IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28402 of 2008(F)
1. M.G.ANANTHAKRISHNAN, S/O.V.GOPI,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE CHIEF ENGINEER (HRM), KSEB,
3. GIRISH.M, ASST. ENGINEER, K.S.E.B,
4. N.SATHEESH KUMAR, ASSISTANT ENGINEER,
5. SHEEJA.S., ASSISTANT ENGINEER,
For Petitioner :SRI.P.P.JNANASEKHARAN
For Respondent :DR.K.P.SATHEESAN
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :03/07/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C)Nos.28402, 28483, 28943,
29001 & 37583 of 2008
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Dated 3rd July, 2009
JUDGMENT
Common questions arise in these writ petitions. They
were therefore heard together and are being disposed of by this
common judgment.
2. These writ petitions are filed challenging the reversion of
the petitioners from the category of Assistant Engineer (Electrical) to
Sub Engineer (Electrical) pursuant to the order of the Kerala State
Electricity Board dated 17.9.2008, a copy of which is produced and
marked as Ext.P6 in W.P.(C)No.28402 of 2008. By reason of the
interim orders passed by this Court in these writ petitions, the orders
reverting the petitioners did not take effect.
3. The order impugned in these writ petitions was passed
pursuant to the directions issued by this Court in W.P.(C)Nos.33726
and 33749 of 2005. It is brought to my notice that by order passed on
17.6.2009 in R.P.No.902 of 2008 in W.P.(C)No.33726 of 2005 and
connected cases filed by third parties, a Division Bench of this Court
has reviewed the orders earlier issued by this Court in W.P.(C)
Nos.33726 and 33749 of 2005 and directed that vacancies which arose
WP(C).No.28402/2008 & connected cases 2
between 2002 selection and 31.1.2005 will have to be filled up in
accordance with the Rules then in force and that the order passed by
the Board on 1.2.2005 to leave the recruitment against 10% quota of
in-service candidates to the Kerala Public Service Commission, will
have only prospective operation. The operative portion of the order
passed by this Court in R.P.No.902 of 2008 reads as follows:
“The decision of the Board to leave the
recruitment against 10% quota of in-service
candidates to P.S.C. was approved by the
Government only by order dated 1.2.2005. Since
the said order of approval has only prospective
operation, the vacancies which arose between the
2002 selection and 31.1.2005 will have to be filled
up in accordance with the Rules then in force. The
Board shall undertake the exercise to fill up those
vacancies in accordance with law, in the light of
the Rules then in force, within four months from
the date of production of copy of judgment, by
inviting fresh applications pointing out that the
appointment is to be made on regular basis. Till
such appointments are made, the review
petitioners and the contesting respondents may be
retained in the posts held by them, i.e. in the post
of Assistant Engineer, on temporary basis,
provided their services are required by the Board.
In other words, by virtue of this order in this
review petition, they need not be reverted for the
present.”
4. The Division Bench of this Court has thus directed the
Board to fill up the vacancies that arose between 2002 selection and
31.1.2005 by inviting fresh applications. This Court has also directed
that till such time, the parties to the review petition need not be
WP(C).No.28402/2008 & connected cases 3
reverted. In my opinion, in the light of the orders now passed by the
Division Bench, these writ petitions can be disposed of with the
direction that the petitioners shall also be entitled to the benefits
flowing from the order passed by this Court on 17.6.2009 in
R.P.No.902 of 2008 in W.P.(C)33726 of 2005 and connected cases and
with the further observation that it will be open to the petitioners to
apply for appointment afresh on a regular basis pursuant to the
directions issued by the Division Bench in R.P.No.902 of 2008 in W.P.
(C)No.33726 of 2005 and connected cases. I also direct that till
appointments are made as directed by the Division Bench they shall
not be reverted from the post of Assistant Engineer (Electrical). The
directions issued by the Division Bench in R.P.No.902 of 2008 in W.P.
(C)No.33726 of 2005 and connected cases will govern these cases
also.
5. The petitioner in W.P.(C)No.28402 of 2008 has a further
grievance that respondents 4 and 5 who are Cashiers are not entitled
to be promoted till all Sub Engineers in the Board are promoted. This
is also a matter which the petitioner can bring to the notice of the
Board and the officers, when the Board undertakes the exercise, as
directed by this Court in the order passed in R.P.No.902 of 2008 in in
W.P.(C)33726 of 2005 and connected cases by filing an appropriate
WP(C).No.28402/2008 & connected cases 4
representation. The Board shall while implementing the directions
issued by this Court in R.P.No.902 of 2008 in in W.P.(C)33726 of 2005
also consider the objections raised by the petitioner in W.P.(C)
No.28402 of 2008 and shall also advert to the same while passing
orders.
The writ petitions are disposed of as above.
P.N.RAVINDRAN
Judge
TKS