IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(C).No. 26342 of 2006(J) ------------------------------------ PETITIONER(S): ----------------------- 1. M. MUHAMMED MUSTSHAFA RAWTHER S/O.M. MUHAMMED IBRAHIM RAWTHER LINE-MAN GRADE-I, ELECTRICAL SECTION, KOLLAKADAVU. 2. SHAJI. R., S/O.K. RAGHAVAN, LINE-MAN GRADE-I, ELECTRICAL SECTION, ARANMULA, CHENGANNOOR DIVISION. 3. S. FIROSE, S/O. SHAMSUDEEN.P., LINE-MAN GRADE-I, ELECTICAL SECTION, KOTTIYAM P.O., KOLLAM DISTRICT. 4. JAYAPRASAD. P., S/O.PADMANABHA PILLAI, LINE-MAN GRADE-I, ELECTRICAL SECTION, KONDOTTY, MALAPPURAM. 5. ANILKUMAR.N., S/O. NARAYANAN. K., LINE-MAN GRADE-I, ELECTRICAL SECTION, K.S.E.B., KOTTIYAM. 6. KRISHNAKUMAR. M., S/O.MADHAVANKUTTY.N., LINE-MAN GRADE-I, ELECTRICAL SECTION, KRISHNAPURAM. 7. WILFRED. A., S/O. ALEXANDER.J., LINE-MAN GRADE-I, ELECTRICAL SUB DIVISION, SAKTHIKULANGARA, KOLLAM DIVISION. 8. BENJAMIN. S., S/O. STEPHEN. J., LINE MAN GRADE-I, ELECTRICAL SUB DIVISION, KOTTIYAM ELECTRICAL DIVISION, MAYYANAD. 9. C. RADHAKRISHNAN, S/O. P. CHELLAPPAN, LINE MAN GRADE-I, ELECTRICAL SECTION, KOTTIYAM. RKM ..2/- ..2... WPC.NO.26342/2006 J ----------------------------- 10. ASOKAN. K.K., KUNJUKRISHNAKURUP, LINE MAN GRADE-I, ELECTRICAL SECTION, K.S.E.B, PARIPPALLY. 11. THAMPAN. K., S/O.KRISHNAPANICKER, LINE MAN GRADE-I, ELECTRICAL SECTION, K.S.E.B., OCHIRA. 12. YESUDAS. S., S/O.T. SEBASTIAN, LINE MAN GRADE-I, ELECTRICAL SECTION, ARANMULA, CHENGANNOOR. 13. C. SREEKUMAR, S/O. CHELLAPPAN, LINEMAN GRADE-I, ELECTRICAL SECTION, K.S.E.B., OCHIRA, KOLLAM. 14. K.P. MURALEEDHARAN, S/O. PADMANABHAN, LINEMAN GRADE-I, ELECRTRICAL SECTION, K.S.E.B., OCHIRA, KOLLAM DISTRICT. 15. JAYAKUMAR. V., S/O.K. VASUDEVAN, LINE MAN GRADE-I, ELECTRICAL SECTION, VALLUMBRUM, MANCHERI DIVISION, MALAPPURAM DISTRICT. 16. ABDULRUB. M., S/O.M.M. MANZOOR, LINEMAN GRADE-I, ELECTRICAL SECTION, K.S.E.B., PARAVOOR, KOLLAM DISTRICT. 17. RAMANADHAN. P., S/O.PARAMESWARA PANICKER LINE MAN GRADE-I, ELECTRICAL SECTION (NORTH) ALAPPUZHA. 18. NATESSAN. S., S/O.G. SREEDHARAN ACHARY, LINEMAN GRADE-I, ELECTRICAL SECTION, MANIMALA. 19. M.J. ANZAR, S/O.H. MEERA SAHIB, LINEMAN GRADE-I, ELECTRICAL SECTION OFFICE, K.S.E.B., PALLIMUKKU, KOLLAM DISTRICT. BY ADVS. SRI.M.V.THAMBAN SRI.K.V.ANIL KUMAR RKM ..3/- ..3.... WPC.NO.26342/2006 J ----------------------------- RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM) VYDUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY THE SECRETARY, PATTOM, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVT., DEPT.OF POWER GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 5. ARAVINDAKSHAN PILLAI. S., OVERSEER (ELECTRICAL) OFFICE OF THE DEPUTY CHIEF ENGINEER, ELECTIRCAL CIRCLE, K.S.E.B., KOLLAM. * 6. ANILKUMAR. S., OVERSEER (ELECTRICAL) OFFICE OF THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, K.S.E.B., KANNUR (DELETED). (*R6 IS DELETED AS PER ORDER DATED 04.11.2010 IN IA 14929/06) R1 & R2 BY SRI.P.SANTHALINGAM, SR.ADVOCATE, SC BY ADV.SRI.C.K.KARUNAKARAN, SC R3 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC R4 BY GOVT.PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKM WP(C).No. 26342 of 2006(J) ------------------------------------------ APPENDIX PETITIONER'S EXHIBITS : P1 : COPY OF THE RELEVANT PAGES OF THE LONG TERM SETTLEMENT 1995. P2 : COPY OF THE RELEVANT PAGES OF THE LONG TERM SETTLEMENT 2000. P3 : COPY OF THE NOTICE NO.ISI/GL/2003 DATED 26.05.2003. P4 : COPY OF THE CIRULAR NO.EB4/120/PRO/2005 DATED 01.07.2005 ISSUED BY THE 2ND RESPONDENT. P5 : COPY OF THE PROCEEDINGS NO.EB4 (B)/PRO/90/2006 DATED 25.08.2006 ISSUED BY THE 2ND RESPONDENT. P6 : COPY OF THE LIST OF 1000 CANDIDATES PREPARED BY THE RESPONDENTS. P7 : COPY OF THE ORDER NO.EB2/SE. (ELC.)/TRAINEES/08-09 DATED 03.02.2009. P8 : COPY OF THE LETTER NO.A111(3)113/05/CW DATED 23.11.2006. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE RKM S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.26342 of 2006 ---------------------------------------------- Dated this the 14th day of November, 2011 JUDGMENT In Ext.P2 long term settlement regarding service conditions of employees of the Kerala State Electricity Board, entered into between the Board and the Unions of employees of the Board, it has been agreed thus in Article VII B (8): “The post of Meter Reader shall be treated as the feeder category for promotion to the post of Sub Engineer (Ele.) against the 60% quota and the post of Overseer (Ele.) shall cease to be the feeder category to the post of Sub Engineer (Ele.) from the date of this Settlement. All the existing qualified Overseers (Ele) as on the date of the Settlement will be promoted to the post of Sub Engineer (Ele) and thereafter the qualified Meter Readers will be considered for promotion to the post of Sub Engineer (Ele.). 40% of the existing places of the Overseer(Ele.) will be shifted to Meter Reader and 40% of the vacancies in the category of Meter Reader will be reserved for qualified in-service candidates.25% of the Meter Reader post will be filled up by promoting qualified inservice candidates of and below the pay scale of Meter Reader. The method of appointment of Meter Reader will be modified as 60:40 between direct recruitment and promotion from qualified in-service candidates, with the concurrence of the Kerala Public Service Commission. Vacancies arising hereafter in the post of Overseer (Ele.) will be filled up in the following manner: i) 90% by promotion from the post of Lineman Gr.I based on seniority. W.P.(C)No.26342/06 2 ii) 7% by promotion from persons with ITI (non-electrical) and Meter Readers who are not eligible for promotion for the post of Sub Engineer(Ele.), according to seniority. iii) 3% by promotion from persons with a pass in 8th standard and 5 years field experience according to seniority.” The petitioners submit that pursuant to the said Article, the Electricity Board has written to the Kerala Public Service Commission for concurrence and the Public Service Commission has refused concurrence for the said proposal. In this writ petition, although the petitioners seek other reliefs as well, for the present, the petitioners confine their relief for a direction to the Kerala State Electricity board to take a decision as to whether the Board should overrule the opinion of the Public Service Commission and go ahead with implementation of the proposal contained in Ext.P2 as quoted above or to drop the proposal accepting the views of the Kerala Public Service Commission. 2. I have heard the learned Standing Counsel for the Kerala State Electricity Board also. Having heard both sides, I dispose of this writ petition with a direction to the Kerala State Electricity Board, the 1st respondent herein, to take a decision on the implementation of W.P.(C)No.26342/06 3 Article VII B (8) of Ext.P2 settlement, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE acd W.P.(C)No.26342/06 4