IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 15834 of 2009(Y) ----------------------------------------- PETITIONER(S): ------------------------ K.N.SIVADASAN, ASSISTANT ENGINEER (CIVIL), INVESTIGATION SUB DIVISION, K.S.E.B., MUNNAR. BY ADVS. DR.K.P.SATHEESAN, MR.K.K.GOPINATHAN NAIR, MR.M.R.JAYAPRASAD, MR.P.MOHANDAS (ERNAKULAM), MR.MATHEW SUNNY. RESPONDENT(S): --------------------------- 1. KERALA STATE ELECTRICITY BOARD, (K.S.E.B. IN SHORT), REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (H.R.M), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. R1 & R2 BY ADVS. MR. ASOK M.CHERIYAN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. --------------------------------------------- W.P.(C)No.15834 of 2009 --------------------------------------------- Dated 18th August, 2009 J U D G M E N T Heard Dr.K.P.Satheesan, the learned counsel appearing for the petitioner and Sri.Ashok M.Cheriyan, the learned standing counsel appearing for the Kerala State Electricity Board. 2. The petitioner entered service as Sub Engineer (Civil) in the Kerala State Electricity Board on 26.10.1994. Even at the time of entry in service he possessed a Degree in Engineering. Thereafter he was appointed as Assistant Engineer (Civil) by transfer in the quota reserved for in-service candidates. 3. As per the settlement arrived at between the Kerala State Electricity Board and its employees a ratio of 5:3:2 has been fixed among Degree holders, Diploma holders and Certificate holders for appointment to the post of Assistant Engineer. Degree holders in Engineering are recruited from two sources namely, from the open market and also from among employees of the Kerala State Electricity Board, in the ratio of WP(C).No.15834/2009 2 4:1. In other words, though Graduate Engineers are recruited to the category of Assistant Engineer from two sources, they form a common category thereafter for the purpose of promotion to the category of Assistant Executive Engineer which is confined only to Degree holders and Diploma holders in the ratio of 3:1. 4. Way back in the year 1999, the Kerala State Electricity Board published Ext.P1 provisional gradation list of Assistant Engineers (Civil) belonging to three different groups namely Degree holders, Diploma holders and Certificate holders. After the provisional list was published, the petitioner submitted Exts.P2, P3 and P4 representations to finalise the provisional seniority list. When that was not done, he filed W.P.(C)No.13866 of 2009 in this Court. When the said writ petition came up for hearing on 1.6.2009, the learned standing counsel appearing for the Kerala State Electricity Board submitted that a final seniority list has been published on 26.11.2008. In that view of the matter, the petitioner was permitted to withdraw the writ petition leaving open his contentions and reserving liberty with him to challenge the final seniority list if he is aggrieved thereby in other appropriate proceedings. Ext.P6 is the final seniority list of WP(C).No.15834/2009 3 Degree holders appointed in the 10% quota earmarked for in- service candidates, thus published by the Kerala State Electricity Board. The petitioner contends that the Board ought to have published a final combined seniority list of all the four categories of Assistant Engineers (Civil) and separate seniority lists of Degree holders recruited from the two sources and a separate seniority list of Diploma holders for the purpose of effecting promotions to the next higher post of Assistant Executive Engineer (Civil). The petitioner also contends that in the case of Assistant Engineers (Electrical) the Board has adopted the said practice and that the failure of the Board to prepare a common seniority list of the two categories of Degree holders, namely those recruited from the open market and from among in-service candidates in the case of Assistant Engineer (Civil) is arbitrary and illegal. 5. The second respondent has filed a counter affidavit wherein it is stated that separate seniority lists are being maintained for all the four different categories namely the two streams of Degree holders, Diploma holders and Certificate holders and that promotion to the next higher post of Assistant Executive Engineer is made based on the seniority position in the WP(C).No.15834/2009 4 separate lists applying the ratio of 3:1 among Graduates and Diploma holders. In my opinion, the said stand of the Board cannot be countenanced. It is not in dispute that Graduate Assistant Engineers are entitled to be promoted to the category of Assistant Executive Engineer. Diploma holders among Assistant Engineers are also thus entitled to be promoted. The ratio between Graduate Engineers and Diploma holders is 3:1. 75% of the cadre strength of Assistant Engineers is reserved to be filled up by Graduates and the remaining 25% by Diploma holders. Graduate Assistant Engineers come from two sources namely from the open market recruited directly through the Kerala Public Service Commission and appointed by transfer from Board employees possessing a Degree in Engineering. The seniority list is relevant for the purpose of promotion to the post of Assistant Executive Engineer. Since both streams are Graduates though they come from two different sources, I am of the opinion that a common seniority list of the two streams of Graduate Engineers should be prepared applying the rules governing fixation of seniority. Otherwise, it would not enable the Board to integrate the two categories for the purpose of WP(C).No.15834/2009 5 promoting them to the next higher post of Assistant Executive Engineer. I accordingly dispose of this writ petition with the direction that though Ext.P6 seniority list is not questioned so far, the Board should take steps to prepare a common seniority list of the two different streams of Graduate Assistant Engineers namely those recruited in the 40% quota and in the 10% quota applying the rules governing fixation of seniority. This exercise shall be carried out and a combined seniority list of Graduate Assistant Engineers (Civil) in the service of the Board in the 40% quota and 10% quota shall be prepared expeditiously and in any event within three months from the date on which the petitioner produces a certified copy of this judgment before the Chief Engineer, Kerala State Electricity Board. P.N.RAVINDRAN Judge TKS