IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 23843 of 2011(E) -------------------------- PETITIONERS: --------------- 1. A.SELVAN, ELECTRICITY WORKER, ELECTRICAL SECTION, KANJIODE, PALAKKAD-678 622. 2. P.KANNAN, ELECTRICITY WORKER, ELECTRICAL DIVISION, K.S.E.BOARD, ADIMALY, KALLARKUTTY, IDUKKI. 3. P.MANIKANDAN, ELECTRICITY WORKER, GENERATION DIVISION, K.S.E.BOARD, KARIMANEL, IDUKKI. 4. R.BIJU, ELECTRICITY WORKER, ELECTRICAL SECTION, PARAVOOR, KOLLAM. 5. O.SHAJI, ELECTRICITY WORKER, ELECTRICAL SECTION, K.S.E.BOARD, CHITHARA, PUNALUR. 6. K.RAJAN, ELECTRICITY WORKER, GENERATION SUB DIVISION, K.S.E.BOARD, KALLARKUTTY. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004. 2. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004. BY S.C. SRI.K.S.ANIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23843 of 2011(E) APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE PHOTOCOPY OF THE ORDER OF THE 2ND RESPONDENT, DATED 20- 041995. EXT.P2: TRUE PHOTOCOPY OF THE MEMO, DATED 22.04.1999 ISSUED TO THE IST PETITIONER. EXT.P3: TRUE PHOTOCOPY OF THE MEMO OF THE 2ND RESPONDENT, DATED 22.4.1999 WITH RESPECT TO THE 4TH PETITIONER. EXT.P4: TRUE PHOTOCOPY OF THE REQUEST OF THE 1ST PETITIONER, DATED 6.8.1999. EXT.P5: TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE LONG TERM SETTLEMENT, DATED 11.8.2001. EXT.P6: TRUE PHOTOCOPY OF THE REQUEST OF THE 5TH PETITIONER, DATED 10.05.2000. EXT.P7: TRUE PHOTOCOPY OF THE ORDER OF THE 2ND RESPONDENT, DATED 26.06.2007 BY GRANTING CATEGORY CHANGE TO ONE ANILKUMAR T. EXT.P8: TRUE PHOTOCPY OF THE ORDER OF THE 2ND RESPONDENT, DATED 6.2.2008. EXT.P9: TRUE PHOTOCOPY OF THE CIRCULAR OF THE 2ND RESPONDENT, DATED 12.6.2008. EXT.P10: TRUE PHOTOCOPY OF THE ORDER OF THE 2ND RESPONDENT, DATED 24.10.2008. EXT.P11: TRUE PHOTOSTAT COPY OF THE ORDER OF THE 2ND RESPONDENT, DATED 21.01.2010. EXT.P12:TRUE PHOTOSTAT COPY OF THE REPRESENTATIONS OF THE PETITIONERS, DATED 14.03.2011 SUBMITTED THROUGH PROPER CHANNEL. // TRUE COPY // TKS P.S. TO JUDGE C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.23843 of 2011 ---------------------------------------- Dated 2nd September, 2011 JUDGMENT The petitioners are working as Electricity Workers under the Kerala State Electricity Board. Relying on Ext.P5 long term settlement dated 11.8.2002 it is contended that the petitioners who originally belonged to the category of Office Attendants despite their posting as Electricity Workers are entitled to the benefit of the relevant provision under Article X thereunder that provides for posting of Office Attendants as Mazdoors in case of possession of the qualification prescribed for the post of Mazdoor. Though they are qualified their claim for category change remain unconsidered. The contention of the petitioners is that persons juniors to them in the category of Office Attendants were posted as Mazdoors in view of the aforesaid provision under the settlement. Though Ext.P5 long term settlement was replaced by 2007 settlement the provision for category change still continues. In the said circumstances, pointing out the fact that their juniors were granted category change, that is, posting as Mazdoors and after such appointments they have obtained further promotions to the posts of Lineman Grade II and Lineman Grade I the petitioners submitted Ext.P12 series of representations. Ext.P12 series of WP(C).No.23843/2011 2 representations are pending before the 2nd respondent. In the said circumstances, without making any observation as to the merits of the claims and contentions of the petitioners, this writ petition is disposed of with a direction to the second respondent to consider and pass orders on Ext.P12 series of representations expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Sd/- C.T.RAVIKUMAR Judge TKS