IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4834 of 2005(A)
1. K.VIJAYAN CHETTIAR,
... Petitioner
2. D.MURALEEDHARAN, -DO- -DO-
3. M.P.SOMASUINDARAM, -DO- -DO-
4. SABU MATHEW, -DO- -DO-,
5. G.ANILKUMAR, -DO- -DO-
6. V.P.MOHANAN, -DO- -DO-
7. K.P.NANDAKUMAR, -DO- -DO-
Vs
1. THE CHIEF ENGINEER (HRM),
... Respondent
2. SAJEEVAN P.K.,
3. C.SUNDARAN,
For Petitioner :SRI.KRB.KAIMAL (SR.)
For Respondent :SRI.C.K.KARUNAKARAN, SC FOR KSEB
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :02/06/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) Nos. 4834 and 6300 of 2005
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Dated this the 2nd day of June, 2009
JUDGMENT
Heard the learned counsel appearing for the petitioners and the
learned standing counsel appearing for the respondents.
2. The petitioners are employees of the Kerala State Electricity
Board. They have filed this writ petition, aggrieved by the stand taken by
the Board that promotion to the category of Meter Readers will be made
only from among employees in the feeder categories who were qualified as
on 7-2-2003. I have by judgment delivered on 10-2-2009 in W.P.(C) No.
10602 of 2006 held that employees in the feeder categories cannot be
denied promotion merely for the reason that they were not qualified as on 7-
2-2003. It was held that as no cut off date had been fixed by the Board in
the circular issued by it inviting applications, all employees in the feeder
categories who were qualified on the date on which the circular was issued
are entitled to be promoted, based on their seniority, to the 25% quota
earmarked for in-service candidates holding posts carrying a scale of pay
below the scale of pay of Meter Reader.
The issue raised in this writ petition is covered in favour of the
WPC 4834/2005 & Con. case 2
petitioners by the decision of this Court in W.P.(C) No. 10602 of 2006. The
writ petitions are accordingly allowed and the respondents are directed to
promote the petitioners to the category of Meter Reader with effect from the
date on which their immediate juniors were promoted as per orders dated
15-1-2005 and 22-3-2005. This shall be done within three months from the
date of which the petitioners produce a certified copy of this judgment. The
petitioners will also be entitled to all consequential benefits, including
seniority and emoluments.
P.N.RAVINDRAN,
JUDGE.
mn.