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Kerala High Court
Kerala State Electricity Board vs M.R. Prasad on 3 December, 2025
W.A.Nos.438 of 2015 &
Conn.cases 1
2025:KER:93244
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
WEDNESDAY, THE 3RD DAY OF DECEMBER 2025 / 12TH AGRAHAYANA, 1947
WA NO. 438 OF 2015
AGAINST THE JUDGMENT DATED 04.11.2014 IN WPC NO.28130 OF 2014 OF
HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD,
VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM-695004, REP. BY ITS
SECRETARY.
2 CHIEF ENGINEER HRM,
VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM-695004.
BY ADVS.
SRI.P.SANTHALINGAM (SR.)
SHRI.ANTONY MUKKATH
SMT.ANEETHA A.G., SC, KERALA STATE ELECTRICITY BOARD LIMITED
RESPONDENTS/PETITIONER:
1 A. RAVEENDRAN,
ASSISTANT ENGINEER, ELECTRICAL SECTION, KSEB, FORT,
THIRUVANANTHAPURAM-695036.
2 P. RAJENDRAN,
ASSISTANT ENGINEER, 66 KV SUB STATION, KSEB, TRANSMISSION
CIRCLE, AYUR, KOLLAM-691533.
W.A.Nos.438 of 2015 &
Conn.cases 2
2025:KER:93244
3 B. MOHANAN,
ASSISTANT ENGINEER, 66 KV SUB STATION, KSEB, PALODE,
THIRUVANANTHAPURAM-695562.
4 M. MOHANAKUMAR,
ASSISTANT ENGINEER, GENERATOR CIRCLE, KSEB, MOOZHIYAR,
PATHANAMTHITTA-689662.
5 K. MANI,
ASSISTANT ENGINEER, 66 KV SUB STATION, KSEB, PALODE,
THIRUVANANTHAPURM-695562.
BY ADV SHRI.S.VISHNU
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04.08.2025, ALONG
WITH WA.64/2017 AND CONNECTED CASES, THE COURT ON 03.12.2025 DELIVERED THE
FOLLOWING:
W.A.Nos.438 of 2015 &
Conn.cases 3
2025:KER:93244
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
WEDNESDAY, THE 3RD DAY OF DECEMBER 2025 / 12TH AGRAHAYANA, 1947
WA NO. 439 OF 2015
AGAINST THE JUDGMENT DATED 15.10.2014 IN WPC NO.26714 OF 2014 OF
HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD,
VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM-695001, REP. BY ITS
SECRETARY.
2 CHIEF ENGINEER HRM,
KSEB, VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM-695001.
BY ADVS.
SRI.P.SANTHALINGAM (SR.)
SHRI.ANTONY MUKKATH
SMT.ANEETHA A.G., SC, KERALA STATE ELECTRICITY BOARD LIMITED
RESPONDENTS/PETITIONERS:
1 E. RAJAN,
ASSISTANT ENGINEER, KSEB LTD., 66, KV SUB STATION,
VATTIYOORKAVU, THIRUVANANTHAPURAM-695013.
2 S. SHAJI,
ASSISTANT ENGINEER, LINE MAINTENANCE SECTION, KSEB LIMITED,
EDAMON, PUNALUR, KOLLAM-691329.
W.A.Nos.438 of 2015 &
Conn.cases 4
2025:KER:93244
BY ADVS.
SHRI.ELVIN PETER P.J. (SR.)
SRI.K.R.GANESH
SRI.T.G.SUNIL (PRANAVAM)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04.08.2025, ALONG
WITH WA.64/2017 AND CONNECTED CASES, THE COURT ON 03.12.2025 DELIVERED THE
FOLLOWING:
W.A.Nos.438 of 2015 &
Conn.cases 5
2025:KER:93244
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
WEDNESDAY, THE 3RD DAY OF DECEMBER 2025 / 12TH AGRAHAYANA, 1947
WA NO. 149 OF 2017
AGAINST THE JUDGMENT DATED 11.11.2014 IN WPC NO.25554 OF 2014 OF
HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD,
VAIDHYUTHI BHAVAN, THIRUVANANTHAPRUAM-695004 REP. BY ITS
SECRETARY
2 CHIEF ENGINEER (HRM),
VAIDHUTHI BHAVAN, THIRUVANANTHAPURAM-695004
BY ADVS.
SMT.ANEETHA A.G., SC, KERALA STATE ELECTRICITY BOARD LIMITED
SHRI.ANTONY MUKKATH
RESPONDENTS/PETITIONERS:
1 M.R. PRASAD,
SUB ENGINEER, ELECTRICAL SECTION, KSE BOARD, CHIRAYINKEEZHU,
THIRUVANANTHAPRUAM-695304
2 J. MICHAYEL,
ASSISTANT ENGINNER (RETD), KAKKAD POWER HOUSE, KSE BOARD,
SEETHATHODU P.O., PATHANAMTHITTA-689667
3 V.K. JOHNSON,
W.A.Nos.438 of 2015 &
Conn.cases 6
2025:KER:93244
ASSISTANT ENGINEER, 110 KV SUB STATION, KSE BOARD,
PATHANPAURAM, PATHANAMTHITTA-689695
4 S. SURENDERAN,
ASSITANT ENGINEER, 110 KV SUB STATION KSE BOARD,
PATHANPAURAM, PATHANAMTHITTA-689695
5 K. SURENDERAN,
ASSITANT ENGINERE (RETD), GENERATOR DIVISION, KSE BOARD,
MAZHIYAR, PATHANAMTHITTA-689662
6 K. BIPIN LAL,
ASSISTANT ENGINEER, 66 KV SUB STATION, KSE BOARD, ADOOR,
KOLLAM-691523
7 SUBU SEBASTIAN,
ASSISTANT ENGINEER, ELECTRICAL SECTION, KSE BOARD, NATTAKOM,
KOTTAYAM-686012
8 K.T. ANOOB KUMAR,
ASSISTANT ENGINEER, ELECTRICAL SECTION, KSE BOARD,
KOTTARAKKARA EAST, KOLLAM-691506
9 GEEVARGHESE ALEXANDER,
ASSISTANT ENGINEER, 110 KV SUB STATION, KSE BOARD,
PATHANAMTHITTA-689645
10 M. GANESH,
ASSISTANT ENGINEER, ELECTRICLA SECTION, KSE BOARD, THENMALA,
KOLLAM-691308
11 S. MADHU,
ASSISTANT ENGINEER, 110 KV SUB STATION, KSE BOARD,
KAZHAKOOTTAM, THIRUVANANTHAPRUAM-695582
12 M. MOHAMMED SHAFI,
SUB ENGINEER, ELECTRICAL SECTION, KSE BOARD, MANGALAPURAM,
THIRUVANANTHAPURAM-695317
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04.08.2025, ALONG
WITH WA.64/2017 AND CONNECTED CASES, THE COURT ON 03.12.2025 DELIVERED THE
FOLLOWING:
W.A.Nos.438 of 2015 &
Conn.cases 7
2025:KER:93244
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
WEDNESDAY, THE 3RD DAY OF DECEMBER 2025 / 12TH AGRAHAYANA, 1947
WA NO. 1278 OF 2017
AGAINST THE JUDGMENT DATED 27.10.2016 IN WPC NO.23472 OF 2016 OF
HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 1 & 2:
1 KERALA STATE ELECTRICITY BOARD LIMITED,
VAIDYUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM-695004,
REPRESENTED BY ITS SECRETARY.
2 THE CHIEF ENGINEER (HRM),
KERALA STATE ELECTRICITY BOARD LTD., VAIDYUTHI BHAVAN,
PATTAM, THIRUVANANTHAPURAM-695004.
BY ADVS.
SMT.ANEETHA A.G., SC, KERALA STATE ELECTRICITY BOARD LIMITED
SHRI.ANTONY MUKKATH
RESPONDENTS/PETITIONER:
OMANA CHANDRAN,
W/O. LATE M.K. CHANDRAN, ARUN NIVAS, ALA P.O., CHENGANNUR-
689126.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04.08.2025, ALONG
WITH WA.64/2017 AND CONNECTED CASES, THE COURT ON 03.12.2025 DELIVERED THE
FOLLOWING:
W.A.Nos.438 of 2015 &
Conn.cases 8
2025:KER:93244
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
WEDNESDAY, THE 3RD DAY OF DECEMBER 2025 / 12TH AGRAHAYANA, 1947
WA NO. 64 OF 2017
AGAINST THE JUDGMENT DATED 02.07.2013 IN WPC NO.3672 OF 2012 OF HIGH
COURT OF KERALA
APPELLANTS/Respondents:
1 KERALA STATE ELECTRICITY BOARD,
VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004 REP. BY
ITS SECRETARY
2 CHIEF ENGINEER (HRM)
KSEB, VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004
BY ADVS.
SMT.ANEETHA A.G., SC, KERALA STATE ELECTRICITY BOARD LIMITED
SHRI.ANTONY MUKKATH
RESPONDENT/Petitioner:
MURALEEDHARAN V.B.,SUB ENGINEER, ELECTRICAL SECTION,
PATTIMATTOM, ERNAKULAM-683562
BY ADVS.
SHRI.ELVIN PETER P.J. (SR.)
SRI.K.R.GANESH
SRI.T.G.SUNIL (PRANAVAM)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04.08.2025, ALONG
WITH WA.438/2015, 439/2015 AND CONNECTED CASES, THE COURT ON 03.12.2025
DELIVERED THE FOLLOWING:
W.A.Nos.438 of 2015 &
Conn.cases 9
2025:KER:93244
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
WEDNESDAY, THE 3RD DAY OF DECEMBER 2025 / 12TH AGRAHAYANA, 1947
WP(C) NO. 27224 OF 2015
PETITIONERS:
1 P.P.JIS,AGED 50 YEARS,ASSISTANT ENGINEER, ELECTRICAL
SECTION, KORATTY, THRISSUR DISTRICT.
2 VENU T.K.,ASSISTANT ENGINEER, ELECTRICAL SECTION, PUDUKKAD,
ALAGAPPA NAGAR P.O., THRISSUR DISTRICT.
3 C.M.JOSE,ASSISTANT ENGINEER, ELECTRICAL SECTION, BALANTHODE,
KASARAGOD DISTRICT.
4 JOHN A.K.,ASSISTANT ENGINEER, ELECTRICAL SECTION, PARIYARAM
(IJK), THRISSUR DISTRICT.
5 JOJO JACOB,ASSISTANT ENGINEER, ELECTRICAL SECTION,
RAJAPURAM, KASARAGOD.
6 PEETHAMBARAN T.R.
SUB-ENGINEER, ELECTRICAL SECTION, CHALAKUDY, THRISSUR
DISTRICT.
7 SUBHASH T.S.
SUB-ENGINEER, ELECTRICAL SECTION, MALA, THRISSUR DISTRICT.
BY ADV SRI.P.M.POULOSE
W.A.Nos.438 of 2015 &
Conn.cases 10
2025:KER:93244
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM - 695 004.
2 THE CHIEF ENGINEER HRM
THE KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM - 695 004.
BY ADVS.
SMT.ANEETHA A.G., SC, KERALA STATE ELECTRICITY BOARD LIMITED
SHRI.B.PREMOD, SC, KERALA STATE ELECTRICITY BOARD
SHRI ANTONY MUKKATH SC (R1 & R2)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.08.2025, ALONG WITH WA.64/2017 AND CONNECTED CASES, THE COURT ON
03.12.2025 DELIVERED THE FOLLOWING:
W.A.Nos.438 of 2015 &
Conn.cases 11
2025:KER:93244
Judgment
[W.A.Nos.438 & 439 of 2015, 149, 1278 & 64 of 2017
And WPC (c) No.27224 of 2015]
Sushrut Arvind Dharmadhikari, J.
Regard being had to the similitude of the matters, these Writ
Appeals and WPC No.27224 of 2015 have been heard analogously
and are decided by a common judgment.
2. The issue that arises for consideration in these appeals and
Writ Petition is whether the respondents are liable to pay all the
monetary benefits due to the petitioners with effect from
23.07.2000?
3. The facts adumbrated herein have been briefly borrowed from
W.A.No.438 of 2015.
The appellants herein are the respondents in the Writ
Petitions whereas the respondents herein are the petitioners in the
Writ Petitions. Most of the respondents had filed the Writ Petitions
W.A.Nos.438 of 2015 &
2025:KER:93244
complaining that the monetary benefits payable on promotion as
Overseer (Electrical) were not paid to them as was in the case of
similar employees in O.P. No.21479 of 2000, WPC No.3672 of 2012
and WPC No.5493 of 2012.
4. This Court vide Ext.P1 judgment directed to fill up all the
vacancies of Overseer (Electrical) with all consequential benefits
from the date of eligibility in compliance with Ext.P1 judgment.
Ext.P2 order dated 7.2.2003 was issued to 375 persons which was
challenged in WP© No.15995 of 2003 and O.P.8816 of 2003 raising
the ground that instead of giving promotion to the employees with
higher scale of pay, promotion was effected on the basis of length
of service. Vide Ext.P3 judgment, Ext.P2 order dated 7.2.2003 was
set aside and a direction was issued to grant promotion in the light
of Rule 28(b)(i) Note (vi) and (viii) of KS&SSR.
5. However, the monetary benefits with effect from 23.07.2000
were paid to ineligible persons provided by Ext.P2 order and was
W.A.Nos.438 of 2015 &
2025:KER:93244
denied to persons provided by Ext.P6 order dated 07.06.2011 passed
in WPC No.3672 of 2012 and some other Writ Petitions. This Court,
vide Ext.P7 judgment held that the persons provided by Ext.P6
order are also entitled for monetary benefits with effect from
23.07.2000. The respondents herein filed the representation
claiming the benefit of Ext.P7 judgment. The respondents have
complained that the petitioners in Ext.P9 judgment were given the
benefit of Ext.P7 judgment by issuing Exts.P10 and P11 orders. The
respondents herein filed W.P.(C) No.28130 of 2014 claiming the
benefits of Exts.P7 and P9 judgment. The learned Single Judge, vide
the impugned judgment, had directed the appellants to pay all
monetary benefits with effect from 23.07.2000. Being aggrieved by
the judgment of the learned Single Judge dated 04.11.2014 passed
in WPC No.28130 of 2014, the present Writ Appeal has been filed.
W.A.Nos.438 of 2015 &
2025:KER:93244
CONTENTION OF APPELLANTS
6. The learned counsel for the appellants contended that the
learned Single Judge has erred in passing the order which is
contrary to law and facts and circumstances of the case. In fact the
respondents herein have not worked on the post of Overseer
(Electrical) prior to and subsequent to the issuance of the
promotion order dated 7.6.2011. The claim put forward by the
respondents cannot be justified in the light of Rule 23(a) Part I KSR
which provides that an officer shall begin to draw the pay and
allowances attached to his post with effect from the date he
assumes the duties on that post and shall cease to draw them as
soon as he ceases to discharge those duties. The duties and
responsibilities of Overseers and Meter Readers are different and
hence an employee will not become eligible for salary and benefits
without holding the post. The learned Single Judge ought to have
followed the dictum laid down by the Apex Court in Paluru
W.A.Nos.438 of 2015 &
2025:KER:93244
Ramakrishnaiah and others v Union of India1 ought to have held
that in the case of retrospective promotion in which work was not
done in the promotion post, backwages cannot be claimed for the
aforesaid period. In view of the aforesaid, the order passed by the
learned Single Judge deserves to be set aside.
CONTENTION OF RESPONDENTS
7. Per contra, the learned counsel for the respondents opposed
the prayer and submitted that the respondents seek the promotion
order dated 7.6.2011 whereby, the respondents have been granted
promotion with effect from 9.9.1999. Therefore, they would be
eligible for arrears with effect from 23.07.2000.
1989(2) SCC 541
W.A.Nos.438 of 2015 &
2025:KER:93244
DISCUSSION AND ANALYSIS
8. Heard Sri Antony Mukkath, the learned Standing Counsel
for KSEB, Sri P.M.Poulose, the learned counsel for the petitioner
and Sri Elvin Peter, the learned Senior Counsel for the respondent.
9. We have perused Ext.P3 judgment passed in various Writ
Petitions dated 19th January 2005 which was disposed of with a
direction to the appellants to take steps for preparation of the inter
se seniority between the direct recruit Meter Readers and
Promotee Meter Readers within six months.
10. According to Ext.P3 judgment, this Court laid down the
law that the respondents herein are eligible for arrears with effect
from 19.01.2005 as the judgment is in rem and not in personam. The
benefit of Ext.P7 judgment has already been extended to the
respondents in Ext.P9 judgment giving them the arrears with effect
from 19.01.2005. The learned single judge has directed to grant the
W.A.Nos.438 of 2015 &
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benefit of arrears with effect from 23.07.2000 which could not have
been ordered. Accordingly, taking into consideration the fact that
Ext.P7 judgment has been implemented in respect of the
petitioners in Ext.P9, we are of the considered opinion that similar
treatment is to be meted out to the respondents herein. Therefore,
it is directed that the respondents herein would also be eligible for
the arrears with effect from 19.1.2025 only and not from 23.7.2000
folllowing Ext.P7 judgment dated 2.7.2013.
CONCLUSION
11. Accordingly, the order passed by the learned Single Judge
is modified. The appellants are directed to pay the benefits to the
respondents with effect from 19.01.2005 within a period of three
months from the date of receipt of a copy of this judgment.
W.A.Nos.438 of 2015 &
2025:KER:93244
With the aforesaid modification in the order passed by the
learned Single Judge, the Writ Appeals and the Writ Petition are
partly allowed. No order as to costs.
Sd/- SUSHRUT ARVIND DHARMADHIKARI
JUDGE
Sd/- SYAM KUMAR V.M.
JUDGE
css/
W.A.Nos.438 of 2015 &
2025:KER:93244
APPENDIX OF WP(C) NO. 27224 OF 2015
PETITIONER EXHIBITS
EXHIBIT P1. TRUE COPY OF THE RELEVANT EXTRACT OF 1995 LONG TERM
SETTLEMENT.
EXHIBIT P2 TRUE COPY OF THE ORDER NO.EB.4-120(C)99 DATED
07.02.03 OF 1ST RESPONDENT.
EXHIBIT P3. TRUE COPY OF THE JUDGMENT DATED 19.01.2005 IN
O.P.NO.6010/2003.
EXHIBIT P4. TRUE COPY OF THE JUDGMENT DATED 28.05.2009 IN
W.A.NO.447/2005.
EXHIBIT P5. TRUE COPY OF THE ORDER DATED 07.06.2011 OF 2ND
RESPONDENT.
EXHIBIT P6. TRUE COPY OF THE ORDER NO.ENDT. ON
EB.4(B)/CCC.1229/09 DATED TVPM; 12.11.2013 OF 2ND
RESPONDENT.
EXHIBIT P7. TRUE COPY OF THE ORDER NO.ENDT. ON
EB.4(B)/CCC.1229/09 DATED TVPM; 21.04.2013 OF 2ND
RESPONDENT.
EXHIBIT P8. TRUE COPY OF THE JUDGMENT DATED 02.07.2013 IN
W.P.(C)NO.3672/12.
EXHIBIT P9. TRUE COPY OF THE JUDGMENT DATED 13.11.2014 IN
W.P.(C)NO.29885/14.
EXHIBIT P10. TRUE COPY OF THE REPRESENTATION SUBMITTED BY 1ST
PETITIONER DATED 09.01.2015.
EXHIBIT P11 TRUE COPY OF THE REPRESENTATION SUBMITTED BY 2ND
PETITIONER DATED 02.03.2015.
EXHIBIT P12. TRUE COPY OF THE REPRESENTATION SUBMITTED BY 3RD
PETITIONER DATED 17.01.2014
EXHIBIT P13. TRUE COPY OF THE REPRESENTATION SUBMITTED BY 4TH
PETITIONER DATED 19.01.2015.
EXHIBIT P14. TRUE COPY OF THE REPRESENTATION SUBMITTED BY 5TH
PETITIONER DATED 17.01.2014.
EXHIBIT P15. TRUE COPY OF THE REPRESENTATION SUBMITTED BY 6TH
PETITIONER NIL DATE.
EXHIBIT P16. TRUE COPY OF THE REPRESENTATION SUBMITTED BY 7TH
PETITIONER DATED 09.01.2015.
