IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 9501 of 2009(G) --------------------------------------- PETITIONER(S): ------------------------- 1. LIJO P.THOMAS S/O.THOMAS,WORKING AS METER READER K.S.E.B ELECTRICIAL SECTION, RANNY NORTH RESIDING AT PALANIL KUNNATHIL THUNDIYIL, OONNAKORU PO,RANNY. 2. HANEESH KUMAR, P S/O.LATE I.K.PEETHAMBARAN, WORKING AS METER READER K.S.E.B ELECTRICIAL SECTION, EZHIKKARA, N.PARAVUR, RESIDING AT ITTUPARAMBIL HOUSE, NJARAKKAL PO, ERNAKULAM. 3. SHAJAHAN K, S/O.LATE I.KASEER WORKING AS SUB ,ENGINEER (ELE) TRAINEE K.S.E.B ,ELECTRICAL SECTION, PATHIRIPALA, PALAKKAD, RESIDING AT KATTIL PEEDIKA HOUSE KALLEKKAD POST, PALAKKAD DISTRICT. 4. MATHEW ABRAHAM, S/O.LATE M.ABRAHAM WORKING AS SUB,ENIGNEER, (ELE)TRAINEE K.S.E.B ELECTRICAL SECTION, BEACH, THIRUVANANTHAPURAM, RESIDING AT POIKAYIL KALLEKKAL PUTHEN VEEDU, MULAVANA PO, KUNDARA,KOLLAM DISTRICT 5. BIJU K. BABU, S/O.T.P.SASEENDRA BABU WORKING AS METER READER, K.S.E.B ELECTRICAL SECTION, ERATTUPETTA, RESIDING AT KEETTUPARAMBIL PLASSANAL PO, THALAPPALAM, KOTTAYAM DISTRICT 6. JAI JOHN PAUL, S/O.JOHN WORKING AS METER READER, K.S.E.B ELECTRICAL SECTION, PAINAVU.RESIDING AT KUNNUMPURATHIL HOUSE, CHELACHUVEEDU PO, CHELACHUVADU. W.P.(C) NO.9501/2009 7. RANJITH M.K., S/O.M.S.KUNJAPPAN WORKING AS METER READER, K.S.E.B ELECTRICAL SECTION, KALOOR, RESIDING AT MURUGODITHARA HOUSE EDAVANAKKAD PO, ERNAKULAM DISTRICT. 8. ALEX PHILIP, S/O.I.PHILIPOSE WORKING AS METER READER, K.S.E.B ELECTRICAL SECTION, RESIDING AT ALEX BHAVAN, KUNDARA P.O., KOLLAM. 9. RAJ KUMAR R,S/O.D.RAVEENDRAN NAIR WORKING AS METER READER, K.S.E.B ELECTRICAL SECTION, RESIDING AT KOLANUTTU HOUSE MUTTATHI PARAMBU PO, CHERTHALA, ALAPPUZHA. BY ADV. MR.V.PHILIP MATHEW RESPONDENT(S): -------------------------- 1. KERALA STATE ELELCTRICITY BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER (CHAIRMAN) VYDUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF POWER KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER HUMAN RESOURCES MANAGEMENT, KERALA STATE ELECTRICITY BOARD, VYDUTHI BHAVAN PATTOM, THIRUVANANTHAPURAM. R2 BY GOVERNMENT PLEADER R1 & R3 BY.MR. ASOK M.CHERIYAN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.9501/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE GRADATION LIST OF METER READERS (ELE.) AS ON 1.1.04. P2:- COPY OF THE CIRCULAR DTD. 27.2.08 ALONG WITH GRADATION LIST AS ON 31.1.08. P3:- COPY OF THE REPRESENTATION DTD. 6.6.08 SUBMITTED BY IST PETITIONER. P4:- COPY OF THE ORDER DTD. 18.10.08 PASSED BY THE SECRETARY OF K.S.E.B. P5:- COPY OF THE ORDER NO.EB2/SF(ELE) TRAINEES/08-09DTD. 3.2.09 PASSED BY 3RD RESPONDENT. P6:- COPY OF THE RELIEVING MEMO DTD. 7.2.09 ISSUED BY THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, PATHANAMTHITTA.. P7:- COPY OF THE TRANSFER AND POSTING ORDER ISSUED BY EXECUTIVE ENGINEER, ELECTRICAL DIVISION, PATHANAMTHITTA. P8:- COPY OF THE RELIEVING MEMO ISSUED BY EXECUTIVE ENGINEER, PATHANAMTHITTA. P9:- COPY OF THE REPRESENTATION DTD. 21.2.09 SUBMITTED BY IST PETITIONER. TRUE COPY P.S. TO JUDGE tss ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.9501 OF 2009 (G) -------------------------------------------------- Dated this the 19th day of November, 2009 J U D G M E N T Petitioners 1, 2 and 5 to 9 are Meter Readers. Petitioners 3 and 4 are also Meter Readers now designated as Sub Engineer (Electrical)Trainee. All of them are claiming promotions to the post of Sub Engineer(Electrical). Going by the provisions of the settlement entered into between the Board and Trade Unions and the subsequent Board orders, Meter Readers having 5 years of actual experience are eligible for promotion to the post of Sub Engineer(Electrical). This position has also been accepted by this court in the judgment in WP(c).No. 562/09 and connected cases. Petitioners submit that they have completed 5 years service in the category of Meter Readers and therefore are eligible to be promoted as Sub Engineer(Electrical). It is their complaint that despite their eligibility and the availability of vacancies they were not promoted to the higher post. 2. In the counter affidavit filed by the respondent Board the contention in justification of the delay in promoting the petitioners is that the writ Petitions, such as WP(c).No.21302/08, WPC.No.9501 /09 :2 : are pending before this court challenging the seniority list of Meter Readers. By the judgment rendered today in WP(c).No. 21302/08, these writ petitions have been closed, without in any manner interfering with the seniority list published. 3. Even according to the Board, since the petitioners have completed 5 years service in the feeder category post of Meter Readers and as vacancies are also available in the higher post, the Board is directed to consider their claim for promotion and pass appropriate orders, as expeditiously as possible and at any rate within 2 months from the date of production of a copy of the judgment. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/