IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WA.No. 2215 of 2008 ---------------------------- AGAINST THE ORDER IN WPC.6526/2008 Dated 07/11/2008 .................... APPELLANTS/PETITIONERS/RESPONDENTS IN THE IA: ------------------------------------------------------------------------------- 1. VINODAN K., SUB ENGINEER (ELECTRICAL), ELECTRICAL SECTION, K.S.E.B MELADY, VADAKARA, KOZHIKODE 673 522. 2. SURESH BABU K.P., SUB ENGINEER (ELECTRICAL), 110 K.V.SUB STATION, K.S.E.B, AGASTHIANMOOZHI, MANASSERY P.O., KOZHIKODE 673 602. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENTS/RESPONDENTS/PETITIONERS IN THE IA: -------------------------------------------------------------------------------- 1. KERALA STATE ELECTRICITY BOARD (KSEB IN SHORT) REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-4. 2. THE CHIEF ENGINEER (H.R.M) K.S.E.B, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-4. BY ADV.SRI. ASOK M. CHERIAN-SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No.2215 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of November, 2008 JUDGMENT Basheer, J. Appellants are the writ petitioners. They impugn the interim order passed by the learned Single Judge in I.A.No.12689/2008 in the writ petition. (2) By the impugned order, the learned Single Judge has permitted the Kerala State Electricity Board to follow the rules framed by it in the matter of effecting promotion to the post of Sub Engineer (Electrical). (3) Taking exception to the above interim order, it is contended by the appellants that even though they are Senior Sub Engineers, they are being denied promotion and their juniors in rank, who are only certificate holders are being promoted as Assistant Engineers. Learned counsel for the appellants while inviting our attention to Ext.R1(a) contends that the Board cannot rely on the rules/regulations contained therein since they have not been approved by the Government. According to the appellants, Ext.P6 Special Rules alone will be applicable. 2 W.A.NO.2215/08 (4) We do not propose to deal with those contentions at this stage, since those issues are yet to be considered by the learned Single Judge in the writ petition. The impugned order was apparently passed by the learned Judge by way of an interim arrangement. It will be open to the appellants to urge all their contentions in the writ petition when it is taken up for hearing. (5) In our considered opinion, no interference is warranted at this stage with the interim order passed by the learned Single Judge. We hasten to add that we have not considered the merit of any of the contentions raised by the appellants. Promotions, if any, made by the Board to the post of Assistant Engineer (Electrical) will be subject to the result of the writ petition. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE cl 3 W.A.NO.2215/08