Kerala High Court
Ramakrishnan.V.N vs Kerala State Housing Board on 13 June, 2025
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W.P.(C).No.30454 of 2013
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 13TH DAY OF JUNE 2025 / 23RD JYAISHTA, 1947
WP(C) NO. 30454 OF 2013
PETITIONERS:
1 RAMAKRISHNAN.V.N
FIRST GRADE DRAFTSMAN, ELECTRICAL
OFFICE OF THE EXECUTIVE ENGINEER,
DIVISION No.II, KERALA STATE HOUSING BOARD,
THIRUVANANTHAPURAM-695001.
2 C.REPHAEL
FIRST GRADE DRAFTSMAN, ELECTRICAL,
KERALA STATE HOUSING BOARD, HEAD OFFICE,
CLERKS SECTION,
THIRUVANANTHAPURAM-695001.
3 V.K.ANIL KUMAR
FIRST GRADE DRAFTSMAN, ELECTRICAL,
KERALA STATE HOUSING BOARD, HEAD OFFICE,
CLERKS SECTION,
THIRUVANANTHAPURAM-695001.
BY ADVs. SRI.KALEESWARAM RAJ
SMT.APARNA MENON
RESPONDENTS:
1 KERALA STATE HOUSING BOARD,
THIRUVANANTHAPURAM, REP BY THE SECRETARY,
KERALA STATE HOUSING BAORD,
THIRUVANANTHAPURAM-695001.
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W.P.(C).No.30454 of 2013
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2 THE SECRETARY
KERALA STATE HOUSING BOARD,
THIRUVANANTHAPURAM-695001.
BY ADVS.
SRI.GEORGE BOBAN, SC, K.S.H.B.
SRI.T.K.SAJEEV
SRI.K.DENNY DEVASSY, SC, K.S.H.B.
SRI.MANOJ RAMASWAMY, SC, KERALA STATE HOUSING BOARD
SRI.K.P.MADHU, SC, KSHB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C).No.30454 of 2013
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S.MANU, J.
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W.P.(C).No.30454 of 2013
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Dated this the 13th day of June, 2025
JUDGMENT
Petitioners approached this Court while they were working
as First Grade Draftsman (Electrical) in the Kerala State Housing
Board. All of them entered service as Second Grade Draftsman.
Thereafter they were promoted as First Grade Draftsman. All of
them were given additional charge of Assistant Engineer
(Electrical).
2. Petitioners contended that there was a real
requirement of Assistant Engineers in the Board and posts were
remaining unfilled. They pointed out that when similar situation
arose in the Civil Wing the Board took a decision to promote
eligible certificate holders from the Fielder category of First
Grade Draftsman as Assistant Engineers invoking Rule 31 of KS
& SSR. The petitioners' contention is that in their case also the
Board ought to have taken a similar decision.
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3. The Housing Board has filed counter affidavit. It is
stated in the counter affidavit that as per the Kerala State
Housing Board Establishment (Qualification and Method of
Appointment) Regulations, 2006 the post of Assistant Engineer
(Electrical) shall be filled up in the ratio of 3:2 to appointments
by direct recruitment and by transfer. Appointment by transfer
shall be apportioned in the ratio of 1:1 among Degree and
Diploma holders. This ratio will be applied to the total cadre
strength and not to the vacancies that arise from time to time.
Though there were vacancies for the post of Assistant Engineer
(Electrical), the Board was not in a position to fill up the
vacancies resorting to by transfer appointments as 1:1 ratio had
to be followed. There was only one Degree holder in the cadre
of First Grade Draftsman and the said employee was appointed
as Assistant Engineer by transfer. The Board is of the view that
the 1:1 ratio should have been apportioned among Diploma and
Certificate holders and not among Degree and Diploma holders.
Taking note of the anomalous situation which prevented the
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Board from making appointments to the post of Assistant
Engineers by transfer, the Board brought the issue to the notice
of the Government for appropriately modifying the Regulation.
However, no decision was taken by the Government and hence
the Board was not in a position to address the grievance of the
petitioners.
4. I have heard the learned counsel for the petitioners
and also the learned Standing Counsel appearing for the Board.
5. The learned counsel for the petitioners reiterated the
contentions raised in the writ petition and submitted that the
petitioners 2 and 3 were appointed as Assistant Engineers later.
However, according to the petitioners, their appointment as
Assistant Engineers should have been dated back with effect
from the date on which they took charge as Assistant Engineers,
as vacancies were available at that point of time.
6. The learned Standing Counsel submitted that the
Board is not in a position to consider the claim of the petitioners
for the reason that the establishment Regulation does not
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permit the same. He submitted that even under the Regulations
of 2022 the same situation continues.
7. It is evident from Ext.P8 that the Board took a
decision to promote eligible employees from the category of
First Grade Draftsman as Assistant Engineers under Rule 31 of
KS & SSR in 2013. This was despite the fact that the provisions
of the Regulation were standing in the way of the Board from
making by transfer appointments. Therefore, in my view, the
grievance of the petitioners, who were similarly placed in the
Electrical Wing, should also be considered by the Board.
Therefore, I dispose of this writ petition by permitting the
petitioners to submit a comprehensive representation to the first
respondent Board, raising their grievances and seeking
promotion, within a period of three weeks from the date of
issuance of a copy of this judgment. The Board shall consider
the request and take appropriate decision, keeping in mind the
decision taken in the case of filling up the post of Assistant
Engineers in the Civil Wing, as evident from the order dated
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26.6.2013 issued by the Secretary and produced as Ext.P8 in
this writ petition. The Board shall take a decision in the matter
within a period of three months from the date of issuance of a
copy of this judgment.
8. Since the proposal of the Board to modify the ratio
for appointment by transfer to the post of Assistant Engineer
(Electrical) was made while the Regulations of 2006 were in
force and the same was not addressed by the Government, the
Board may make another request to the Government for
rectifying the issue related to the ratio. If such a request is
made, the competent authority of the Government shall
consider the same expeditiously and take a decision in the
matter.
The writ petition is disposed of with the above directions.
Sd/-
S.MANU
JUDGE
skj
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APPENDIX OF WP(C) 30454/2013
PETITIONERS' EXHIBITS
Ext.P1:- TRUE COPY OF THE ORDER DTD 24/9/2009 WITH
RESPECT TO THE IST PETITIONER
Ext.P2:- TRUE COPY OF THE ORDER DTD 2/8/2004 WITH RESPECT
TO THE 2ND PETITIONER
Ext.P3:- TRUE COPY OF THE ORDER DTD 31/7/2004 WITH
RESPECT TO 3RD PETITIONER
Ext.P4:- TRUE COPY OF THE ORDER DTD 24/8/2004 WITH
RESPECT TO THE 3RD PETITIONER
Ext.P5:- TRUE COPY OF THE ORDER DTD 24/6/2010
Ext.P6:- TRUE COPY OF THE RELEVANT PAGES OF THE KERALA
STATE HOUSING BOARD ESTABLISHMENT (QUALIFICATION
AND METHODS OF APPOINTMENT)REGULATIONS 2006
Ext.P7:- TRUE COPY OF THE RELEVANT PART OF THE GRADATION
LIST
Ext.P8:- TRUE COPY OF THE ORDER DTD 26/6/2013
Ext.P9:- TRUE COPY OF THE REPRESENTATION DTD 16/11/2013
SUBMITTED BY THE IST PETITIONER
Ext.P10:- TRUE COPY OF THE REPRESENTATION DTD 16/11/2013
SUBMITTED BY TEH 2ND PETITIONER
Ext.P11:- TRUE COPY OF THE REPRESENTATION DTD 16/11/2013
SUBMITTED BY THE 3RD PETITIONER
