IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 841 of 2009(A) ---------------------------------- PETITIONER(S): ----------------------- 1. V.RAJAN, DRIVER GRADE II, TMR DIVISION THIRUMALA, THIRUVANANTHAPURAM. 2. SUNIL KUMAR R, DRIVER GRADE II, BOARD SECRETARIAT, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 3. SURESH KUMAR D.S., DRIVER GRADE II, SUB REGIONAL STORE, KATTAKADA. 4. K.SELVARAJ, DRIVER GRADE I, TMR DIVISION, TIRUMALA, THIRUVANANTHAPURAM. 5. A.SIVARAJAN, DRIVER GRADE I, LINE MAINTENCE SECTION, 110 KV SUB STATION, K.S.E.BOARD, VIYUR, THRISSUR. 6. IBRAHIMKUTTY T.P, DRIVER GRADE II, ELECTRICAL SUB DIVISION, PAYYANNUR. 7. K.C. SHAJIMON, DRIVER GRADE II, GENERATION CIRCLE MOOLAMATTOM. 8. A.P. VISWANADHAN, DRIVER GRADE II, TRANSMISSION CIRCLE, KALAMASSERY, HMT COLONY P.O. 683 503. BY ADV. SRI.S.RAMESH BABU W.P.(C) NO.841/2009 RESPONDENT(S): ------------------------ 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVNANTHAPURAM. ADV. SRI.K.S.ANIL, SC , KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 841 of 2009-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of January, 2009. JUDGMENT The petitioners are presently working as Drivers Grade I and II in the Kerala State Electricity Board. They were included in the ranked list published on 19.9.2002 by the Kerala Public Service Commission for appointment as Driver Grade II. Initially, the petitioners were issued advice memos as evidenced by Exts.P1(a) to P1(h). There was an earlier dispute with regard to the existence of vacancies for appointing sufficient number of persons to the said post which resulted in Ext.P2 judgment of this court, whereby this court was pleased to direct that if there are no vacancies to accommodate them, after appointment they may be retrenched, to be reappointed as and when vacancies arise, according to seniority. Accordingly, by Ext.P3 even though they were appointed, they stood retrenched on the ground that there are no vacancies. 2. The petitioners were reappointed as per Ext.P5 order. The petitioners contend that even though they have been reappointed, they have not been given other benefits by way of notional appointment from the earlier date of appointment. It is submitted that the period from the date of WPC 841/2009 2 notional appointment to the date of regular appointment is to be treated as continuous service for all service benefits. 3. Heard learned Standing Counsel for the Kerala State Electricity Board also. 4. Whether the petitioners are entitled for the above relief, is a matter exclusively for the respondents to take a decision. In that view of the matter, the representations filed by the petitioners, viz. Exts.P7(a) to P7(h) will be disposed of by the first respondent with notice to the petitioners and any other affected parties, within three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (T.R. Ramachandran Nair, Judge.) kav/