IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 4834 of 2005(A) ------------------------------------- PETITIONERS: --------------------- 1. K.VIJAYAN CHETTIAR, LINEMAN GRADE-I, K.S.E.BOARD, ELECTRICAL SECTION, KARUVATTA, ALAPPUZHA DIST. 2. D.MURALEEDHARAN, -DO- -DO- ELECTRICAL SECTION, MUHAMMA, ALAPPUZHA DIST. 3. M.P.SOMASUNDARAM, -DO- -DO- ELECTRICAL SECTION, S.L. PURAM, ALAPPUZHA DIST. 4. SABU MATHEW, -DO- -DO-, ELECTRICAL SECTION, EDATHUA, ALAPPUZHA DIST. 5. G.ANILKUMAR, -DO- -DO- ELECTRICAL SECTION, NOORANAD, ALAPPUZHA DIST. 6. V.P.MOHANAN, -DO- -DO- ELECTRICAL SECTION, KATTANAM, ALAPPUZHA DIST. 7. K.P.NANDAKUMAR, -DO- -DO- ELECTRICAL SUB STATION, PATHIRAPPALLY, ALAPPUZHA DIST. BY MR. K.R.B.KAIMAL, SENIOR ADVOCATE, ADV.MR.B.UNNIKRISHNA KAIMAL. RESPONDENTS: ------------------------ 1. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. SAJEEVAN P.K., METER READER, K.S.E.B. ELECTRICAL CIRCLE, PERUMBAVOOR. W.P.(C). NO.4834/2005-A: 3. C.SUNDARAN, METER READER, K.S.E.B. ELECTRICAL CIRCLE, KOZHIKODE. R1 BY MR.C.K.KARUNAKARAN, SC ,KSEB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009, ALONG WITH W.P.(C). NO. 6300/2005, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.4834/2005-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CIRCULAR NO. EB4/110/2004 DTD. 16/09/2004 ISSUED BY THE R.1. EXT.P.2: COPY OF THE APPLICATION DTD. 12/10/2004 SUBMITTED BY THE P.1. TO THE R.1. EXT.P.3: COPY OF THE APPLICATION DTD. 12/10/2004 SUBMITTED BY THE P.2. TO THE R.1. EXT.P.4: COPY OF THE APPLICATION DTD. 12/10/2004 SUBMITTED BY THE P3 TO THE R.1. EXT.P.5: COPY OF THE APPLICATION DTD. 12/10/2004 SUBMITTED BY THE P.4. TO THE R.1. EXT.P.6: COPY OF THE APPLICATION DTD. 12/10/2004 SUBMITTED BY THE P.5. TO THE R.1. EXT.P.7: COPY OF THE APPLICATION DTD. 12/10/2004 SUBMITTED BY THE P.6 TO THE R.1. EXT.P.8: COPY OF THE APPLICATION DTD. 12/10/2004 SUBMITTED BY THE P.7 TO THE R.1. EXT.P.9: COPY OF THE ORDER NO. EB4/110/2004 DTD. 15/01/2005 ISSUED BY THE R.1. EXT.P.10: COPY OF THE ORDER NO. EB2/SE (ELE)/TRAINEES/08-09 DTD. 03/02/2009 ISSUED BY THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) Nos. 4834 and 6300 of 2005 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 2nd day of June, 2009 JUDGMENT Heard the learned counsel appearing for the petitioners and the learned standing counsel appearing for the respondents. 2. The petitioners are employees of the Kerala State Electricity Board. They have filed this writ petition, aggrieved by the stand taken by the Board that promotion to the category of Meter Readers will be made only from among employees in the feeder categories who were qualified as on 7-2-2003. I have by judgment delivered on 10-2-2009 in W.P.(C) No. 10602 of 2006 held that employees in the feeder categories cannot be denied promotion merely for the reason that they were not qualified as on 7- 2-2003. It was held that as no cut off date had been fixed by the Board in the circular issued by it inviting applications, all employees in the feeder categories who were qualified on the date on which the circular was issued are entitled to be promoted, based on their seniority, to the 25% quota earmarked for in-service candidates holding posts carrying a scale of pay below the scale of pay of Meter Reader. The issue raised in this writ petition is covered in favour of the WPC 4834/2005 & Con. case 2 petitioners by the decision of this Court in W.P.(C) No. 10602 of 2006. The writ petitions are accordingly allowed and the respondents are directed to promote the petitioners to the category of Meter Reader with effect from the date on which their immediate juniors were promoted as per orders dated 15-1-2005 and 22-3-2005. This shall be done within three months from the date of which the petitioners produce a certified copy of this judgment. The petitioners will also be entitled to all consequential benefits, including seniority and emoluments. P.N.RAVINDRAN, JUDGE. mn.