IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 15499 of 2009(F) -------------------------- PETITIONERS: --------------- 1. G.RAJEEVKUMAR, OVERSEER (ELECTRICAL), K.S.E.BOARD ELECTRICAL SECTION, KOONAMMOCHI, KUNNAMKULAM, THRISSUR. 2. T.K.DASAN, OVERSEER (ELECTRICAL), K.S.E.BOARD ELECTRICAL SECTION, KALAMASSERY, ERNAKULAM DISTRICT. 3. C.S.RAJIVE, OVERSEER (ELECTRICAL), K.S.E.BOARD ELECTRICAL SECTION, KALAMASSERY, ERNAKULAM DISTRICT. 4. T.A.JOSEPH, OVERSEER (ELECTRICAL), 220 KV SUB STATION, K.S.E.BOARD, KALAMASSERY, ERNAKULAM DISTRICT. BY ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE SRI.ANIL K.NAIR SRI.B.UNNIKRISHNA KAIMAL SRI.V.MADHUSUDHANAN RESPONDENT: --------------- THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.K.S.ANIL, SC, KSEB FOR R1 SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 15499 of 2009 -------------------------- Dated this the 29th September,2009 J U D G M E N T Petitioners are working as Overseer (Electrical). They are aggrieved by the fact that the post of Overseer (Electrical) has ceased to be the feeder category for promotion to the post of Sub Engineer (Electrical). This situation came about by the Long Term Settlement in the year 2000. According to them, then, arrangement was only interim and even then, it was understood that there will be a review of the rules governing promotion to various posts including that of Sub Engineer (Electrical). That has not been done so far and Meter Readers have been substituted in the place of Overseer (Electrical). The post of Meter Reader is treated as the feeder category for promotion to the post of Sub Engineer (Electrical) against 60% quota available for promotion. 2. A counter affidavit has been filed on behalf of the 1st respondent, wherein, referring to the Long Term Settlement of the year 2000, it is also mentioned that as per the Long Term Settlement itself, it was decided to W.P ( C) No. 15499 of 2009 2 frame specific rules and regulation for appointment/promotion/quota promotions after discussing the matter with the recognised Trade Unions, subject to sanction from the Government. In the meanwhile, in compliance of the judgment in W.P (C) No.10429 /2008, the Member (Distribution) has been authorised to hold discussions with the recognised Trade Unions for regulating the chances of promotion of Overseer and the same would be finalised within the framework of the reform and system improvement now being intended to be undertaken in the Board. It does not mean that the feeder category for promotion to the post of Sub Engineer (Electrical) will be changed from Meter Readers with that of Overseer as sought for by the petitioners. Appointment/promotion to the cadre of Sub Engineer (Electrical) is now governed by the Board Order dated 03.01.1981 and incorporated as part of the Long Term Settlement, between the recognised Trade Unions and Management and revised from time to time. W.P ( C) No. 15499 of 2009 3 4. In the circumstances, I do not find my way to issue a direction as such to the Board to change the feeder category for the post of Sub Engineer (Electrical) by substituting the post of Meter Reader, with that Overseer (Electrical). The matter lies within the domain of negotiations between the Unions and the Management. 5. In these circumstances, it is open to the petitioners to pursue their request for either substituting the post of Meter Reader with that of Overseer (Electrical) or at least see that a percentage from among the total number of posts to be filled up by promotion is made available to Overseer (Electrical). Subject to the above, writ petition is disposed of. (V.GIRI,JUDGE) ma W.P ( C) No. 15499 of 2009 4 W.P ( C) No. 15499 of 2009 5