IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34336 of 2008(K)
1. BYJU.V.Y, SREE NILAYAM, ANCODE,
... Petitioner
Vs
1. KERALA STATE ELECTICITY BOARD,
... Respondent
2. THE CHIEF ENGINEER (HRM), KERALA STATE
3. THE STATE OF KERALA, REPRESENTED BY THE
4. VINOD.T, THETTIYARAKALA PUTHENVEEDU,
For Petitioner :SRI.GEORGE POONTHOTTAM
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :09/12/2008
O R D E R
P.N.RAVINDRAN, J
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W.P.(C) NO:34336 of 2008
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Dated this the 9th day of December, 2008
JUDGMENT
The petitioner who is presently working as Meter Reader in the
Kerala State Electricity Board, challenges Ext.P3 provisional
gradation list of Meter Readers appointed/promoted during the
period from 11-02-03 to 31-01-08. The petitioner was appointed as
Meter Reader under the compassionate appointment scheme
evidenced by Ext.P2 by memo dated 18-12-2004 and he joined duty
on 27-12-2004. According to the petitioner, he is entitled to
seniority with effect from 18-12-2004, the date of the appointment
order. Reliance is placed on Ext.P4 Government order dated
28-5-1991 in support of the said contention.
2. The pleadings disclose that after Ext.P1 appointment order
was issued and the petitioner joined duty, 482 candidates directly
recruited from the open market were advised by the Kerala Public
Service Commission as per advise memos dated 28-12-2004. After
the direct recruits joined duty, Ext.P3 provisional gradation list was
published wherein the direct recruits were given seniority with
effect from the date of advice. The petitioner contends relying on
Ext.P4 Government order that his seniority has to be reckoned from
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18-12-2004, the date of Ext.P1 appointment order. The learned
standing counsel appearing for the respondents also submits that
Ext.P4 Government order has not been adopted by the Board.
3.The petitioner was admittedly appointed under the Dying-in-
Harness Scheme. Ext.P2 is a copy thereof. Sub clause (7) of
Paragraph 9 of Ext.P2 states that if a list of candidates for
appointment in the Board prepared by the Kerala Public Service
Commission is in force, the candidates included in that list will have
priority over the candidates included in the list prepared for
appointment under the Dying-in-Harness Scheme. Paragraph 11 of
Ext.P2 states that the seniority of persons under the Dying-in-
Harness Scheme shall be determined by the date on which they join
duty pursuant to such appointment. What the petitioner claims is
seniority with effect from the date of the order of appointment. In
my opinion, the petitioner who got appointment by virtue of Ext.P2
cannot turn round and contend relying on Ext.P4 Government order
that his seniority should be reckoned with effect from the date of the
order of appointment and not from the date on which he joined duty.
4. In my considered opinion, the claim made by the petitioner
cannot be sustained. He was given appointment under Ext.P2
regulations framed under Section 79 read with Section 15 of the
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Electricity (Supply) Act, 1948. In view of the stipulations in Ext.P2
regulations, the petitioner cannot claim seniority over candidates
appointed through the Kerala Public Service Commission. The writ
petition fails and is accordingly dismissed.
P.N.RAVINDRAN,
JUDGE
bps