IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 WP(C).No. 31739 of 2011(N) ------------------------------------- PETITIONER(S): ----------------------- 1. V.GEETHA, ASSISTANT FINANCE OFFICER, K.S.E.BOARD, GENERATION CIRCLE, KOTHAMANGALAM. 2. K.SASIDHARAN, ASSISTANT FINANCE OFFICER, KERALA STATE ELECTRICITYBOARD, CIVIL CIRCLE, KAKKAYAM, KOZHIKODE. BY ADVS. SRI.S.RAMESH SRI.NAVEEN.T SMT.POOJA SURENDRAN RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, PIN 695 004. REPRESENTED BY ITS SECRETARY. 2. THE CHIEF ENGINEER (HUMAN RESOURCE MANAGEMENT), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, PIN 695 004. BY ADV.SRI.K.S.ANIL, SC., KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RK W.P(C).NO. 31739/2011 APPENDIX PETITIONERS EXHIBITS: P1: COPY OF THE ORDER DATED 22-1-1999 ISSUED BY THE 1ST RESPONDENT. P2 : COPY OF THE CIRCULAR DATED 16-1-1997. P2(a): COPY OF THE RELEVANT EXTRACT OF THE GRADATION LIST OF DIVISIONAL ACCOUNTANTS AS ON 25-07-1990 PUBLISHED AS PER EXT.P2. P3: COPY OF THE NOTE DATED 29-3-2005 SENT BY THE 2ND RESPONDENT TO THE MEMBER (FINANCE). P4: COPY OF THE JUDGEMENT DATED 4-7-2007 IN W.P. (C) NO. 5629/2006 ETC.OF THIS HON'BLE COURT. P5: COPY OF THE ORDER DATED 7-4-2008 ISSUED BY THE 1ST RESPONDENT. P6: COPY OF THE COMMUNICATION DATED 14-6-2010 ISSUED BY THE APPELLATE AUTHORITY, OFFICE OF THE 2ND RESPONDENT. P7: COPY OF THE JUDGEMENT DATED 4-6-2009 IN W.P. (C) NO.14304/2008 OF THIS HON'BLE COURT. P8: COPY OF THE ORDER (NOTICE) DATED 8-03-2010 ISSIUED BY THE 2ND RESPONDENT. P8(a)P: COPY OF THE GRADATION LIST OF DIVISIONAL ACCOUNTANTS PUBLISHED BY THE 2ND RESPONDENT AS PER EXT. P8. RESPONDENTS EXHIBITS: NIL /TRUE COPY/ P.A TO JUDGE RK K.SURENDRA MOHAN, J. = = = = = = = = = = = = = WP(C).No.31739 of 2011-N. = = = = = = = = = = = = = Dated this the 29th November, 2011. J U D G M E N T The petitioners are now working as Assistant Finance Officers in the Kerala State Electricity Board ('KSEB' for short). They complain that they have been denied promotion to the post of Divisional Accountant by the KSEB without any justifiable reason. The stand of the KSEB is that since the petitioners have got appointment to the post of Senior Superintendent they were not entitled to be promoted as Divisional Accountant. The above stand was challenged by the petitioners in WP(C).No.5629/2006, which was allowed by Ext.P4 judgment. However, while implementing the directions in Ext.P4 judgment, the petitioners complain that their dates of promotion have not been correctly taken. Consequently, Ext.P5 order, according to them, is erroneous. Though 11 vacancies were WP(C).No.31739/2011-N. 2 available in the post of Divisional Accountant, pursuant to Ext.P5 order, only 8 persons have joined duty. If the said vacancies had been given to the petitioners, they contend that they would have obtained promotion from 1.8.2004. Therefore some others had filed WP(C).No.28846/2011 before this Court seeking to enforce their claim. The said writ petition has been disposed of directing the claim of the said persons to be considered. The judgment of this Court has not been implemented yet. The petitioners claim that they are entitled to get retrospective promotions with effect from 1.8.2004 and a further promotion to the post of Finance Officer. The delay in finalising Ext.P8 seniority list is causing serious prejudice to the career prospects of the petitioners. The second petitioner is due to retire from service on 30.11.2011. Therefore, petitioners seek the issue of appropriate directions for the consideration of their objections to Ext.P8, expeditiously. The Standing Counsel for KSEB Adv.K.S.Anil has no objection to the consideration of their objections. WP(C).No.31739/2011-N. 3 2. In the above circumstances, this writ petition is disposed of directing the second respondent to consider the objections of the petitioners and others submitted to Ext.P8 seniority list in accordance with law and to finalise the said seniority list, as expeditiously as possible and at any rate within two weeks from the date of receipt of a copy of this judgment. The petitioners may submit a fresh representation, if they so choose and may also produce any additional documents in support of their claims. K.SURENDRA MOHAN, (Judge) Kvs/-