Pradeep K.A vs Jayasree B.K
2025 Latest Caselaw 9372 Ker

Kerala High Court

Pradeep K.A vs Jayasree B.K on 6 October, 2025

WA NO. 797 OF 2024




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                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            PRESENT
                THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                &
                          THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

                     MONDAY, THE 6TH DAY OF OCTOBER 2025 / 14TH ASWINA, 1947
                                        WA NO. 797 OF 2024
           AGAINST THE JUDGMENT DATED 02.04.2024 IN WP(C) NO.5388 OF 2023 OF HIGH COURT OF
                                             KERALA

APPELLANT/S:

       1       PRADEEP K.A.,
               AGED 50 YEARS
               S/O. AYYAPPAN K.M., ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION,
               ALUVA TOWN, ERNAKULAM DISTRICT-683101, RESIDING AT KAKKATTUPURAYIL
               HOUSE, EDATHALA P.O., ALUVA, ERNAKULAM DISTRICT, PIN - 683561

       2       RESMI S.,
               AGED 47 YEARS
               D/O. PURUSHOTHAMAN NAIR, ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE
               CHIEF ENGINEER, TRANSMISSION SYSTEM, OPERATION, L.D CENTRE, KALAMASSERY,
               ERNAKULAM DISTRICT-683503, RESIDING AT ARACKAL HOUSE, MARIYAPPALLY P.O.,
               KOTTAYAM, PIN - 686013

       3       NAVAS N.,
               AGED 49 YEARS
               S/O. H. NOORUDHEEN KUTTY, ASSISTANT ENGINEER, T.C. SECTION (LINES), KOLLAM-
               691001. RESIDING AT DARUSSALAM, KARICODE, NEAR OLD BUS STAND, KOLLAM, PIN -
               691005

       4       AMEER A.,
               AGED 42 YEARS
               S/O. AHAMMED KABEER, ASSISTANT ENGINEER (E), ELECTRICAL CIRCLE, KOLLAM-
               691001, RESIDING AT 'ALIF', KANDACHIRA, PERINAD P.O., KOLLAM, PIN - 691601

       5       AJITHA V.,
               AGED 43 YEARS
               D/O. VELAYUDHAN K.P., ASSISTANT ENGINEER, COMMUNICATION SECTION,
               SHORNUR-679122, RESIDING AT SOWPARNIKA, KANNIYAMPURAM P.O., OTTAPPALAM,
               PALAKKAD, PIN - 679104
 WA NO. 797 OF 2024




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       6        NOUSHAD S.,
                AGED 40 YEARS
                S/O. SALAVUDEEN K., ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION,
                PANAMARAM, WAYANAD- 670721, RESIDING AT NOUSHAD MANZIL, MUKKADA,
                KUNDARA P.O., KOLLAM, PIN - 691501

       7        RAJI J.S.,
                AGED 41 YEARS
                D/O. G. SIVADASAN, ASSISTANT EXECUTIVE ENGINEER, TRANSGRID TC SUB DIVISION,
                ALUVA, ERNAKULAM DISTRICT-683101, RESIDING AT 4B2, STARPARK APARTMENTS,
                SUBASH CHANDRA BOSE ROAD, PONNURUNNI, VYTTILA, ERNAKULAM DISTRICT, PIN -
                682019


                BY ADVS.
                SMT.M.U.VIJAYALAKSHMI
                SRI.K.JAJU BABU (SR.)
                SRI.BRIJESH MOHAN




RESPONDENT/S:

       1        JAYASREE B.K.,
                AGED 54 YEARS
                W/O. D. RAMESH KUMAR, ASSISTANT ENGINEER (ELE), ELECTRICAL DIVISION,
                KOTTARAKKARA, KOLLAM DISTRICT-691506, RESIDING AT 'KRISHNAKRIPA', JANANI
                NAGAR-33, KADAPPAKADA P.O., KOLLAM, PIN - 691008

       2        PRASAD N.S.,
                AGED 51 YEARS
                S/O. SIVARAMAN N.S., ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD
                LIMITED, ELECTRICAL SECTION, KEERAMPARA, KOTHAMANGALAM, ERNAKULAM, 110
                KV SUB STATION, KANAKAPPALAM, KOTTAYAM DISTRICT-686509, RESIDING AT
                NIVARATHIL HOUSE, KARIKKATTOOR CENTRE P.O., KOTTAYAM, PIN - 686544

       3        THE KERALA STATE ELECTRICITY BOARD LIMITED,
                REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVANAM, PATTOM P.O.,
                THIRUVANANTHAPURAM, PIN - 695004

       4        THE SECRETARY,
                KERALA STATE ELECTRICITY BOARD LIMITED, VAIDYUTHI BHAVANAM, PATTOM P.O.,
                THIRUVANANTHAPURAM, PIN - 695004
 WA NO. 797 OF 2024




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       5       THE CHIEF ENGINEER (HRM),
               KERALA STATE ELECTRICITY BOARD LIMITED, VAIDYUTHI BHAVANAM, PATTOM P.O.,
               THIRUVANANTHAPURAM, PIN - 695004

               BY SMT DR THUSHARA JAMES (SR), R3 TO R5
               SRI P.J. ELVIN PETER (SR), R1, R2


       THIS WRIT APPEAL HAVING FINALLY HEARD ON 06.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WA NO. 797 OF 2024




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                                        JUDGMENT

Sushrut Arvind Dharmadhikari, J.

The present writ appeal under Section 5 of the Kerala High Court

Act 1958 assails the judgment dated 02.04.2024 passed in W.P.(C)

No.5388/2023 whereby the writ petition filed by respondent Nos.1 and 2

herein has been disposed of by the learned Single Judge with the

following directions:

"(i) Ext.P24 will stand quashed, as it is illegal and not in order and against the directions issued by the order in R.P.No.297 of 2020 as well as the judgment of this court in W.P.(C) No.13754 of 2021.

(ii) The respondent board to pass orders appointing the petitioners and other eligible officers to the post of Assistant Engineer (Electrical) in the 10% quota reserved for inservice candidates in the retirement vacancies, promoted vacancies and also LWA vacancies pointed out in Ext.Nos.P11, P12, P13, P20, P21 and P22, which are vacancies other than 66 vacancies which was admitted by the 1st respondent Board while the judgment in W.A. No.2251 of 2019 was passed.

(iii) Necessary orders shall be passed by the 3rd respondent as indicated above, within a period of 2 months from the date of receipt of copy of this judgment."

WA NO. 797 OF 2024

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2. The learned counsel for the appellants submitted that they

are third parties/strangers to the writ petition and have approached this

Court in the writ appeal because the judgment of the learned Single

Judge would directly affect their rights concerning seniority and

promotion. The writ petition was filed without impleading any of the

affected persons, such as the appellants.

3. It is not in dispute that the case of the appellants has not been

adjudicated by the learned Single Judge. In such circumstances, it would

be appropriate for this Court to relegate the appellants herein to seek

review of the judgment dated 02.04.2024 passed in W.P.(C) No.5388/2023.

4. The learned counsel for the Kerala State Electricity Board

submitted that they have already filed a review petition, R.P. No.

984/2024, being aggrieved by the order passed in W.P.(C) No. 5388/2023,

which is still pending.

5. In such circumstances, we are not inclined to entertain this

writ appeal at this stage. The appellants are granted liberty to file a WA NO. 797 OF 2024

2025:KER:73443

review petition before the learned Single Judge, explaining how they

would be affected by the judgment. The appellants may file the review

petition within thirty days from today. If such a review petition is filed,

limitation shall not be a bar to its consideration.

With the aforementioned liberty, this writ appeal is disposed of.

Sd/-

SUSHRUT ARVIND DHARMADHIKARI JUDGE

Sd/-

SYAM KUMAR V.M. JUDGE jjj WA NO. 797 OF 2024

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PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER NO. EB.IV 17426/70 DATED 09.12.1970 Exhibit P2 TRUE COPY OF THE AMENDED GOVT. ORDER G.O.(MS) NO. 13/90FD DATED 21.03.1990 Exhibit P3 TRUE COPY OF THE BOARD ORDER B.O. NO. IST/84/88 (18) DATED 10.04.1990 Exhibit P4 TRUE COPY OF THE CIRCULAR NO. EB1(A)/AE(E)/TEM/2004/475 DATED 17.5.2004 Exhibit P5 TRUE COPY OF THE ORDER NO. EB1(A)/AE/158/2004 DATED 15.6.2004 Exhibit P6 TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS) NO. 2/05.PD DATED 01.02.2005.

Exhibit P7 TRUE COPY OF THE ORDER NO. EB/GR.3/CADRE STRENGTH/03 DATED 27.11.2004 ISSUED BY THE 3RD RESPONDENT ALONG WITH THE APPENDED SENIORITY LIST Exhibit P8 TRUE COPY OF THE LETTER NO.EB1/AE(ELE.)/INCUMBENCY/05 DATED 08.02.2005.

Exhibit P9 TRUE COPY OF THE BOARD ORDER NO. 389/99 (LASI/AE/3584/92) DATED 12.02.1999 REVERTING THE PETITIONERS. Exhibit P10 TRUE COPY OF THE BARD ORDER NO. EB1(A)/AE(ELE.)/158/2018 DATED 12.07.2018 REVERTING THE PETITIONERS Exhibit P11 TRUE COPY OF THE NOTE PREPARED BY THE DEPUTY CHIEF ENGINEER DATED 05.08.2002 TO BE PLACED BEFORE THE SECRETARY, KERALA STATE ELECTRICITY BOARD.

Exhibit P12 TRUE COPY OF THE NAMES OF 25 ASSISTANT ENGINEERS WHO RETIED DURING THE PERIOD FROM 31.12.2001 TO 31.01.2005. Exhibit P13 TRUE COPY OF THE NAMES OF 5 ASSISTANT ENGINEERS WHO WERE PROMOTED AS ASSISTANT EXECUTIVE ENGINEER DURING THE PERIOD FROM 31.12.2001 TO 31.01.2005.

Exhibit P14 TRUE COPY OF THE ORDER DATED 25.09.2020 IN R.P. NO. 297/2020 AND CONNECTED CASE IN R.P. NO. 354/2020 IN W. A. NO. 2221/2019 OF THIS HON'BLE COURT Exhibit P15 TRUE COPY OF THE REPRESENTATION DATED 08.10.2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT. Exhibit P16 TRUE COPY OF THE REPRESENTATION DATED 08.10.2020 SUBMITTED BY SMT. SHANY VARGHESE BEFORE THE 3RD RESPONDENT IN WP(C) Exhibit P17 TRUE COPY OF THE JUDGMENT DATED 17.02.2021 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO. 4052/2021. Exhibit P18 TRUE COPY OF THE ORDER NO. EB1(A)/AE(E)/WP(C) 4052/2021 DATED 19.04.2021 OF THE 3RD RESPONDENT WA NO. 797 OF 2024

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Exhibit P19 TRUE COPY OF THE JUDGMENT DATED 21.06.2005 IN W.P.(C) NO.

22628/2003 PASSED BY THIS HON'BLE COURT. Exhibit P20 TRUE COPY OF THE DETAILS OF OFFICERS RETIRED DURING THE PERIOD FROM 31.12.2001 TO 31.01.2005.

Exhibit P21 TRUE COPY OF THE LIST OF PERSONS WHO WERE PROMOTED AS ASSISTANT EXECUTIVE ENGINEERS IN THE 10% QUOTA OF ASSISTANT ENGINEERS DURING THE PERIOD FROM 22.12.2001 TO 31.01.2005. Exhibit P22 TRUE COPY OF THE LIST OF OFFICERS WHO AVAILED LWA AS ON 31.01.2005 WAS ALSO SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT.

Exhibit P23 TRUE COPY OF THE JUDGMENT DATED 07.04.2022 IN W.P.(C) NO.

13754/2021.

Exhibit P24 TRUE COPY OF THE ORDER NO. EB1A/(E) W.P.(C) 13754/2021 DATED 30.04.2022 ISSUED BY THE 3RD RESPONDENT. Exhibit P25 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 19.10.2022 SUBMITTED BY THE ADDITIONAL 2ND RESPONDENT IN CONT.CASE (CIVIL) NO. 894/2022.

Exhibit P26 TRUE COPY OF THE JUDGMENT DATED 16.01.2023 IN CONT. CASE (CIVIL) NO. 894/2022 OF THIS HON'BLE COURT. Exhibit R2(a) A TRUE COPY OF THE JUDGMENT DATED 28.02.2020 IN W.A.NO.2221/2019 OF THIS HONBLE COURT Exhibit R2(b) A TRUE COPY OF THE PROCEEDINGS NO.EBI[A]/AE[ELE]/158/2020 DATED 03.03.2020 WITH ANNEXURE ISSUED BY THE 3RD RESPONDENT Exhibit R2(c) A TRUE COPY OF THE BO NO.1721/2007 [EB7/CE[HRM]/GNL-VP/2007] DATED 25.07.2007 Exhibit R2(d) A TRUE COPY OF THE PROCEEDINGS NO.EBI[A]/AE[ELE]/158/2007 DATED 05.11.2007 WITH ANNEXURE ISSUED BY THE 3RD RESPONDENT Exhibit R2(e) A TRUE COPY OF THE CHART DENOTING POSTING STRENGTH TO VACANCY IN EACH FINANCIAL YEAR IN PROGRESSION FROM THE YEAR 1983 TO 2004 IN RESPECT OF 10 PERCENTAGE ASSISTANT ENGINEER (ELE)