IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 WP(C).No. 23719 of 2011(L) -------------------------------------- PETITIONERS: --------------------- 1. A.RAJASEKHARAN NAIR, OVERSEER, 66 KV SUBSTATION, KERALA STATE ELECTRICITY BOARD, KOOTHATTUKULAM. 2. PARAMESWARAN NAIR.M.P., OVERSEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, RAMAPURAM. BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, SRI.K.A.BALAN, SRI.PETER JOSE CHRISTO, SRI.S.A.ANAND. RESPONDENTS: ------------------------ 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUDI BHAVANAM, PATTOM.P.O., THIRUVANANTHAPURAM-695 004. 2. THE CHIEF ELECTRICAL INSPECTOR, DEPARTMENT OF ELECTRICAL INSPECTORATE, GOVERNMENT OF KERALA, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. R1 BY SRI.K.S.ANIL, S.C, K.S.E.B. R2 BY SR. GOVT. PLEADER SRI. E.M. ABDUL KHADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.23719/2011-L: APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1: TRUE COPY OF THE CIRCULAR NO.B1-17175/2004/CEI DATED 18.09.2004 OF THE 2ND RESPONDENT. EXHIBIT P2: TRUE COPY OF THE LETTER NO.E2-20630/2010/CEI DATED 20.12.2010 OF THE PUBLIC INFORMATION OFFICER AND ADDITIONAL CHIEF ELECTRICAL INSPECTOR. EXHIBIT P3: TRUE COPY OF THE APPLICATION UNDER THE RIGHT TO INFORMATION ACT, 2005 TO THE PUBLIC INFORMATION OFFICER IN THE OFFICE OF THE ELECTRICAL INSPECTOR, KOTTAYAM. EXHIBIT P4: TRUE COPY OF THE LETTER NO.B5-4701/09/EIK DATED 15.09.2009 OF THE LECTRICAL INSPECTOR. EXHIBIT P5: TRUE COPY OF THE LETTER NO.D1-15702/2010/CEI DATED 05.10.2010 ADDRESSED TO ONE SRI.REMESH.R. UNDER THE PROVISIONS OF THE RIGHT TO INFORMATION ACT, 2005, BY THE SECRETARY AND PUBLIC INFORMATION OFFICER IN THE OFFICE OF THE CHIEF ELECTRICAL INSPECTOR. EXHIBIT P6: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE IST PETITIONER BEFORE THE IST RESPONDENT. EXHIBIT P7: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE IST RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. K.SURENDRA MOHAN, J = = = = = = = = = = = = = WP(C).No.23719 of 2011-L. = = = = = = = = = = = = = Dated this the 18th October, 2011. J U D G M E N T The petitioners are working as Overseers in the Kerala State Electricity Board (for short KSEB). According to them, they possess the qualification of Diploma in Electrical Engineering. They complain that the KSEB is promoting certificate holders as Sub Engineers and Assistant Engineers. According to them, such persons are to operate and maintain High Tension and Extra High Tension Installations. Therefore, transfer of persons who are not properly qualified may not be permitted. The petitioners also rely on Ext.P1 issued by the Chief Electrical Inspector in terms of the Indian Electricity Rules, 1956 to the effect that certificate holders are not qualified to operate and maintain High Tension and Extra High Tension Installations. Ignoring the above direction, the petitioners contend that WP(C).No.23719/2011-L. 2 transfers have been made in few places. 2. Though the Standing Counsel had taken time to get instructions, it is submitted that no instructions have been received in the matter yet. However, the counsel has no objection in Exts.P6 and P7 being directed to be considered. 3. In view of the above, this writ petition is disposed of directing the first respondent to consider Exts.P6 and P7 representations submitted by the petitioners in accordance with law and in the light of Ext.P1 circular and to pass appropriate orders thereon as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, (Judge) Kvs/-