IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2925 of 2009()
1. BINI K.P., D/O.PADMANABHAN,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE CHIEF ENGINEER(HRM),
3. THE KERALA PUBLIC SERVICE COMMISSION,
For Petitioner :SRI.ALEXANDER JOSEPH
For Respondent :SRI. ASOK M.CHERIYAN, SC, KSEB
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :06/01/2010
O R D E R
K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ.
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W.A. No.2925 of 2009
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Dated 6th January, 2010.
J U D G M E N T
Balakrishnan Nair, J.
The appellant is the writ petitioner. She was a
candidate included in the rank list prepared by the PSC for
appointment to the post of Sub Engineer. But the KSEB decided
to abolish certain posts of Sub Engineers as part of economy
measure. Therefore, there were no vacancies to accommodate
the candidates included in the ranked list. The persons included
in the rank list like the appellant, approached this court. This
court issued a direction to appoint the petitioners therein who
might have got appointment, but for the abolition of the posts,
notionally to the service of the KSEB and also to retrench them
immediately. The said direction was issued by this court to
enable the appellant and others to get appointment under the
KSEB, whenever direct recruitment is made from the open
WA NO.2925/09 2
market. In obedience to that direction, the appellant and others
were appointed and retrenched, by Ext.P1 order. Now there are a
few vacancies in the KSEB in the post of Sub Engineer. So the
appellant, claiming one of those vacancies, filed this writ petition.
But the KSEB resisted the prayer of the petitioner/appellant,
contending that she has a claim only to get appointment when
recruitment is made from the open market. Only 30% of the
vacancies in the cadre of Sub Engineer are reserved to be filled
up from the open market. At present, there are excess direct
recruits, having regard to the cadre strength. According to them,
only 142 posts are available for direct recruitment, but 320 direct
recruits are working. Therefore, the claim of the appellant was
untenable, it was submitted. The learned Single Judge upheld
the contention of the KSEB and overruled the contention of the
appellant that irrespective of the quota, whenever a vacancy
arises, she being a retrenched hand, should be accommodated.
Feeling aggrieved by the judgment, this writ appeal is filed.
2. We heard the learned counsel Sri.Alexander Joseph
for the appellant and the learned Standing Counsel for the KSEB.
WA NO.2925/09 3
The point to be decided is whether the appellant, as a retrenched
employee, can claim appointment to any vacancy arising in the
cadre of Sub Engineer. In this case, we notice that the appellant,
as a candidate included in the rank list, had claim only to the
vacancies available in the direct recruitment quota. Since several
posts were abolished, the appellant could not have been
appointed. So, to safeguard the interest of the appellant and
others, this court thought, they should be considered in future
vacancies arising in that quota. They can be considered if only
they are advised, appointed and thereafter retrenched.
Otherwise, once the PSC list expires, they will not have any claim
for appointment. To get over this legal hurdle, and having
regard to the special facts of this case, certain directions were
issued by this court and on the strength of those directions,
Ext.P1 appointment order was issued. The retrenchment under
Ext.P1 cannot be treated as a normal retrenchment of an
employee who was working for some time and thereafter, owing
to absence of vacancy, the incumbent was retrenched. In view of
the above position, we agree with the stand of the KSEB and also
WA NO.2925/09 4
with the view taken by the learned Single Judge. Accordingly, the
writ appeal is dismissed.
K.BALAKRISHNAN NAIR, JUDGE.
C.T.RAVIKUMAR, JUDGE.
tgs
K.BALAKRISHNAN NAIR &
C.T.RAVIKUMAR, JJ.
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W.A. No.2925 of 2009
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J U D G M E N T
Dated 6th January, 2010.