IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 WA.No. 1307 of 2008() --------------------- AGAINST THE JUDGEMENT IN WPC.13785/2008 Dated 06/06/2008 .................... APPELLANT(S): PETITIONER ---------------------- P. SULAIMAN, AGED 38, S/O.LATE ABDULLA, PULIYANCHERI HOUSE, KARUVAMBRUM WEST.P.O, CHADIKKALU-23, NOW RESIDING AT KSEB 66 KV SUB STATION, QUARTERS NO-R1, MANJERI, KARUVAMBRUM.P.O. BY ADV. SRI.P.S.SREEDHARAN PILLAI RESPONDENT(S): RESPONDENTS ------------------------ 1. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, TRIVANDRUM. 2. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, TRANSMISSION DIVISION, MALAPPURAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, SUBSTATION SUB DIVISION, MALAPPURAM. 4. SHAJI.P.K, OVERSEER, KERALA STATE ELECTRICITY BOARD, 66 KV SUBSTATION, KARUVAMBRAM.P.O, MANJERI. 5. A.K. RAJESH, OVERSEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, MANJERI. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1-3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN, Ag.C.J. & C.N.RAMACHANDRAN NAIR, J. ------------------------------- W.A.No.1307 of 2008 ------------------------------- Dated this the 2nd day of March, 2010 J U D G M E N T Raman, Ag.C.J. Ext.P6 is a proceeding issued by the Assistant Executive Engineer after hearing all parties, pursuant to a judgment passed by this Court in W.P.(C) No.6898 of 2008, (Ext.P3) a petition filed by the appellant herein. The grievance of the appellant is that the quarters occupied by him is directed to be vacated, but there is nobody else to occupy the said quarters. Allotment of quarters is governed by Ext.R3(a) and it is stated that the quarters has to be allotted on priority basis to the operating staff. The appellant is working as Lineman in the Electrical Section, Manjeri; as per Ext.R3(a), he comes under the category of clause 2(1)(iii); and hence he is not the operating staff. It is also submitted that similarly situated persons like the appellant are also directed to be vacated WA.No.1307/2008 2 pursuant to Ext.P6. According to the appellant, he is the senior most entitled for allotment of quarters, as per the Rules, and if at all anybody has to be vacated, it should be based on “last come first go” basis. 2. However, the learned Standing counsel appearing for the Kerala State Electricity Board submits that quarters are reserved for operating staff of the sub-station. As the appellant is working at Electrical Section at Manjeri, and he is not an operating staff, the question of any seniority does not arise in this case. We find force in such contention. At the same time, the appellant has got another grievance that after the appellant vacates the premises, it will lie vacant without the same being allotted to any other operating staff. This shall not happen. 3. In case, the quarters occupied by the appellant is required to be allotted to any other operating staff, the Board order to that effect should be issued to the said staff, WA.No.1307/2008 3 simultaneously issuing a notice to the appellant, thereby making the quarters not lie vacant. The writ appeal is disposed of with the above observation. P.R.RAMAN, Ag. CHIEF JUSTICE C.N.RAMACHANDRAN NAIR, JUDGE nj.