High Court Kerala High Court

G.Sreekumaran Nair Alias … vs Kerala State Electricity Board on 7 October, 2008

Kerala High Court
G.Sreekumaran Nair Alias … vs Kerala State Electricity Board on 7 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3959 of 2008(U)


1. G.SREEKUMARAN NAIR ALIAS SREEKUMAR,
                      ...  Petitioner

                        Vs



1. KERALA STATE ELECTRICITY BOARD
                       ...       Respondent

2. DEPUTY CHIEF ENGINEER, K.S.E.B.,

3. ASSISTANT EXECUTIVE ENGINEER, K.S.E.B,

4. ASSISTANT EXECUTIVE ENGINEER,

                For Petitioner  :SRI.K.P.RAJEEVAN

                For Respondent  :SRI.K.S.ANIL, SC, KSEB

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :07/10/2008

 O R D E R
                     P.N.RAVINDRAN, J
              -----------------------------
            W.P.(C) NO: 3959 of 2008
              -----------------------------
            Dated this 7th day of October, 2008

                         JUDGMENT

Heard Sri.K.P.Rajesh the learned counsel appearing for

the petitioner and Sri.Ashok M.Cherian the learned

standing counsel appearing for the Kerala State

Electricity Board, hereinafter referred to as the “Board”

for short. The petitioner is a casual sweeper in the

service of the Board. He claims regularization in the

light of Ext.P5 Government Order dated 25-11-2005.He also

relies on Ext.P6 order dated 17-7-2007 passed by the

Board regularizing the services of six part time casual

sweepers.

2. The first respondent has filed a counter affidavit

contending inter alia that Ext.P5 Government Order does

not apply to the Board and that in view of the special

rules, the service of the petitioner cannot be

regularized. The learned counsel for the petitioner

submits that pursuant to the directions issued by this

Court in O.P.No.16733 of 1998, the services of six persons

working in the Board on contract basis as part time

W.P.(C) NO: 3959 of 2008
2

sweepers were regularised by Ext.P6. The learned counsel

for the petitioner submits that the petitioner is also

similarly situate as the said six persons. The learned

counsel for the Board submitted that in the event of the

petitioner filing a representation before the Secretary

of the Board producing a copy of Ext.P6, the Board will

consider the same and take a decision thereon at the

earliest.

3. The writ petition is therefore disposed of with a

direction to the petitioner to file an appropriate

representation before the Secretary of the Board claiming

regularization, within two weeks from today. The

Secretary of the Board shall on receipt of the said

representation consider the same and take a decision

thereon, if necessary, after placing it before the Board.

The Secretary/Board shall consider Ext.P6 also while

taking a decision on the petitioner’s representation.

Final orders in the matter shall be passed within three

months from the date on which the petitioner moves the

Secretary of the Board as directed above.

W.P.(C) NO: 3959 of 2008
3

The writ petition is disposed of as above.

P.N.RAVINDRAN,
JUDGE

bps