Nishe N.P vs Kerala State Electricity Board
2025 Latest Caselaw 1067 Ker

Kerala High Court

Nishe N.P vs Kerala State Electricity Board on 16 July, 2025

                                                           2025:KER:52808

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                   THE HONOURABLE MR. JUSTICE S.MANU

     WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947

                        WP(C) NO. 21525 OF 2012

PETITIONER/S:

    1     NISHE N.P.
          SENIOR SUPERINTENDENT,
          KERALA STATE ELECTRICITY BOARD,
          ELECTRICAL SECTION, TIRUR, MALAPPURAM DISTRICT.

    2     P.M. VARGHESE,
          SENIOR SUPERINTENDENT,
          KERALA STATE ELECTRICITY BOARD,
          ELECTRICAL DIVISION, ERNAKULAM.


          BY ADVS.
          SRI.B.RAGHUNATHAN
          SHRI.R.SRINATH




RESPONDENT/S:

    1     KERALA STATE ELECTRICITY BOARD,
          VAIDHUTHI BHAVAN, PATTOM PALACE.P.O,
          THIRUVANANTHAPURAM - 695 004,
          REPRESENTED BY ITS SECRETARY.

    2     CHIEF ENGINEER (HUMAN RESOURCES MANAGEMENT)
          KERALA STATE ELECTRICITY BOARD,
          VAIDHUTHI BHAVAN, PATTOM PALACE.P.O,
          THIRUVANANTHAPURAM - 695 004.

    3     V.V. MUTHUSWAMY,
          SENIOR SUPERINTENDENT
          KERALA STATE ELECTRICITY BOARD,
          ELECTRICAL SECTION, MUNDAKKAYAM,
          UNDER, ELECTRICAL DIVISION, PONKUNNAMN,
          IDUKKI DISTRICT - 686 506.
 WP(C) NO. 21525 OF 2012
                                                        2025:KER:52808
                                   2


*    4       E.A.RAJAN,
             AGED 45 YEARS, S/O. AYYAPPAN,
             SENIOR SUPERINTENDENT, KERALA STATE ELECTRICITY
             BOARD, ELECTRICAL SECTION, VADUTHALA, ERNAKULAM.
             (RESIDING AT XIII/137, NETAJI ROAD, ALUVA-683101)
             (IMPLEADED AS PER ORDER DATED 21.10.2014 IN I.A.
             NO.3920/2013)


             BY ADVS.
             SRI.K.S.ANIL, SC, KSEB
             SHRI.NOEL JACOB
             SRI.M.S.AMAL DHARSAN
             DR.THUSHARA JAMES



         THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
16.07.2025,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 21525 OF 2012
                                                        2025:KER:52808
                                  3


                            JUDGMENT

Adv. B.Reghunathan, the learned Counsel appearing for

the petitioner submitted that, the writ petition has become

infructuous.

Accordingly, the writ petition is dismissed as infructuous

Sd/-

S.MANU JUDGE ANK WP(C) NO. 21525 OF 2012 2025:KER:52808

APPENDIX OF WP(C) 21525/2012

PETITIONER'S EXHIBITS

EXHIBIT P1 COPY OF THE RELEVANT EXTRACT OF THE ORDER OF PROMOTION DATED 16.03.1995 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 COPY OF RELEVANT EXTRACT OF ORDER DATED 19.10.2006 PROMOTING PETITIONERS AS SENIOR SUPERINTENDENT ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 COPY OF THE ORDER NO.LA(S) IV/10032/2005 ISSUED BY THE CHAIRMAN OF THE BOARD. EXHIBIT P4 COPY OF THE JUDGMENT DATED 12.06.2006 OF THIS HON'BLE COURT IN WP(C) 27731/2005 AND CONNECTED CASE.

EXHIBIT P5 COPY OF THE SHOW CAUSE NOTICE NO.EB3(B)/S.A.(RE)2007 DATED 07.05.200 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P6 COPY OF THE REPLY DATED 04.06.2007 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P7 COPY OF THE JUDGMENT OF THE DIVISION BENCH OF THIS HON'BLE COURT DATED 29.07.2011 IN WA 1595/2007 AND CONNECTED CASES.

EXHIBIT P8 COPY OF NOTICE NO. EB.3(B)/SA (RE)/2007 DATED 05.05.2012 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P9 COPY OF THE REPRESENTATION CONTAINING THE REQUEST FOR PERSONAL HEARING DATED 19.05.2012 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P10 COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 12.01.2012 IN WP(C) 6250/2006.

EXHIBIT P11 COPY OF ORDER NO.EB3(B)/S.A.(RE)/06-07 DATED 21.08.2012 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P12 COPY OF THE ORDER NO.AP.NO.662/2007/SIC FILE NO.7134/SIC - GEN 2/2007 OF THE STATE INFORMATION COMMISSION DATED WP(C) NO. 21525 OF 2012 2025:KER:52808

31.03.2008.

EXHIBIT P13 COPY OF THE LETTER DATED 19.05.2012 ISSUED BY THE ADMINISTRATIVE OFFICER UNDER THE 2ND RESPONDENT.

EXHIBIT P14 COPY OF THE LETTER NO.EB.7(A)/R1A/1724 (61)/2012 DATED 22.06.2012 ISSUED BY THE ADMINISTRATIVE OFFICER UNDER THE 2ND RESPONDENT.

RESPONDENT'S EXHIBITS

EXHIBIT R4(A) A TRUE COPY OF THE PROMOTION ORDER DATED 16/03/1995.

EXHIBIT R4(B) A TRUE COPY OF THE RELEVANT EXTRACT OF GRADATION LIST OF SENIOR ASSISTANTS PUBLISHED BY THE 1ST RESPONDENT ON 01/01/2002.

EXHIBIT R4(C) A TRUE COPY OF THE BO NO.LA(S) IV/10032/2005, DATED 02/09/2005 ISSUED BY THE CHAIRMAN OF THE BOARD.

EXHIBIT R4(D) A TRUE COPY OF THE JUDGMENT DATED 09/06/2006 IN WRIT PETITION (CIVIL) NO.26785/2005.

EXHIBIT R4(E) A TRUE COPY OF THE COMMON JUDGMENT DATED 12/06/2006 IN WRIT PETITION (CIVIL) NO.32867/2005.

EXHIBIT R4(F) A TRUE COPY OF THE BO NO.LA(S).IV/18190/2005, DATED 02/09/2006. EXHIBIT R4(G) A TRUE COPY OF THE NOTICE NO.EB3(B)/S.A(RE)/2007, DATED 07/05/2007. EXHIBIT R4(H) A TRUE COPY OF THE COMMON JUDGMENT DATED 29/07/2011 IN WRIT APPEAL NO.1601/2007. EXHIBIT R4(I) A TRUE COPY OF THE JUDGMENT DATED 22/08/2012 IN CONTEMPT CASE (CIVIL) NO.1197/2012.

EXHIBIT R4(J) A COPY OF THE BO NO.EB.3(B)/SA(RE)/06-07 DATED 21/08/2012 ISSUED BY THE CHIEF ENGINEER (HRM) OF THE BOARD. EXHIBIT R4(K) A TRUE COPY OF THE NOTICE NO.E.B.GR.1/SL/MS/2010-11 DATED 17/05/2010.

EXHIBIT R4(L) A TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER ALONG WITH THE POSTAL WP(C) NO. 21525 OF 2012 2025:KER:52808

RECEIPT AND COPY OF ACKNOWLEDGEMENT CARD EVIDENCING SERVICE OF THE SAME. EXHIBIT R4(M) A TRUE COPY OF THE RELEVANT EXTRACT O THE BO NO.GR.1/SL/MS/2010-11/14 DATED 15/07/2014 ISSUED BY THE 3RD RESPONDENT ALONG WITH THE FINAL GRADATION LIST OF SENIOR SUPERINTENDENTS.

EXHIBIT R4(N) A TRUE COPY OF NOTIFICATION DATED 10/02/1995 ISSUED BY THE COMMISSION.