IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 8666 of 2010(G) --------------------------------------- PETITIONER(S): ------------------------- K.SADASIVAN,SUB ENGINEER,ELECTRICAL SECTION,KADAKKAVUR,ATTINGAL,THIRUVANANTHAPURAM. BY ADV. SMT.I.SHEELA DEVI RESPONDENT(S): --------------------------- 1. STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY,VYDYUTHI BHAVAN, PATTOM,THIRUVANANTHAPURAM. 3. CHIEF ENGINEER,KERALA STATE ELECTRICITY BOARD,VYDYUTHI BHAVAN,PATTOM,THIRUVANANTHAPURAM. 4. EXECUTIVE ENGINEER,ELECTRICAL DIVISION, ATTINGAL,THIRUVANANTHAPURAM DISTRICT. 5. CHIEF INTERNAL AUDITOR,KERALA STATE ELECTRICITY BOARD,VYDYUTHI BHAVAN,PATTOM, THIRUVANANTHAPURAM. R1 BY GOVERNMENT PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No.8666 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of April, 2010 J U D G M E N T The petitioner is working as a Sub Engineer under the Kerala State Electricity Board. Earlier, he had rendered provisional service as meter reader from 22.10.1993. According to the petitioner, by virtue of the 1998 settlement, he is entitled to get reckoned the said provisional service for all purposes. This writ petition has been filed mainly with the following prayers:- i. call for the records leading to Ext.P8 and quash the same by the issue of a writ in the nature of certiorari, ii.issue a writ in the nature of mandamus or any other appropriate writ, direction or order directing the respondents to grant the benefits from 22.12.1993 as per the settlement. iii.Grant 10 years Higher Grade to the petitioner on completion of 10 years taking into account the provisional service from 1989 onwards and give all consequential monetary benefits:, 2. The Kerala Service Rules are applicable to the employees under the second respondent. The said fact is evident from Ext.P6 judgment as well. Therefore, the very WPC.8666 of 2010 : 2 : entitlement of the petitioner to reckoned the aforesaid provisional service as to be considered in the light of the relevant provisions under the KSR. Admittedly, in this case, the provisional service was rendered by the petitioner prior to 1.10.1994. However, the regular appointment was made only after 1.10.1994, that is only on 29.7.1996. The issue involved is covered by a full bench decision of this court reported in State of Kerala Vs. Ponnamma (2005(4)KLT 987). In view of the dictum laid down by the full bench, the relief sought for by the petitioner cannot be granted and hence this writ petition is dismissed. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A.to Judge