IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 23RD MAY 2011 / 2ND JYAIHTA 1933 WA.No. 437 of 2011() -------------------- AGAINST THE ORDER IN IA.3632/11 IN WPC.2195/2011 Dated 11/03/2011 .................... APPELLANT(S): PETITIONERS/PETITIONERS ------------------------------------- 1. SURESH S., ASSISTANT ENGINEER, 66 KV SUB STATION, KIZHAKKAMBALAM, ERNAKULAM DISTRICT. 2. JAYACHANDRAN P., ASSISTANT ENGINEER, KATTOR, THRISSUR. 3. ANZ A., ASSISTANT ENGINEER, GENERATION CIRCLE, MOOLAMATTOM. 4. AMBILI A.P., ASSISTANT ENGINEER, TRANSMISSION CIRCLE, KOZHIKODE. 5. SALIL P.C., ASSISTANT ENGINEER, 110 KV SUB STATION, OLLUR, THRISSUR. 6. BIJU JOSE, ASSISTANT ENGINEER, COLONY MAINTENANCE SECTION, KALAMASSERY, ERNAKULAM. 7. HARI KUMAR G., ASSISTANT ENGINEER, 200 KV SWITCHING STATION, NEW PALLOM, KOTTAYAM. 8. NANDAKUMAR P.P., ASSISTANT ENGINEER, ELECTRICAL SECTION, UPPALA, KASARAGOD. BY ADV. SRI.S.RAMESH BABU RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY STANDING COUNSEL SRI.ASOK M.CHERIYAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & Antony Dominic, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 437 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of May, 2011 JUDGMENT Antony Dominic, J. The petitioners in W.P.(C) No.2195 of 2011 have filed this writ appeal aggrieved by an interim order of the learned Single Judge dated 11.03.2011 declining stay of Ext.P5 but clarifying that any proceedings pursuant to Ext.P5 shall be subject to the result of the writ petition. 2. The challenge in the writ petition is against the non-inclusion of the petitioners in Ext.P5 list and as to whether a pass in the Departmental Test is an essential qualification for promotion from the post of Assistant Engineer to the post of Assistant Executive Engineer under the Kerala State Electricity Board. 3. In our view also until the said question is determined, it may not be proper to pass orders withholding the promotions as sought for by the appellants. Therefore, we uphold the order of the learned Single Judge. WA No. 437 of 2011 -:2:- We see no merit in the writ appeal and the appeal is dismissed. J.Chelameswar, Chief Justice. Antony Dominic, Judge. ttb