD, ELECTRICAL SECTION, PETTA,
             THIRUVANANTHAPURAM 695 001.

     33      PRAYESH JACOB,
             CASHIER, K.S.E.B LTD, ELECTRICAL SECTION,
             VELLAYAMBALAM, THIRUVANANTHAPURAM 695 001.
                                    27
W.A.NOS.997 OF 2016 & CON. CASES
                                                    2024:KER:66467


     34      SUNIL KUMAR.T
             CASHIER, K.S.E.B. LTD, ELECTRICAL SECTION, PETTA,
             THIRUVANANTHAPURAM - 695 001.
     35      SURESH .S
             CASHIER, K.S.E.B LTD, ELECTRICAL SECTION, VARKALA 696
             141.

     36      NEKUL L.,
             CASHIER, K.S.E.B LTD, ELECTRICAL SECTION, VARKALA 696
             141.

     37      SHAJRUDDEEN K.,CASHIER, K.S.E.B LTD, ELECTRICAL
             SECTION, OTHUKUNGAL 676 528.

     38      MUJEEB, CASHIER, K.S.E.B LTD, ELECTRICAL SECTION,
             MANJERI NORTH 676 121.

     39      SINDHU P.R.,CASHIER, K.S.E.B LTD, ELECTRICAL SECTION,
             KODUNGALLOOR 680 664.

     40      REIJU T.A., CASHIER, K.S.E.B LTD, ELECTRICAL SECTION,
             KUZHOOR, 680 734.

     41      DINESH P.A., CASHIER, K.S.E.B LTD, ELECTRICAL SECTION,
             KALAMASSERY 683 104.

     42      SIJU MATHEW, CASHIER, K.S.E.B LTD, ELECTRICAL SECTION,
             VATTIYOORKAVU 695 013.

     43      PRASANNA M., JR. ASSISTANT, CASHIER, K.S.E.B LTD,
             ELECTRICAL CIRCLE, KANNUR 670 001.

     44      GISHA A GEROGE, SENIOR ASSISTANT, K.S.E.B LTD,
             ELECTRICAL DIVISION, THRISSUR (WEST), THRISSUR 680
             516.

     45      BAIJU MATHEW, SENIOR ASSISTANT, K.S.E.B LTD,
             ELECTRICAL DIVISION, KALPETTA, WAYANAD 673 574.

     46      LEO RAJAN, SENIOR ASSISTANT, K.S.E.B LTD, ELECTRICAL
             DIVISION, CHALAKKUDY 680 307.

     47      NIRMAL KUMAR, SENIOR ASSISTANT, K.S.E.B LTD,
             ELECTRICAL DIVISION, KASARGOD 671 121.
                                    28
W.A.NOS.997 OF 2016 & CON. CASES
                                                    2024:KER:66467



     48      USHA M, CASHIER, K.S.E.B LTD, ELECTRICAL DIVISION,
             CHITTOOR 678 101.

     49      SHIJU ALEX, OVERSEER (ELE), K.S.E.B LTD, ELECTRICAL
             DIVISION, KAKKODI, KOZHIKODE DISTRICT 673 611.

     50      LIJI GEORGE, SENIOR ASSISTANT, K.S.E.B LTD, ELECTRICAL
             CIRCLE, PALA, KOTTAYAM 686 575.

     51      STATE OF KERALA
             REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA POWER
             (A) DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM 695 001.

             BY ADVS.
             SRI.S.RAMESH
             SRI.P.C.SASIDHARAN, SC, KPSC



       THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03.09.2024,
ALONG WITH WA.1356/2016 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
                                      29
W.A.NOS.997 OF 2016 & CON. CASES
                                                      2024:KER:66467



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                     &
            THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

    TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
                             WA NO. 1660 OF 2016
          AGAINST THE JUDGMENT DATED 18.01.2016 IN WPC NO.25969 OF
                       2005 OF HIGH COURT OF KERALA



APPELLANT/RESPONDENT NO.1:



             KERALA STATE ELECTRICITY BOARD
             REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM
             P.O., THIRUVANANTHAPURAM.

             BY ADV SMT.ANEETHA A.G., SC, KERALA STATE ELECTRICITY
             BOARD LIMITED


RESPONDENTS/PETITIONERS AND RESPONDENTS NO:2 AND 3:

      1      K.P.ANEESH, AGED 24 YEARS, S/O. LATE K. P.RAJAGOPALAN,
             OFFICE ATTENDANT, ELECTRICAL DIVISION, K.S.E.B.
             SHORNUR, PIN- 679 121.

      2      VISHNU PRASAD
             AGED 25AGED 25 YEARS, S/O. V. VASU, OFFICE, ATTENDANT,
             O/O THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE,
             K.S.E. B. PALAKKAD, PIN- 678 001.

      3      STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA
             POWER (A) DEPARTMENT, GOVERNMENT SECRETARIAT,
             TRIVANDRUM, PIN- 695 001.
                                    30
W.A.NOS.997 OF 2016 & CON. CASES
                                                     2024:KER:66467


      4      THE KERALA PUBLIC SERVICE COMMISSION.
             REPRESENTED BY ITS SECRETARY, PATTOM,
             THIRUVANANTHAPURAM, PIN- 695 001.


             BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC


       THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 03.09.2024,
ALONG WITH WA.1356/2016 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
                                      31
W.A.NOS.997 OF 2016 & CON. CASES
                                                      2024:KER:66467



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

                                     &

            THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

    TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                             WA NO. 1911 OF 2016

          AGAINST THE JUDGMENT DATED 18.01.2016 IN WPC NO.20916 OF

                       2005 OF HIGH COURT OF KERALA


APPELLANTS/PETITIONERS:

      1      S.SAJI KUMAR, S/O. SADANANDAN, OFFICE ATTENDANT-II,
             OFFICE OF THE FINANCIAL ADVISOR, K.S.E.B., VYDHYUTHI
             BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM.

      2      V.VINOD, S/O.VIKRAMAN NAIR, OFFICE ATTENDANT-II,
             OFFICE OF THE DEPUTY CHIEF ENGINEER (APTS), K.S.E.B.,
             POWER HOUSE, PATTOM P.O., THIRUVANANTHAPURAM.

      3      JEEVANLAL R.S., S/O. SREENIVASAN M.P., OFFICE
             ATTENDANT-II, BOARD SECRETARIAT, K.S.E.B., VYDHYUTHI
             BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM.

      4      S.N.RAJEEV KUMAR, S/O. S.NARAYANAN THAMPI,
             OFFICE ATTENDANT-II, OFFICE OF THE CHIEF ENGINEER
             (HRM), K.S.E.B., VYDHYUTHI BHAVAN, PATTOM P.O.,
             THIRUVANANTHAPURAM.

      5      S.L.PRADEEP, S/O. SUKUMARAN NAIR, OFFICE ATTENDANT-II,
             OFFICE OF THE CHIEF ENGINEER (HRM), K.S.E.B.,
             VYDHYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM.

      6      S.SHAL, S/O. SUKUMARAN NAIR, OFFICE ATTENDANT-II,
             OFFICE OF THE CHIEF ENGINEER (IPDS), K.S.E.B.,
             VYDHYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM.
                                    32
W.A.NOS.997 OF 2016 & CON. CASES
                                                     2024:KER:66467



             BY ADVS.
             SRI.PIRAPPANCODE V.S.SUDHIR
             SRI.JELSON J.EDAMPADAM



RESPONDENTS/RESPONDENTS:

      1      KERALA STATE ELECTRICITY BOARD
             REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN, PATTOM
             P.O., THIRUVANANTHAPURAM.

      2      THE CHIEF ENGINEER (HRM),
             K.S.E.B., VYDHYUTHI BHAVAN, PATTOM.P.O.,
             THIRUVANANTHAPURAM.

      3      THE SPOTS CO-ORDINATOR
             K.S.E.B., VYDHYUTHI BHAVAN, PATTOM.P.O.,
             THIRUVANANTHAPURAM.

      4      THE PUBLIC SERVICE COMMISSION
             REPRESENTED BY ITS SECRETARY, PATTOM,
             THIRUVANANTHAPURAM.

      5      RACHEL THOMAS
             CASHIER (PROVISIONAL), ELECTRICAL WEST DIVISION,
             K.S.E.B., CHAKKAYI, THIRUVANANTHAPURAM.

      6      SINOJ MANI M., CASHIER, KSEB, ELECTRICAL DIVISION,
             PEROORKADA, THIRUVANANTHAPURAM.

      7      SINDHU P.V.,CASHIER, KSEB, ELECTRICAL DIVISION,
             CHAKKAYI(WEST), THIRUVANANTHAPURAM.

      8      SYAM K.M., CASHIER, KSEB, ELECTRICAL SUB DIVISION,
             PUTHENCHANTHAI, THIRUVANANTHAPURAM.

      9      REZYA I., CASHIER, KSEB, ELECTRICAL SECTION,
             POOJAPPURA, THIRUVANANTHAPURAM.

     10      ANEESH S, CASHIER, KSEB, ELECTRICAL SECTION, MANACAUD,
             THIRUVANANTHAPURAM.
                                    33
W.A.NOS.997 OF 2016 & CON. CASES
                                                    2024:KER:66467


     11      NELSON M.V.,
             CASHIER, KSEB, ELECTRICAL SECTION,CANTONMENT,
             THIRUVANANTHAPURAM.

     12      JITHESH KUMAR P.V.,
             CASHIER, KSEB, ELECTRICAL DIVISION, POWER HOUSE(WEST),
             THIRUVANANTHAPURAM.

     13      OOMMEN K.J.,
             CASHIER, KSEB, ELECTRICAL SECTION, ULLOOR,
             THIRUVANANTHAPURAM.

     14      DEEPTHIMOL V.T.,
             CASHIER, KSEB, ELECTRICAL SECTION, KESAVADASAPURAM,
             THIRUVANANTHAPURAM.

     15      ABHILASH K.B.,
             CASHIER, KSEB, ELECTRICAL SECTION, SREEKARIYAM,
             THIRUVANANTHAPURAM.

     16      MUJEER C.K.,
             CASHIER, KSEB, ELECTRICAL DIVISION, CHAKKAYI(WEST),
             THIRUVANANTHAPURAM.

     17      SREEJA O.K.,
             CASHIER, KSEB, ELECTRICAL SECTION, PETTA,
             THIRUVANANTHAPURAM.

     18      RESMI PAUL,
             CASHIER, KSEB, ELECTRICAL SECTION, FORT,
             THIRUVANANTHAPURAM.

     19      JAIS STEPHERN,
             CASHIER, KSEB, ELECTRICAL DIVISION,POWER HOUSE(WEST),
             THIRUVANANTHAPURAM.

     20      ANIL KUMAR M.,
             CASHIER, KSEB, ELECTRICAL SECTION, MANACAUD,
             THIRUVANANTHAPURAM.

     21      S.SREEKUMAR, CASHIER, KSEB, ELECTRICAL SECTION, FORT,
             THIRUVANANTHAPURAM.
                                    34
W.A.NOS.997 OF 2016 & CON. CASES
                                                    2024:KER:66467



     22      DOLLAMMA GEORGE
             CASHIER, KSEB, ELECTRICAL SECTION, ULLOOR,
             THIRUVANANTHAPURAM.

     23      PRIYA S., CASHIER, KSEB, ELECTRICAL SECTION,
             KESAVADASAPURAM, THIRUVANANTHAPURAM.

     24      RAMESH P.R., CASHIER, KSEB, ELECTRICAL SECTION,
             CANTONMENT, THIRUVANANTHAPURAM.

     25      JASEER KARANATH, CASHIER, KSEB, ELECTRICAL SECTION,
             PUTHENCHANTHAI, THIRUVANANTHAPURAM.

     26      VISHNUCHAND M., CASHIER, KSEB, ELECTRICAL SECTION,
             BEACH, THIRUVANANTHAPURAM.

     27      RAJESH KUMAR T.D., CASHIER, KSEB, ELECTRICAL SECTION,
             POOJAPPURA, THIRUVANANTHAPURAM.

     28      BINU MANI N., CASHIER, KSEB, ELECTRICAL SECTION,
             PEROORKADA, THIRUVANANTHAPURAM.

     29      VIJAYAKUMAR P.O., CASHIER, KSEB, ELECTRICAL SECTION,
             PETTAH, THIRUVANANTHAPURAM.

     30      PRAYESH JACOB, CASHIER, KSEB, ELECTRICAL SECTION,
             VELLAYAMBALAM, THIRUVANANTHAPURAM.

     31      SUNIL KUMAR T., CASHIER, KSEB, ELECTRICAL SECTION,
             PETTAH, THIRUVANANTHAPURAM.

     32      SURESH S., CASHIER, KSEB, ELECTRICAL SECTION, VARKALA.

     33      NEKUL L., CASHIER, KSEB, ELECTRICAL SECTION, VARKALA.

     34      SHAJIRUDDEEN K., CASHIER, KSEB, ELECTRICAL SECTION,
             OTHUKUNGAL.

     35      MUJEEB M., CASHIER, KSEB, ELECTRICAL SECTION, MANJERI
             NORTH.
                                    35
W.A.NOS.997 OF 2016 & CON. CASES
                                                    2024:KER:66467


     36      SINDHU P.R., CASHIER, KSEB, ELECTRICAL SECTION,
             KODUNGALLOORE.

     37      REIJU T.A., CASHIER, KSEB, ELECTRICAL SECTION,
             KUZHOOR.

     38      DINESAN P.A., CASHIER, KSEB, ELECTRICAL SECTION,
             KALAMASSERY.

     39      SIJU MATHEW,
             CASHIER, KSEB, ELECTRICAL SECTION, VATTIYOORKAVU.

     40      PRASANNA M., JUNIOR ASSISTANT,KSEB, ELECTRICAL CIRCLE,
             KANNUR.

     41      GISHA A.GEORGE,
             SENIOR ASSISTANT, KSEB, ELECTRICAL DIVISION,
             TRICHUR(WEST), TRICHUR.

     42      BAIJU MATHEW
             SENIOR ASSISTANT, KSEB, ELECTRICAL DIVISION,
             KALPETTA, WYNAD DIST.

     43      LEO RAJAN
             SENIOR ASSISTANT, KSEB, ELECTRICAL DIVISION,
             CHALAKUDY.

     44      NIRMAL KUMAR
             SENIOR ASSISTANT, KSEB, ELECTRICAL DIVISION,
             KASARGODE:671 121.

     45      USHA M.,
             CASHIER, KSEB, ELECTRICAL DIVISION, CHITTOOR.678 101.

     46      SHIJU ALEX
             OVERSEER (ELE.), KSEB, ELECTRICAL DIVISION, KAKKODI,
             KOZHIKODE DISIT.673 611.

     47      LIJI GEORGE, SENIOR ASSISTANT, KSEB, ELECTRICAL
             CIRCLE, PALA, KOTTAYAM.686 575.


     48      STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA,
                                    36
W.A.NOS.997 OF 2016 & CON. CASES
                                                    2024:KER:66467


             POWER(A)DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM.


             BY ADV SRI.S.RAMESH


       THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03.09.2024,
ALONG WITH WA.1356/2016 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
                                       37
W.A.NOS.997 OF 2016 & CON. CASES
                                                     2024:KER:66467



                                                        "C.R."

                                   JUDGMENT

(WA Nos.997, 1018, 1020, 1356, 1625, 1660 and 1911 of 2016

Harisankar V. Menon, J.

These connected writ appeals are filed under Section 5 of the

Kerala High Court Act, 1958, against a common judgment dated

18.01.2016 in W.P.(C)Nos.20916 of 2005 and connected cases,

rendered by a learned Single Judge of this Court.

2. Since the learned Single Judge has referred to the facts

in W.P.(C)No.20916 of 2005 while rendering the impugned

judgment, for the purpose of disposal of these appeals, we also

refer to the facts available in W.A.No.1020 of 2016, filed against

W.P.(C)No.20916 of 2005.

3. The petitioners in W.P.(C)No.20916 of 2005 are stated

to be employed as Office Attendant-II with the 1st respondent

Kerala State Electricity Board (for short 'the Board'). By Ext.P1

Board order dated 29.01.1971, the method of appointment and

W.A.NOS.997 OF 2016 & CON. CASES 2024:KER:66467

qualifications to the post of lower Division Clerk in the Board were

prescribed. As per the above order, 15% of vacancies were set

apart for promotion of Lower Grade employees like the Attenders,

prescribing the eligibility criteria as pass in SSLC with not less than

40% marks, not less than 5 years continuous service under the

Board, and a pass in the suitability test conducted by the 4 th

respondent Kerala Public Service Commission. By Ext.P2 dated

14.07.1995, in consultation with the Kerala Public Service

Commission, the Board prescribed the following conditions for

appointment to the post of Junior Assistant/Cashier from among

the Lower Grade employees of the Board against the 15% of

vacancies.

(i) Pass in SSLC

(ii) 5 years experience under the Board (3 years for Pre-Degree holders)

(iii) Pass in the suitability test with 40% marks, conducted by the Kerala Public Service Commission.

4. In the meantime, the Office Attenders, etc., who were

appointed in the Board being Sports persons were waived from

clearing the eligibility test, by Ext.P4 order issued by the Board

W.A.NOS.997 OF 2016 & CON. CASES 2024:KER:66467

dated 06.07.2005. In the said order, it is held as under:

"Having considered the note read as 2nd paper above, sanction is accorded to exclude the sports recruits in the Board from the requirement of Suitability Test for promotion to the cadre of Junior Assistant/Cashier.

2) Sanction is also accorded to promote the sports recruits in the Board to the cadre of Junior Assistant/Cashier w.e.f.

01-07-2005, as was done prior to 14-07-1995, following the guidelines stated below:

"Sports recruits, who have passed SSLC and having length of service of 5 years of Pre-degree having length of service of 3 years, in the pay scale of and below that of Junior Assistant will be appointed as Junior Assistant/Cashier. They will be imparted with training for 6 months in the post of Junior Assistant/Cashier and will be regularized in that post on satisfactory completion of the training and prescribed probation period."

3) Necessary posting orders will be issued by the Chief Engineer-HRM, K.S.E.Board."

On the basis of the Ext.P5 Board order, 44 sports persons were

provisionally promoted as Cashiers. These 44 persons have been

impleaded in the writ petition as respondents 5 to 46.

5. The petitioners have filed W.P.(C)No. 20916 of 2005 under

W.A.NOS.997 OF 2016 & CON. CASES 2024:KER:66467

Article 226 of the Constitution of India seeking a writ of certiorari

quashing Exts.P4 to P6 orders and also for a declaration that those

workmen recruited in the sports quota have to possess the

qualifications prescribed in Ext.P2 Board order for being promoted

as Junior Assistant/Cashier. It was also prayed that, the 4 th

respondent in the writ petition-the Kerala Public Service

Commission-may be directed to conduct suitability test for

selecting the candidates for promotion as Junior Assistant/Cashier

in the Board in the 15% quota for the Lower Grade employees.

6. The party respondents in the writ petition filed a counter

affidavit, relying on Rule 39 of the Kerala State and Subordinate

Service Rules, 1958 (for short 'KS & SSR') and contending that

there can be relaxation of the general provisions applicable in the

case of a group of persons or an individual, provided the

exemption granted is just and equitable. Ext.R5(a) Government

Order ratifying the decision to waive the suitability test in the case

of sports persons was also relied upon.

7. The learned Single Judge of this Court by the impugned

judgment dated 18.01.2016, found that by virtue of the proviso

W.A.NOS.997 OF 2016 & CON. CASES 2024:KER:66467

to Rule 4(j) of the Kerala Public Service Commission (Additional

Functions) (Consultation) Rules, 1966 (for short 'the Rules'), the

relaxation in the qualification without consultation with the Kerala

Public Service Commission have to be confined to 15 persons.

Therefore, the impugned orders were upheld only to the extent of

permitting 15 such promotions of sports quota recruits in an year.

It was further directed that the Board would have to rework the

promotions on the basis of the afore declaration. Finding thus, all

the writ petitions were allowed.

8. Aggrieved by the above judgment dated 18.01.2016, the

Kerala State Electricity Board (1st respondent in the writ petitions)

has filed W.A.Nos.1356, 1625 and 1660 of 2016. Party

respondents in W.P.(C)No.20916 of 2005 and 21518 of 2005 have

filed W.A.Nos.1020 and 997 of 2016, respectively. W.A.No.1018 of

2016 is filed by a third party after obtaining leave of this Court,

pointing out that the impugned judgment affects his prospects for

promotion in the Board. W.A.No.1911 of 2016 is filed by the

petitioners in W.P.(C)No.20916 of 2005, not satisfied with the

prescription of 15 persons as eligible for promotion from among

W.A.NOS.997 OF 2016 & CON. CASES 2024:KER:66467

the sportsmen without clearing the suitability test.

9. We have heard the learned Standing Counsel for the

Electricity Board, the learned counsel for the appellants, and the

learned counsel representing the respondents herein.

10. The main contention raised by the learned counsel for

the appellants is that the learned Single Judge ought to have

noticed that Rule 4(j) of the Rules is only applicable as against,

"appointment" of persons in entry cadres and not with reference

to "promotion" after the entry in service. It is also pointed out with

reference to Rules 3 and 4(c) of the Rules, that the exemption

from the suitability test by the Board without consultation of the

Kerala Public Service Commission was perfectly legal. The learned

counsel for the Kerala State Electricity Board points out that from

2000 to 2005, there was a ban on fresh appointments to the post

of cashier and therefore there is a backlog of at least 65 vacancies

and going by the limit of 15 numbers fixed by the learned Single

Judge, the Board is competent to effect 15 x 5 years = 75

promotions and the 44 promotions effected was within the

permissible limit. The learned counsel for the 3 rd party, who filed

W.A.NOS.997 OF 2016 & CON. CASES 2024:KER:66467

an appeal with leave has also adopted the submissions made as

above. The counsel for the appellant in W.A.No.1911 of 2016, on

the other hand, points out that the learned Single erred in

permitting the Board to effect even 15 promotions and according

to him, the Board is not competent to dispense with the suitability

test under any circumstances.

11. We have considered the rival submissions and the

relevant records. The following two issues arise for consideration

in these appeals:

(i) How far proviso to Rule 4(j) of the Rule would apply to

the facts and circumstances of the case?

(ii) Is the Board entitled to issue Ext.P4 by excluding the

sports recruits from the requirement of the suitability

test for promotion to the cadre of Assistants/Cashiers?

12. The dispute in these appeals is with reference to Ext.P4

order issued by the Board dated 06.07.2005. By the said order the

Board waived the suitability test as regards sports recruits. The

learned Single Judge, while disposing of the writ petitions referred

to Rule 4(j) of the Rule and the proviso thereto. A reading of the

W.A.NOS.997 OF 2016 & CON. CASES 2024:KER:66467

above Rule makes it clear that the same is with reference to

"appointment" of persons to various posts. Here, the situation is

not as regards "appointment of persons". Instead, the dispute was

with reference to "promotion" of persons already appointed under

the Board. There is substantial difference between "appointment"

and "promotion". Ext.P1 issued in the year 1971 pertaining

"recruitment" of LD Clerks makes the position clear. Under Ext.P1,

LD clerks are appointed either through "direct recruitment" or "by

transfer/promotion from lower division typist". Ext.P4 also speaks

about "promotion" of sports recruits already working under the

Board as Junior Assistant/Cashier by waiving the requirement for

suitability test.

13. In the light of the above discussion, we notice that Rule

4(j) is only with reference to "appointment" in various posts under

the Board. It is only with respect to such fresh appointments/

recruitments under the Board the question of non-consultation with

the Kerala Public Service Commission gets attracted. However, in

the cases at hand, since the question involved is with reference to

"promotion", the reference made by the learned Single Judge to

W.A.NOS.997 OF 2016 & CON. CASES 2024:KER:66467

the proviso to Rule 4(j) of the Rule does not appear to be apposite.

14. Further, Rule 4 provides the situations where it is not

necessary for the Commission to be consulted. Rule 4(c) and Rule

4(j) of the Rule have to be considered together. They read as

under;

"Rule 4. It shall not be necessary for the Commission to be consulted:

xxx xxx xxx

(c) in regard to the suitability of candidates for promotion within the same service or for transfer from one subordinate service to another such service;

                    xxx            xxx        xxx
      (j)    in regard to the appointment of persons who are

proficient in sports and games to the following posts:-

1. Junior Engineer

2. 1st Grade Overseer

3. Lineman

4. Lower Division Clerk/Cashier

5. Lower Division Typist

6. Driver

7. Tracer

8. Peon Provided that the persons so appointed shall have the minimum qualifications including age prescribed for the

W.A.NOS.997 OF 2016 & CON. CASES 2024:KER:66467

posts, and that the total number of persons appointed under this sub-rule in any year shall not exceed fifteen;"

(underlining supplied)

15. Thus, it is quite clear that Rule 4 of the Rule visualizes

"promotion" and "appointment" separately. Rule 4(c) of the Rule

specifically covers situations where a candidate is being

considered for "promotion" within the same service. At the same

time Rule 4(j) of the Rule applies with respect to "appointment of

persons", who are proficient in sports and games to various posts.

Therefore, this also proves that under the Rules "appointment"

and "promotion" are not considered similar, quite rightly.

Therefore, we are clear in our mind that the learned Single Judge

ought not to have referred to the proviso to Rule 4(j) of the Rule

while disposing of the writ petitions, wherein the question for

consideration was with reference to "promotion" of persons who

are already in the service of the Board.

16. We also notice South Central Railway Employees

Cooperative Credit Society Employees' Union,

Secunderabad v. Registrar of Cooperative Societies and

Others [(1998) 2 SCC 580], wherein the Apex Court had

W.A.NOS.997 OF 2016 & CON. CASES 2024:KER:66467

occasion to consider an issue where certain reservations were

applicable only for initial appointments alone. Considering this

issue the Apex Court held as under;

"5. On a plain reading of the aforesaid notification it is crystal clear that the direction of the Governor was to follow the principle of reservation in appointments to all posts in all cooperative institutions to be filled by direct recruitment either on temporary or on regular basis It is undisputed before us that the promotional posts in the societies cannot be filled up by direct recruitment, and therefore, the only conclusion that can be arrived at is that the aforesaid direction of the Governor to apply the principles of reservation is only in respect of appointments in the initial cadre and not to any appointments in the promotional cadre. The Division Bench of the High Court while giving wide interpretation to the expression "appointment" in the notification have completely overlooked the latter part of the said notification to the effect "to be filled by direct recruitment on temporary or regular basis". The interpretation given by the High Court to the notification only by giving a wide interpretation to the word "appointment" makes the latter part of the notification wholly redundant or surplusage. It is a cardinal a principle of construction not to brush aside words used in a statute or in a notification issued under a statute and full effect

W.A.NOS.997 OF 2016 & CON. CASES 2024:KER:66467

must be given to the entire words of an instrument. Applying the said principle to the notification which is for consideration before us, we had no hesitation to come to the conclusion that under the said notification no direction has been given by the Governor to apply the policy of reservation in appointments to the promotional posts. The High Court, therefore, committed serious error of law in interpreting the aforesaid notification and by holding that the policy of reservation has been made applicable to the promotional posts also. We accordingly set aside the impugned judgment of the High Court as well as the judgment of the learned Single Judge and hold that though it was open to the Government to apply the principle of reservation but by the impugned notification it has not been made applicable to the promotional posts available in the society. This appeal accordingly is allowed and the writ petition filed by the private respondents stands dismissed. There will be no order as to costs."

Thus, the Apex Court noticed the difference between

"appointment" and "promotion" with specific reference to the

entirety of the notification. In the case at hand also, Rule 4, when

read in its entirety, makes it clear that "appointment" and

"promotion" are to be treated differently.

17. We also notice that valid reasons have been provided

W.A.NOS.997 OF 2016 & CON. CASES 2024:KER:66467

by the Board as well as the Government for having waived the

suitability test as regards those who are already in the service of

the Board under sports quota. The Government found that the

sports personnels are usually appointed under the Board at a

tender age of around 18 to 21 years in between their academic