IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 11722 of 2009(I) -------------------------- PETITIONER(S): ------------------ 1. BENCY JOHN, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SUB DIVISION, MALLAPPALLY, PATHANAMTHITTA DISTRICT. 2. SATHEESH BABU, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD, 66KV SUB STATION, VANDIPERIYAR, IDUKKI DISTRICT. BY ADV. SRI.B.GOPAKUMAR SMT.CHINCY GOPAKUMAR RESPONDENT(S): ------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER (HRM), VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.K.S.ANIL, SC, KSEB FOR R1-2 SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.11722/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE ORDER IN BO NO.M.IV-1552/67 DT 13.7.67 EXT.P2: TRUE COPY OF THE LETTER NO.EB7/RIA/232/07 DT 28.12.07. EXT.P3: TRUE COPY OF THE LIST OF ASSISTANT ENGINEERS IN SUB STATIONS IN KSEB. EXT.P4: TRUE COPY OF THE REPRESENTATION NO.EBI/GI/08-09/2593 DT 21.3.09. EXT.P5: TRUE COPY OF THE REPRESENTATION DT 26.3.2009. EXT.P6: TRUE COPY OF THE PROCEEDINGS. EXT.P7: TRUE COPY OF THE WORK ORDER NO.136/08-09 DT 5.2.09 AND AGREEMENT. EXT.P8: TRUE COPY OF THE WORKORDER NO.140/08-09 DT 10.2.09 AND AGREEMENT. EXT.P9: TRUE COPY OF THE VACANCY LIST OF SUB ENGINEERS (ELE) IN DIPLOMA QUOTA CADRE OF ASST.ENGINEER (ELE). EXT.P10: TRUE COPY OF THE APPOINTMENT ORDER NO.EB1(a)/A.E. (ELE)/158/07 DT 5.11.2007. EXT.P11: TRUE EXTRACT OF APPOINTMENT CHART PUBLISHED BY KERALA PUBLIC SERVICE COMMISSION. EXT.P12: TRUE EXTRACTOF APPOINTMENT CHART PUBLISHED BY KERALA PUBLIC SERVICE COMMISSION. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 11722 OF 2009 (I) ===================== Dated this the 6th day of October, 2009 J U D G M E N T Petitioners are diploma holders presently working as Sub Engineers in the Kerala State Electricity Board. They are claiming promotion to the post of Assistant Engineer (Electrical). Admittedly, going by Ext.P2, and as confirmed by the respondents in the counter affidavit filed, the cadre strength of Assistant Engineers is 2112. As per the Recruitment Rules, 30% of the posts are to be filled up from among diploma holders working in the category of Sub Engineers. Therefore 634 posts are to be filled up from among the diploma holders to which category the petitioners belong. 2. In the writ petition, the specific case of the petitioners is that on 31/10/2007, only 561 posts were filled up by promoting the diploma holders and that even among the 561 atleast 150 persons have retired till the date of filing the writ petition and therefore the said vacancies were available to be filled up. It is stated that they claimed promotion by making representations, but promotions were not granted. WPC 11722/09 :2 : 3. By order dated 23/5/2009, this Court directed the respondents to promote the petitioners on a temporary basis based on their rank and seniority, if vacancies of Assistant Engineer (Electrical) earmarked to diploma quota were available. It is stated that accordingly, as per Ext.P9, 75 diploma holders were promoted. Producing Ext.P9, petitioners have filed IA No.10808/09 complaining that the order has not been fully complied with, in as much as according to the petitioners, from among those who were promoted from the diploma quota, in view of retirement and other reasons, only 370 persons were actually working and therefore the entire vacancies in the diploma quota should be filled up if the order dated 23/5/2009 were to be complied with fully. 4. Respondents have filed a counter affidavit. In the counter affidavit, the stand taken by the respondents is that the claims made by the petitioners regarding the existence of vacancies as averred in para 5 of the writ petition and para 4 and 5 of the affidavit in IA No.10808/09 are factually incorrect. Respondents would contend that with the promotion that was effected from the diploma quota as per Ext.P9, as against the 634 WPC 11722/09 :3 : posts available to Diploma holders, 633 persons were working. Therefore, they would submit that the order has been complied with. 5. Although the counsel for the petitioners made reference to Ext.P11 and contended that in the 40% direct recruitment quota, posts were filled up as per Ext.P11 and that if the same standard is adopted, more vacancies are available to diploma holders. Thus the submissions made by the counsel for the petitioners is that the exact number of vacancies available is as contended in the writ petition, although this factual assertion is contradicted by the standing counsel appearing for the respondents. 6. Essentially what emerges for resolution is the exact number of vacancies in the category of Assistant Engineer (Electrical) that are available to be filled up from among the diploma holders working as Sub Engineers. This certainly is a factual issue which will have to be decided with reference to the Recruitment Rules and the actual number of promotions made and the number of persons who are now occupying the post of Assistant Engineer (Electrical). WPC 11722/09 :4 : 7. In my view, it will be more appropriate that the 2nd respondent should examine the aforesaid claim of the petitioners with reference to the materials available and take a decision in the matter. The writ petition is therefore disposed of directing the 2nd respondent to consider the claim of the petitioners regarding the availability of more number of vacancies in the category of Assistant Engineer (Electrical) to be filled up from among the diploma holders working as Sub Engineers in the Board. It is directed that the above process shall be completed as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment and it is further directed that if vacancies are found to be available, the same shall be filled up by promoting eligible diploma holders working as Sub Engineers. ANTONY DOMINIC, JUDGE Rp