Kerala High Court
Naveen Kumar K.P vs Kerala State Electricity Board Limited on 26 March, 2025
1
W.P.(C) Nos.16222 of 2023, 440 of 2023 & 16741 of 2023
2025:KER:25710
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947
WP(C) NO. 16222 OF 2023
PETITIONERS:
1 NAVEEN KUMAR K.P.
AGED 34 YEARS, S/O.PAVANAN P.,
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., ELECTRICAL SECTION,
ARTHUNKAL, ALAPPUZHA, PIN - 688530
2 ARUN K. CHANDRAN
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., ELECTRICAL SECTION
OFFICE, PATTAZHI, KOLLAM, PIN - 691522
3 MAHESH MADAN M.D.
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., OFFICE OF ASSISTANT
ENGINEER, COMMUNICATION SECTION, POTHENCODE,
THIRUVANANTHAPURAM, PIN - 695584
4 SANDEEP P.
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., ELECTRICAL SECTION,
VELLUR, KANDOTH P.O., KANNUR, PIN - 670307
5 BIJU BAISIL B.J.
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., ELECTRICAL SECTION,
POOVACHAL, KATTAKADA P.O., THIRUVANANTHAPURAM,
PIN - 695572
6 RANJITH P.V.
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., ELECTRICAL SECTION,
THIRUVALI, WANDOOR, MALAPPURAM, PIN - 676123
2
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7 SHIJI K.
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., ELECTRICAL SECTION,
VATTIYOORKAVU, THIRUVANANTHAPURAM, PIN - 695013
8 SHABIN N.
JUNIOR ASSISTANT/CASHIER, KERALA STATE
ELECTRICITY BOARD LTD., ELECTRICAL SECTION WEST,
KOTTARAKARA, KOLLAM, PIN - 691506
9 SHIBU J.
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., ELECTRICAL SECTION,
MYNAGAPPALLY, KOLLAM, PIN - 690518
10 ABHILASH T.
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., OFFICE OF THE ASSISTANT
ENGINEER, ELECTRICAL SECTION, KONDOTTY,
MALAPPURAM, PIN - 673638
11 SAJIN E.
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., MECHANICAL MAINTENANCE
SUB DIVISION, K.H.E.P., KAKKAYAM,
KOZHIKODE, PIN - 673615
12 SMITHA S.K.
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., IT COMPUTERIZATION UNIT,
VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM,
PIN - 695004
13 VEENA V.U.
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., ELECTRICAL SECTION,
PALODE, PACHA P.O., THIRUVANANTHAPURAM,
PIN - 695562
14 PRAMILDAS P.K.
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., ELECTRICAL SECTION,
PERUMANNA, KOZHIKODE, PIN - 673019
15 ARAVIND N.K.
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., OFFICE OF THE
3
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EXECUTIVE ENGINEER, POWER HOUSE,
THIRUVANANTHAPURAM, PIN - 695004
BY ADVS.
P.MOHANDAS (ERNAKULAM)
SABU PULLAN
GOKUL D. SUDHAKARAN
R.BHASKARA KRISHNAN
K.P.SATHEESAN (SR.)
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LIMITED
REPRESENTED BY ITS CHAIRMAN AND MANAGING
DIRECTOR, VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
2 THE CHIEF ENGINEER (H.R.M.)
KERALA STATE ELECTRICITY BOARD LTD.,
VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
3 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, P.S.C. OFFICE,
PATTOM, THIRUVANANTHAPURAM, PIN - 695004
4 ADDL.R4
NIKHIL SREENIVAS
AGED 34, S/O. SREENIVASA BABU T.N.,
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD, OFFICE OF THE PROJECT
MANAGER, THOTTIYAR HYDRO ELECTRIC PROJECT,
KARIMANAL, IDUKKI - 685605
5 ADDL.R5
AJU S. NAIR
AGED 36 YEARS, S/O. P.K. SASIDHARAN NAIR,
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD, OFFICE OF THE EXECUTIVE
ENGINEER, ELECTRICAL DIVISION, PEERMADE-685531
6 ADDL.R6
GOPIKA HARIDAS.
AGED 30 YEARS, D/O. HARIDAS V.K.,
4
W.P.(C) Nos.16222 of 2023, 440 of 2023 & 16741 of 2023
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SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD, OFFICE OF THE ASSISTANT
EXECUTIVE ENGINEER, 22 KV SUB STATION,
BRAMAPURAM, ERNAKULAM-682303
(ADDITIONAL RESPONDENTS 4, 5 & 6 ARE IMPLEADED AS
PER ORDER DATED 01.07.2024 IN IA 1 OF 2024 IN
W.P.(C) NO.16222 OF 2023)
7 ADDL. R7.
VINEETH BABU S V,
SUB-ENGINEER, 110 KV SUB STATION, THYCATTUSSERY,
ALAPPUZHA, PIN-688526, RESIDING AT: SKANDALAYAM,
MAYITHARA MARKET P.O, CHERTHALA, ALAPPUZHA
8 ADDL. R8
SARATHCHANDRAN T,
S/O VIJAYAN T, SUB-ENGINEER, ELECTRICAL SECTION,
CHERUTHURUTHY, THRISSUR, PIN-69 531, RESIDING AT:
THOTTAPPILLY HOUSE, MULLOORKARA P.O, THRISSUR,
9 ADDL R9.
RIJIN RAJU,
S/O E K RAJU, SUB-ENGINEER, ELECTRICAL SECTION,
CHOTTANIKKARA, ERNAKULAM, PIN-682 312, RESIDING
AT: EZHUMAYIL HOUSE, PANCODE P.O, VADAVUCODE,
PUTHECRUZ, ERNAKULAM.
10 ADDL. R10.
VISHNU PRASAD S S,
S/O SIVADASAN K, SUB ENGINEER, TRANSMISSION
DIVISION, VADAKARA, KOZHIKODE, PIN-673 101,
RESIDING AT: VYSHNAJ HOUSE, KOTHAMANGALAM,
KOYILANDY, KASARAGOD.
(ADDITIONAL RESPONDENTS 7, 8, 9 & 10 ARE
IMPLEADED AS PER ORDER DATED 21/02/2025 IN
I.A 1/2025 IN WP(C) 16222/2023.
BY ADVS.
ANIL K S
5
W.P.(C) Nos.16222 of 2023, 440 of 2023 & 16741 of 2023
2025:KER:25710
ARUN THOMAS
T.N.SREEKALA
P.C.SASIDHARAN, SC, KPSC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.03.2025, ALONG WITH WP(C).440/2023, 16741/2023, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
6
W.P.(C) Nos.16222 of 2023, 440 of 2023 & 16741 of 2023
2025:KER:25710
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947
WP(C) NO. 440 OF 2023
PETITIONERS:
1 NAVEEN KUMAR K.P.
AGED 34 YEARS, S/O.PAVANAN P.,
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., ELECTRICAL SECTION,
ARTHUNKAL, ALAPPUZHA, PIN - 688530
2 ARUN K. CHANDRAN
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., ELECTRICAL SECTION
OFFICE, PATTAZHI, KOLLAM, PIN - 691522
3 MAHESH MADAN M.D.
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., OFFICE OF ASSISTANT
ENGINEER, COMMUNICATION SECTION, POTHENCODE,
THIRUVANANTHAPURAM, PIN - 695584
4 SANDEEP P.
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., ELECTRICAL SECTION,
VELLUR, KANDOTH P.O., KANNUR, PIN - 670307
5 BIJU BAISIL B.J.
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., ELECTRICAL SECTION,
POOVACHAL, KATTAKADA P.O., THIRUVANANTHAPURAM,
PIN - 695572
6 RANJITH P.V.
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., ELECTRICAL SECTION,
THIRUVALI, WANDOOR, MALAPPURAM, PIN - 676123
7
W.P.(C) Nos.16222 of 2023, 440 of 2023 & 16741 of 2023
2025:KER:25710
7 SHIJI K.
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., ELECTRICAL SECTION,
VATTIYOORKAVU, THIRUVANANTHAPURAM, PIN - 695013
8 SHABIN N.
JUNIOR ASSISTANT/CASHIER, KERALA STATE
ELECTRICITY BOARD LTD., ELECTRICAL SECTION WEST,
KOTTARAKARA, KOLLAM, PIN - 691506
9 SHIBU J.
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., ELECTRICAL SECTION,
MYNAGAPPALLY, KOLLAM, PIN - 690518
10 ABHILASH T.
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., OFFICE OF THE ASSISTANT
ENGINEER, ELECTRICAL SECTION, KONDOTTY,
MALAPPURAM, PIN - 673638
11 SAJIN E.
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., MECHANICAL MAINTENANCE
SUB DIVISION, K.H.E.P., KAKKAYAM,
KOZHIKODE, PIN - 673615
12 SMITHA S.K.
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., IT COMPUTERIZATION UNIT,
VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM,
PIN - 695004
13 VEENA V.U.
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., ELECTRICAL SECTION,
PALODE, PACHA P.O., THIRUVANANTHAPURAM,
PIN - 695562
14 PRAMILDAS P.K.
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., ELECTRICAL SECTION,
PERUMANNA, KOZHIKODE, PIN - 673019
BY ADVS.
P.MOHANDAS (ERNAKULAM)
8
W.P.(C) Nos.16222 of 2023, 440 of 2023 & 16741 of 2023
2025:KER:25710
K.SUDHINKUMAR
SABU PULLAN
GOKUL D. SUDHAKARAN
R.BHASKARA KRISHNAN
K.P.SATHEESAN (SR.)
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LIMITED
REPRESENTED BY ITS CHAIRMAN AND MANAGING
DIRECTOR, VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
2 THE CHIEF ENGINEER (H.R.M.)
KERALA STATE ELECTRICITY BOARD LTD.,
VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
3 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, P.S.C. OFFICE,
PATTOM, THIRUVANANTHAPURAM, PIN - 695004
4 ADDL.R4
JOMON POULOSE
SUB ENGINEER, ELECTRICAL SECTION,
VARANDARAPPILLY, THRISSUR DISTRICT,
PIN-680303.
5 ADDL.R5
NAVEEN N.S.
SUB ENGINEER, ELECTRICAL SECTION,
UCHAKKADA, THIRUVANANTHAPURAM ,PIN-695506
6 ADDL.R6
SMIJU D
SUB ENGINEER, ELECTRICAL SECTION,
EDATHALA, EDATHALA P.O., ERNAKULAM,
PIN-683561.
(ADDITIONAL RESPONDENTS 4 TO 6 ARE IMPLEADED AS
PER ORDER DATED 13.04.2023 IN I.A.1/2023.)
BY ADVS.
ANIL K S
9
W.P.(C) Nos.16222 of 2023, 440 of 2023 & 16741 of 2023
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S.P.ARAVINDAKSHAN PILLAY
N.SANTHA
V.VARGHESE
PETER JOSE CHRISTO
S.A.ANAND
K.N.REMYA
L.ANNAPOORNA
VISHNU V.K.
ABHIRAMI K. UDAY
P.C.SASIDHARAN, SC, KPSC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.03.2025, ALONG WITH WP(C).16222/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
10
W.P.(C) Nos.16222 of 2023, 440 of 2023 & 16741 of 2023
2025:KER:25710
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947
WP(C) NO. 16741 OF 2023
PETITIONERS:
1 LINO WILSON.P.,
AGED 35 YEARS, S/O. P.P. WILSON,
SUB ENGINEER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD LIMITED,
PERUMBILAVU, KUNNAMKULAM DIVISION,
THRISSUR - 680 519, RESIDING AT
PULIKKOTTIL HOUSE, PERUMTHURUTHY.P.O.,
THRISSUR DISTRICT, PIN - 680542
2 ANTO.A.C.
AGED 34 YEARS, S/O. CHACKO.A.D.,
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LIMITED, KSEB ELECTRICAL
SECTION, PAVARATTY, THRISSUR WEST ELECTRICAL
DIVISION, THRISSUR CIRCLE-680 001,
RESIDING AT ANTHIKKAT HOUSE, ANNAKARA.P.O.,
THRISSUR DISTRICT, PIN - 680508
3 SOWMYA MOL.S.S.
W/O. ANAND.T.O., SUB ENGINEER, KERALA STATE
ELECTRICITY BOARD LIMITED, ELECTRICAL SECTION,
MARANALLOOR, THIRUVANANTHAPURAM-695 512,
RESIDING AT 'ROYAL GRACE', RUSSELPURAM.P.O.,
THIRUVANANTHAPURAM, PIN - 695501
BY ADVS.
ELVIN PETER P.J.
K.R.GANESH
GOURI BALAGOPAL
11
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2025:KER:25710
ABHIJITH.K.ANIRUDHAN
SREELEKSHMI A.S.
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LIMITED,
REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN,
PATTOM, THIRUVANANTHAPURAM, PIN - 695004
2 THE CHAIRMAN AND MANAGING DIRECTOR
KERALA STATE ELECTRICITY BOARD LIMITED,
VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM,
PIN - 695004
3 THE SECRETARY
KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN,
PATTOM, THIRUVANANTHAPURAM, PIN - 695004
4 THE CHIEF ENGINEER (HRM),
KERALA STATE ELECTRICITY BOARD LTD.,
VAIDYUTHI BHAVANAM, PATTOM P.O.,
THIRUVANANTHAPURAM, PIN - 695004
5 THE DEPUTY CHIEF ENGINEER,
KERALA STATE ELECTRICITY BOARD LTD.,
VAIDYUTHI BHAVANAM, PATTOM P.O.,
THIRUVANANTHAPURAM, PIN - 695004
6 UNIVERSITY OF KERALA
REPRESENTED BY ITS REGISTRAR,
THIRUVANANTHAPURAM, PIN - 695034
7 THE KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM PALACE.P.O.,
THIRUVANANTHAPURAM, PIN - 695014
8 ADDL R8.
NIKHIL SREENIVAS
AGED 34, S/O. SREENIVASA BABU T.N.,
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD, OFFICE OF THE PROJECT MANAGER,
THOTTIYAR HYDRO ELECTRIC PROJECT, KARIMANAL,
IDUKKI - 685605.
9 ADDL.R9.
AJU S. NAIR
AGED 36 YEARS, S/O. P.K. SASIDHARAN NAIR,
12
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SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD, OFFICE OF THE EXECUTIVE
ENGINEER, ELECTRICAL DIVISION, PEERMADE-685531
10 ADDL.R10.
GOPIKA HARIDAS
AGED 30 YEARS, D/O. HARIDAS V.K.,
SUB ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD, OFFICE OF THE ASSISTANT
EXECUTIVE ENGINEER, 22 KV SUB STATION,
BRAMAPURAM, ERNAKULAM.
(ADDITIONAL RESPONDENTS 8, 9 & 10 ARE IMPLEADED
AS PER ORDER DATED 01.07.2024 IN IA NO.1/2024 OF
WP(C).)
11 ADDL.R11
VINEETH BABU S V
AGED 36 YEARS, S/O P.G VIJAYAN,
SUB-ENGINEER (ELECTRICAL), 110 KV SUB STATION,
THYCATTUSSERY, ALAPPUZHA, PIN-688526, RESIDING
AT: SKANDALAYAM, MAYITHARA MARKET P.O,
CHERTHALA, ALAPPUZHA, PIN - 688539
12 ADDL.R12
SARATHCHANDRAN T
AGED 35 YEARS, S/O VIJAYAN T,
SUB-ENGINEER (ELECTRICAL), ELECTRICAL SECTION,
CHERUTHURUTHY, THRISSUR, PIN-69 531,
RESIDING AT: THOTTAPPILLY HOUSE,
MULLOORKARA P.O, THRISSUR, PIN-680583
13 ADDL.R13
RIJIN RAJU
AGED 37 YEARS, S/O E K RAJU,
SUB-ENGINEER (ELECTRICAL), ELECTRICAL SECTION,
CHOTTANIKKARA, ERNAKULAM, PIN-682 312, RESIDING
AT: EZHUMAYIL HOUSE, PANCODE P.O, VADAVUCODE,
PUTHECRUZ, ERNAKULAM, PIN - 682 310.
14 ADDL.R14
VISHNU PRASAD S S
AGED 34 YEARS, S/O SIVADASAN K,
SUB ENGINEER (ELECTRICAL), TRANSMISSION
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DIVISION, VADAKARA, KOZHIKODE, PIN-673 101,
RESIDING AT: VYSHNAJ HOUSE, KOTHAMANGALAM,
KOYILANDY, KASARAGOD, PIN-673 305.
(ADDITIONAL RESPONDENTS 11 TO 14 ARE IMPLEADED AS
PER ORDER DATED 24.03.2025 IN I.A.NO.5 OF 2025 IN
WP(C))
BY ADVS.
ANIL K S
THOMAS ABRAHAM
ARUN THOMAS
SREEKALA
LEAH RACHEL NINAN
T.N.SREEKALA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.03.2025, ALONG WITH WP(C).16222/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
14
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JUDGMENT
These writ petitions are filed at the instance of various
employees of the Kerala State Electricity Board Limited (KSEB),
belonging to the category of and below the rank of Assistant
Engineer, seeking appointment to the post of Assistant Engineer
on the basis of the 10% reservation for in-service candidates.
The petitioners contend that they were having the required
qualifications - degree in Electronics and Communication - in
tune with the provisions of Ext.P2 Regulations framed under the
provisions of Section 177 of the Electricity Act, 2003 ('the Act'
for short), on the basis of which Ext.P3 notification was issued
by the Kerala Public Service Commission (KPSC). However,
though they participated in the selection process, by Ext.P6, the
selection process came to be cancelled, placing reliance on
Ext.P4 order dated 30.04.2022 (in W.P.(C) No.440 of 2023). It
is in such circumstances that the captioned writ petitions are
filed at the instance of the petitioners herein.
2. I have heard Dr.K.P.Satheesan, the learned Senior
Counsel for the petitioners in W.P.(C) Nos.16222 of 2023 and
W.P.(C) Nos.16222 of 2023, 440 of 2023 & 16741 of 2023
2025:KER:25710
440 of 2023, Sri.K.R.Ganesh, the learned counsel for the
petitioners in W.P.(C) No.16741 of 2023, Sri.K.S.Anil, the
learned Standing Counsel for the KSEB, Sri.P.C.Sasidharan, the
learned Standing counsel for the KPSC, Sri.Peter Jose Christo,
the learned counsel for additional respondents 4 to 6 in W.P.(C)
No.440 of 2023, Sri.Arun Thomas, the learned counsel for
respondents 4 to 6 in W.P.(C) No.16222 of 2023 and
respondents 8 to 10 in W.P.(C) No.16741 of 2023,
Smt.T.N.Sreekala, the learned counsel for respondents 7 to 10
in W.P.(C) No.16222 of 2023 and respondents 11 to 14 in
W.P.(C) No.16741 of 2023.
3. The short issue arising for consideration in these writ
petitions is as to the right of the KPSC/KSEB to mark a
departure from Ext.P2 Regulations framed under the provisions
of Section 177 of the Act as is seen attempted to be carried out
through Ext.P4 Board order.
4. Dr.Satheesan, the learned Senior Counsel, would
contend that Ext.P2 Regulations are binding on the Board as
well as the KPSC and hence there cannot be any departure from
W.P.(C) Nos.16222 of 2023, 440 of 2023 & 16741 of 2023
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Ext.P2 at the instance of the Board or the KPSC. He would also
contend that, even if Ext.P4 can have any application, that can
be only a prospective application.
5. On the face of the afore contention, the learned
counsel, Sri.Arun Thomas, would rely on the judgment in
W.P.(C) No.12848 of 2021 dated 30.01.2023, rendered by a
learned Single Judge of this Court. That was a case with
reference to the appointment to the post of Sub Engineer
(Electrical) in KSEB. It was the contention raised before the
learned Single Judge that, as in the case at hand, in departure
to the Regulations framed under the provisions of the Act, the
qualifications prescribed thereunder were diluted. This Court,
even after finding that the Regulations were binding on the
Board, came to the following findings;
"8. It is the specific case of the learned counsel
appearing for the respondents that it was after due
deliberations and considering all relevant aspects of the
matter and after due consultation with the Government and
the PSC that the present qualifications were fixed. The
Board contends that the nature of the duties of the post in
question was specifically considered and it was decided
that a Diploma in Electrical Engineering or Electrical and
W.P.(C) Nos.16222 of 2023, 440 of 2023 & 16741 of 2023
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Electronics Engineering was the apt qualification for
appointment as Sub Engineer (Electrical). I am of the
opinion that the question with regard to the sufficiency of
one qualification or the propriety in omitting another are
matters which fall completely within the competence of the
appointing authority and this Court exercising jurisdiction
under Article 226 of the Constitution cannot delve into the
reasons which prompted the prescription of the
qualifications. I find that the Board has the power to fix the
qualification of its employees provided that the
qualifications are not below the general qualifications as
provided in Exhibit P5 Regulation."
6. I am of the opinion that the principles laid down in
the afore judgment apply to the facts and circumstances of the
case at hand also.
7. True, the learned Senior Counsel, Dr.Satheesan,
would rely on the judgment of the Apex Court in C.L.Verma v.
State of M.P. and Another [AIR 1990 SC 463] to contend
that an administrative instruction - Ext.P4 in the case at hand,
issued by the Board - cannot override the provisions of the
Regulations, which is one framed with reference to the statutory
power under the Act, and add that, insofar as the judgment of
the learned Single Judge relied on by the respondents as above,
W.P.(C) Nos.16222 of 2023, 440 of 2023 & 16741 of 2023
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has not taken note of the afore, the matter requires a
reconsideration.
8. However, I am of the opinion that, as of now, the
position is one settled by the judgment of the learned Single
Judge referred to above.
9. In such circumstances, I am of the opinion that the
petitioners are not entitled to succeed.
Resultantly, these writ petitions would stand dismissed.
Sd/-
HARISANKAR V. MENON
JUDGE
anm
W.P.(C) Nos.16222 of 2023, 440 of 2023 & 16741 of 2023
2025:KER:25710
APPENDIX OF WP(C) 16222/2023
PETITIONERS' EXHIBITS
Exhibit-P1 TRUE COPY OF THE NOTIFICATION PUBLISHED
BY THE 3RD RESPONDENT AS CATEGORY NO.
06/2021 DATED 15-03-2021
Exhibit-P2 TRUE COPY OF THE RELEVANT PAGES OF THE
CENTRAL ELECTRICITY AUTHORITY (MEASURES
RELATING TO SAFETY AND ELECTRIC SUPPLY)
REGULATIONS 2010 PUBLISHED AS PER
NOTIFICATION DATED 20-09-2010
Exhibit-P3 TRUE COPY OF THE NOTIFICATION ISSUED BY
THE 3RD RESPONDENT AS CATEGORY NO.
517/2013 DATED 31-12-2013
Exhibit-P4 TRUE COPY OF THE ELIGIBILITY CERTIFICATE
ISSUED BY THE UNIVERSITY OF KERALA DATED
7-12-2021
Exhibit-P5 TRUE COPY OF THE ORDER B.O. (FTD)NO.
379/2022 (ESTT. II/1141/2021) DATED 30-
04-2022 ISSUED BY THE 1ST RESPONDENT
Exhibit-P6 TRUE COPY OF THE ORDER G.O. (MS)NO.
4/2022/POWER DATED 21-04-2022 ISSUED BY
THE GOVERNMENT OF KERALA
Exhibit-P7 TRUE COPY OF THE ORDER B.O.
(FTD)NO.219/2019 (ESTT.II/6781/2017)
DATED 7-3-2019
Exhibit-P8 TRUE COPY OF THE NOTIFICATION IN RESPECT
OF CATEGORY NO. 034/2023 DATED 29-04-2023
ISSUED BY THE 3RD RESPONDENT
RESPONDENTS' ANNEXURES
Annexure A A TRUE COPY OF THE RANKED LIST NO.
1154/2024/SSVII IN CATEGORY NO. 034/2023
RESPONDENTS' EXHIBITS
Exhibit R6(A) A TRUE COPY OF THE SHORTLIST PUBLISHED BY
THE KPSC DATED 30-4-2024 ISSUED
W.P.(C) Nos.16222 of 2023, 440 of 2023 & 16741 of 2023
2025:KER:25710
Exhibit R6(B) A TRUE COPY OF THE FINAL LIST PUBLISHED
BY THE KPSC WITH EFFECT FROM 21-11-2024
IS PRODUCED
Exhibit R6(C) A TRUE COPY OF THE APPLICATION SUBMITTED
BY THE FATHER OF THE 4TH RESPONDENT.
Exhibit R6(D) A TRUE COPY OF THE REPLY GIVEN BY THE
STATE PUBLIC INFORMATION OFFICER, KPSC,
DATED 20-6-2024
Exhibit R6(E) A TRUE COPY OF THE APPLICATION SUBMITTED
BY THE ADDITIONAL 4TH RESPONDENT BEFORE
THE PUBLIC INFORMATION OFFICER, KSEBL
DATED 1-7-2024
Exhibit R6(F) A TRUE COPY OF THE REPLY DATED 5-8-2024
ISSUED BY THE RESPONDENT KSEBL
Exhibit R6(G) A TRUE COPY OF THE RELEVANT PAGES OF THE
DRAFT OF THE KSEBL SPECIAL RULES, 2023
Exhibit R6(H) A TRUE COPY OF THE RELEVANT PAGES OF THE
CENTRAL ELECTRICITY REGULATION
NOTIFICATION DATED 8-6-2023
Exhibit R6(I) A TRUE COPY OF THE RTI REPLY DATED 22-1-
Exhibit R6(J) A TRUE COPY OF THE JUDGEMENT OF THE
DIVISION BENCH OF THIS HON'BLE COURT IN
WA 223 OF 2020 AND CONNECTED CASES
Exhibit R6(K) A TRUE COPY OF THE JUDGMENT OF THE HON'BLE
SUPREME COURT IN CIVIL APPEAL
Exhibit R6(L) A TRUE COPY OF THE RELEVANT PAGES OF
CENTRAL ELECTRICITY REGULATION 2010
Exhibit R6(M) A TRUE COPY OF THE NOTIFICATION FOR THE
APPOINTMENT TO THE POST OF ASSISTANT
ENGINEER (ELECTRICAL) DIRECT RECRUITMENT
DATED 15-11-2022
Exhibit R7(a) TRUE COPY OF THE JUDGEMENT DATED
14.07.2020 OF THIS HON'BLE COURT IN WA
NO. 232 OF 2020 AND CONNECTED CASES
DOWNLOADED FROM THE OFFICIAL WEBSITE OF
HIGH COURT OF KERALA
W.P.(C) Nos.16222 of 2023, 440 of 2023 & 16741 of 2023
2025:KER:25710
Exhibit R7 (b) TRUE COPY OF THE JUDGEMENT DATED
18.02.2022 RENDERED BY THE HON'BLE
SUPREME COURT IN CIVIL APPEAL NOS. 1498-
1500 OF 2022, DOWNLOADED FROM THE
OFFICIAL WEBSITE OF THE SUPREME COURT OF
INDIA
Exhibit R7 (c) TRUE COPY OF THE ORDER DATED 17.05.2022
ISSUED BY THE 2ND RESPONDENT ALONG WITH
THE ANNEXURE
W.P.(C) Nos.16222 of 2023, 440 of 2023 & 16741 of 2023
2025:KER:25710
APPENDIX OF WP(C) 440/2023
PETITIONERS' EXHIBITS
Exhibit-P1 TRUE COPY OF THE NOTIFICATION PUBLISHED
BY THE 3RD RESPONDENT AS CATEGORY NO.
06/2021 DATED 15-03-2021
Exhibit-P2 TRUE COPY OF THE RELEVANT PAGES OF THE
CENTRAL ELECTRICITY AUTHORITY (MEASURES
RELATING TO SAFETY AND ELECTRIC SUPPLY)
REGULATIONS 2010 PUBLISHED AS PER
NOTIFICATION DATED 20-09-2010
Exhibit-P3 TRUE COPY OF THE NOTIFICATION ISSUED BY
THE 3RD RESPONDENT AS CATEGORY NO.
517/2013 DATED 31-12-2013
Exhibit-P4 TRUE COPY OF THE ORDER B.O. (FTD)NO.
379/2022 (ESTT. II/1141/2021) DATED 30-
04-2022 ISSUED BY THE 1ST RESPONDENT
Exhibit-P5 TRUE COPY OF THE LIST PUBLISHED BY THE
2ND RESPONDENT IN THE WEBSITE REGARDING
THE GENERATING STATIONS OWNED BY THE 2ND
RESPONDENT AS ON 30-09-2015
Exhibit-P6 TRUE COPY OF THE NEWS PUBLISHED IN THE
WEBSITE OF THE 3RD RESPONDENT
Exhibit-P7 TRUE COPY OF THE RELEVANT PAGES OF THE
DRAFT SPECIAL RULES PUBLISHED BY THE 2ND
RESPONDENT (COMPANY SERVICE RULES, 2022)
IN THEIR WEBSITE (DATE NOT SHOWN)
Exhibit- P8 TRUE COPY OF THE RELEVANT PAGE OF THE
EXAMINATION PROGRAMME PUBLISHED BY
P.S.C. FOR THE MONTH OF NOVEMBER 2023
Exhibit -P9 TRUE COPY OF THE RELEVANT PAGE OF THE
PROCEEDINGS ISSUED BY THE 2ND RESPONDENT
DATED 21-09-2023
Exhibit -P10 TRUE COPY OF THE RELEVANT PAGES OF THE
PROCEEDINGS ISSUED BY THE 2ND RESPONDENT
DATED 15-09-2023
W.P.(C) Nos.16222 of 2023, 440 of 2023 & 16741 of 2023
2025:KER:25710
Exhibit -P11 TRUE COPY OF THE RELEVANT PAGES OF THE
SENIORITY LIST OF ASSISTANT ENGINEERS
(ELECTRICAL) UNDER 40% & 10% QUOTA UPTO
25-03-2014
W.P.(C) Nos.16222 of 2023, 440 of 2023 & 16741 of 2023
2025:KER:25710
APPENDIX OF WP(C) 16741/2023
PETITIONERS' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER NO. EB2/SE(ELE.)
PSC/DR/305/2016 DATED 08.04.2016
APPOINTING THE 1ST PETITIONER AS SUB
ENGINEER (ELECTRICAL) UNDER THE KSE BOARD
LIMITED.
EXHIBIT P2 TRUE COPY OF THE ORDER NO.
EB2/SE(ELE./30%/61/2018 DATED 28.03.2018
APPOINTING THE 2ND PETITIONER AS SUB
ENGINEER (ELECTRICAL) UNDER THE KSE BOARD
LIMITED.
EXHIBIT P3 TRUE COPY OF THE NOTIFICATION ISSUED BY
THE PSC DATED 31.12.2011 IN CATEGORY NO.
486/2011.
EXHIBIT P4 TRUE COPY OF THE B.TECH. DEGREE
CERTIFICATE OF THE 1ST PETITIONER AWARDED
BY THE UNIVERSITY OF CALICUT DATED
26.03.2014 IN ELECTRONICS & COMMUNICATION
ENGINEERING.
EXHIBIT P5 TRUE COPY OF THE B.TECH. DEGREE
CERTIFICATE OF THE 2ND PETITIONER AWARDED
BY THE UNIVERSITY OF CALICUT DATED
22.08.2009 IN ELECTRONICS & COMMUNICATION
ENGINEERING.
EXHIBIT P6 TRUE COPY OF THE ORDER NO. RE
III(1)1459/14 DATED 14.01.2019 ISSUED BY
THE PSC APPOINTING THE 3RD PETITIONER AS
SUB ENGINEER (ELECTRICAL).
EXHIBIT P7 TRUE COPY OF THE B.TECH. DEGREE
CERTIFICATE OF THE 3RD PETITIONER AWARDED
BY THE COCHIN UNIVERSITY OF SCIENCE AND
TECHNOLOGY DATED 22.02.2013 IN
ELECTRONICS & COMMUNICATION ENGINEERING.
W.P.(C) Nos.16222 of 2023, 440 of 2023 & 16741 of 2023
2025:KER:25710
EXHIBIT P8 TRUE COPY OF THE ADDENDUM NOTIFICATION
CR(1)283/03/CW DATED 10.03.2004 ISSUED BY
THE PSC.
EXHIBIT P9 TRUE COPY OF THE BOARD ORDER B.O. M.IV-
11552/67/DATED/TRIVANDRUM 13.07.1967
ISSUED BY THE ELECTRICITY BOARD.
EXHIBIT P10 TRUE COPY OF THE BOARD ORDER B.O. NO.
EC.IV-17428/70 DATED 09.12.1970.
EXHIBIT P11 TRUE COPY OF THE GOVERNMENT ORDER G.O.MS.
70/83/W&P DATED 23.11.1983.
EXHIBIT P12 TRUE COPY OF THE GOVERNMENT ORDER G.O.MS.
13/90/FD DATED 21.03.1990.
EXHIBIT P13 TRUE COPY OF THE BOARD ORDER B.O.NO.
IST/84/88(18) DATED 10.04.1990.
EXHIBIT P14 TRUE COPY OF THE G.O.(MS) NO. 2/05.PD
DATED 01.02.2005.
EXHIBIT P15 TRUE COPY OF THE GOVERNMENT ORDER
G.O.(RT.) NO. 1102/97/H.EDN. DATED
11.09.1997.
EXHIBIT P16 TRUE COPY OF THE ORDER B.O. NO. 93/2001
PSI.3942/2000 DATED 10.01.2001.
EXHIBIT P17 TRUE COPY OF THE ELIGIBILITY CERTIFICATE
DATED 07.12.2021 ISSUED BY THE UNIVERSITY
OF KERALA.
EXHIBIT P18 TRUE COPY OF THE LIST PUBLISHED BY THE
2ND RESPONDENT IN THE WEBSITE REGARDING
GENERATION STATION OWNED BY KSEB LIMITED
AS ON 30.09.2015.
EXHIBIT P19 TRUE COPY OF THE NOTIFICATION IN THE
GAZETTE DATED 15.03.2021 IN CATEGORY NO.
06/2021.
EXHIBIT P20 TRUE COPY OF THE ORDER B.O. (FTD)
NO.379/2022 (ESTT.II/1141/2021) DATED
30.04.2022.
EXHIBIT P21 TRUE COPY OF THE NOTIFICATION ISSUED IN
THE GAZETTE DATED 29.04.2023 BY THE PSC
IN CATEGORY NO. 634/2023.
W.P.(C) Nos.16222 of 2023, 440 of 2023 & 16741 of 2023
2025:KER:25710
EXHIBIT P22 TRUE COPY OF THE BOARD ORDER B.O.NO.AB
III 27079/79 DATED 06.03.1980.
RESPONDENTS' ANNEXURES
Annexure A A TRUE COPY OF THE RANKED LIST NO.
1154/2024/SSVII IN CATEGORY NO. 034/2023
RESPONDENTS' EXHIBITS
Exhibit R 1 (a) TRUE COPY OF B.O.DATED 06/05/2021
Exhibit R10 (a) TRUE COPY OF THE SHORT LIST FOR SELECTION
TO THE POST OF ASSISTANT ENGINEER
(ELECTRICAL) PUBLISHED BY THE KPSC DATED
30-4-2024
Exhibit R10(b) TRUE COPY OF THE FINAL LIST FOR SELECTION
TO THE POST OF ASSISTANT ENGINEER
(ELECTRICAL) PUBLISHED BY THE KPSC W.E.F
21-11-2024
Exhibit R10(c) TRUE COPY OF THE APPLICATION SUBMITTED BY
FATHER OF THE 9TH RESPONDENT.
Exhibit R10(d) TRUE COPY OF THE REPLY TO EXT.R10(C)
GIVEN BY THE STATE PUBLIC INFORMATION
OFFICER, KPSC DATED 20-6-2024
Exhibit R10(e) TRUE COPY OF THE APPLICATION SUBMITTED BY
THE 9TH RESPONDENT BEFORE THE KSEBL DATED
1-7-2024.
Exhibit R10(f) TRUE COPY OF THE REPLY DATED 5-8-2024
GIVEN BY THE RESPONDENT KSEBL TO THE 9TH
RESPONDENT.
Exhibit R10(g) TRUE COPY OF THE RELEVANT PAGES OF THE
DRAFT OF THE KSEBL SPECIAL RULES, 2023.
Exhibit R10(h) TRUE COPY OF THE RELEVANT PAGES OF THE
CENTRAL ELECTRICITY REGULATION
NOTIFICATION DATED 8-6-2023.
Exhibit R10(i) TRUE COPY OF THE RTI REPLY DATED 22-1-
2025 ISSUED BY THE CENTRAL ELECTRICITY
AUTHORITY.
W.P.(C) Nos.16222 of 2023, 440 of 2023 & 16741 of 2023
2025:KER:25710
Exhibit R10(j) TRUE COPY OF THE RELEVANT PAGES OF
CENTRAL ELECTRICITY REGULATION 2010.
Exhibit R10(k) TRUE COPY OF THE NOTIFICATION FOR THE
APPOINTMENT TO THE POST OF ASSISTANT
ENGINEER (ELECTRICAL) DIRECT RECRUITMENT
DATED 15-11-2022.
Exhibit R11(a) TRUE COPY OF THE JUDGEMENT DATED
14.07.2020 OF THIS HON'BLE COURT IN WA
NO. 232 OF 2020 AND CONNECTED CASES
DOWNLOADED FROM THE OFFICIAL WEBSITE OF
HIGH COURT OF KERALA
Exhibit R11(B) TRUE COPY OF THE JUDGEMENT DATED
18.02.2022 RENDERED BY THE HON'BLE
SUPREME COURT IN CIVIL APPEAL NOS. 1498-
1500 OF 2022, DOWNLOADED FROM THE
OFFICIAL WEBSITE OF THE SUPREME COURT OF
INDIA
