IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11722 of 2009(I)
1. BENCY JOHN, SUB ENGINEER,
... Petitioner
2. SATHEESH BABU, SUB ENGINEER,
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. CHIEF ENGINEER (HRM),
For Petitioner :SRI.B.GOPAKUMAR
For Respondent :SRI.K.S.ANIL, SC, KSEB
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :06/10/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 11722 OF 2009 (I)
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Dated this the 6th day of October, 2009
J U D G M E N T
Petitioners are diploma holders presently working as Sub
Engineers in the Kerala State Electricity Board. They are claiming
promotion to the post of Assistant Engineer (Electrical).
Admittedly, going by Ext.P2, and as confirmed by the respondents
in the counter affidavit filed, the cadre strength of Assistant
Engineers is 2112. As per the Recruitment Rules, 30% of the posts
are to be filled up from among diploma holders working in the
category of Sub Engineers. Therefore 634 posts are to be filled
up from among the diploma holders to which category the
petitioners belong.
2. In the writ petition, the specific case of the petitioners
is that on 31/10/2007, only 561 posts were filled up by promoting
the diploma holders and that even among the 561 atleast 150
persons have retired till the date of filing the writ petition and
therefore the said vacancies were available to be filled up. It is
stated that they claimed promotion by making representations,
but promotions were not granted.
WPC 11722/09
:2 :
3. By order dated 23/5/2009, this Court directed the
respondents to promote the petitioners on a temporary basis
based on their rank and seniority, if vacancies of Assistant
Engineer (Electrical) earmarked to diploma quota were available.
It is stated that accordingly, as per Ext.P9, 75 diploma holders
were promoted. Producing Ext.P9, petitioners have filed IA
No.10808/09 complaining that the order has not been fully
complied with, in as much as according to the petitioners, from
among those who were promoted from the diploma quota, in view
of retirement and other reasons, only 370 persons were actually
working and therefore the entire vacancies in the diploma quota
should be filled up if the order dated 23/5/2009 were to be
complied with fully.
4. Respondents have filed a counter affidavit. In the
counter affidavit, the stand taken by the respondents is that the
claims made by the petitioners regarding the existence of
vacancies as averred in para 5 of the writ petition and para 4 and
5 of the affidavit in IA No.10808/09 are factually incorrect.
Respondents would contend that with the promotion that was
effected from the diploma quota as per Ext.P9, as against the 634
WPC 11722/09
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posts available to Diploma holders, 633 persons were working.
Therefore, they would submit that the order has been complied
with.
5. Although the counsel for the petitioners made
reference to Ext.P11 and contended that in the 40% direct
recruitment quota, posts were filled up as per Ext.P11 and that if
the same standard is adopted, more vacancies are available to
diploma holders. Thus the submissions made by the counsel for
the petitioners is that the exact number of vacancies available is
as contended in the writ petition, although this factual assertion is
contradicted by the standing counsel appearing for the
respondents.
6. Essentially what emerges for resolution is the exact
number of vacancies in the category of Assistant Engineer
(Electrical) that are available to be filled up from among the
diploma holders working as Sub Engineers. This certainly is a
factual issue which will have to be decided with reference to the
Recruitment Rules and the actual number of promotions made
and the number of persons who are now occupying the post of
Assistant Engineer (Electrical).
WPC 11722/09
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7. In my view, it will be more appropriate that the 2nd
respondent should examine the aforesaid claim of the petitioners
with reference to the materials available and take a decision in
the matter.
The writ petition is therefore disposed of directing the 2nd
respondent to consider the claim of the petitioners regarding the
availability of more number of vacancies in the category of
Assistant Engineer (Electrical) to be filled up from among the
diploma holders working as Sub Engineers in the Board. It is
directed that the above process shall be completed as
expeditiously as possible, at any rate within 6 weeks of
production of a copy of this judgment and it is further directed
that if vacancies are found to be available, the same shall be filled
up by promoting eligible diploma holders working as Sub
Engineers.
ANTONY DOMINIC, JUDGE
Rp