IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WA.No. 1903 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.3524/2006 Dated 18/03/2009 .................... APPELLANT(S): -------------- 1.KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. CHIEF ENGINEER (HRM), VAIDYUTHI BHAVANAM, THIRUVANANTHAPURAM. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB RESPONDENT(S): --------------- 1. K.J.FRANCIS, LINEMAN GRADE I, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, VADAKKANCHERY, PALAKKAD. 2. P.P.BHARATHAN, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, PADOOR, PALAKKAD. 3. BRIGHT SINGH T.L., KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, BALARAMAPURAM, THIRUVANANTHPAURAM. 4. DIRECTOR OF EMPLOYMENT AND TRAINING, THYCAUD, THIRUVANANTHAPURAM-14. 5. DIRECTOR GENERAL OF EMPLOYMENT AND TRAINING, SHRAMSAKTHI BHAVAN, RAFI MARG, NEW DELHI -1. GOVT.PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.A. No.1903 of 2009 ---------------------------------------------- Dated 27th August, 2009. J U D G M E N T Kurian Joseph, J. Respondents in the writ petition are the appellants. The writ petitioner approached this court aggrieved by the denial of promotion on the ground that he does not possess the required qualification for appointment to the post of Meter Reader. The prescribed qualification is National Trade Certificate in Electrician/ Wireman/Electronics Trade or KGCE Electrical from an institution recognized by the Government of Kerala or MGTE/KGTE Group Certificate covering the following four subjects: (a) Electrical Light & Power (Higher), (b) Applied Mechanics(L), (c) Heat Engines (Lower) (d) Machine Drawing (L). 2. The petitioner possessed the qualification of National Trade Certificate in Mechanic - Radio and Television and National Apprenticeship Certificate in Electronic Mechanic. The Director of Employment and Training has taken a stand in the counter affidavit that the qualification possessed by the writ petitioner is superior to the prescribed qualification in the same field. If that be so, in view of the decision of the Supreme Court in Jyoti K.K. WA NO.1903/09 2 & others v. Kerala Public Service Commission and others [JT 2002 (Suppl.1) S.C.85], the writ petitioner is entitled for promotion. Therefore, for reasons other than those stated in the judgment under appeal, we find that the writ petitioner is otherwise liable to be considered for promotion with the notional benefits granted as per the judgment. Thus there is no merit in the Writ Appeal. It is accordingly dismissed. KURIAN JOSEPH, JUDGE. C.T.RAVIKUMAR, JUDGE. tgs KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.A. No.1903 of 2009 ---------------------------------------------- J U D G M E N T Dated 27th August, 2009.