IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 13785 of 2008(N) -------------------------- PETITIONER: PETITIONER ---------------------- P.SULAIMAN,AGED 38 YEARS, S/O.LATE ABDULLA,PULIYANCHERI HOUSE, KARUVAMBRUM WEST P.O.,CHADIKKALLU-676 123, NOW RESIDING AT KSEB 66 KV SUBSTATION, QUARTERS NO.R-1,MANJERI,KARUVAMBRUM P.O. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENTS: RESPONDENTS ------------------------ 1. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI BHAVANAM,PATTOM, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, TRANSMISSION DIVISION,MALAPPURAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, SUBSTATION SUB DIVISION,MALAPPURAM. 4. SHAJI.P.K.,OVERSEAR, KERALA STATE ELECTRICITY BOARD, 66 KV SUBSTATION, KARUVAMBRAM P.O., MANJERI. 5. A.K.RAJESH,OVERSEAR, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION,MAJERI. BY ADV. SRI.SHAJI THANKAPPAN FOR R.4 SRI.JOBI.A.THAMPI FOR R.4 SRI.U.R.HARSHAKUMAR FOR R.4 SRI.K.S.ANIL, SC, KSEB FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- WP(C).NO. 13785 of 2008 --------------------------------- Dated this the 6th day of June, 2008 JUDGMENT The petitioner who is a Lineman Grade I and posted at Manjeri North Section was allotted quarters at Manjeri attached to the Manjeri Sub Station. Apparently when he was allotted quarters he was told that he will have to vacate it as and when he is required to do so. The 4th respondent is an Overseer in the Sub Station itself and who comes under the category of Operating staff applied for quarters. As per the Board order containing Rules regarding allocation of quarters, priority in the matter of allocation of quarters in non project area is as follows:- i) Operating staff ii)Essential maintenance staff, including breakdown staff, carrier staff, relay staff etc. iii) Other categories of staff. 2. Apparently, the 4th respondent comes under category No.2(1)(i) viz. Operating staff engaged in the operation of the sub station. This is evident from Ext. R3(a) Board order. The WPC.13785 /2008 2 petitioner will come under category No.2(1)(iii). The petitioner had approached this court on an earlier occasion aggrieved by the order by which he was asked to vacate the the quarters. This court had directed the competent authority to consider his objection and pass an order as per Ext.P3 judgment. Ext.P4 order was passed rejecting his objection but without hearing the petitioner and therefore under Ext.P5 judgment the competent authority was directed to pass a fresh order after hearing the petitioner. This has been done under Ext.P6 and the same has been challenged in this writ petition. 3. I heard learned counsel for the petitioner and the learned Standing Counsel for KSEB. It is clear from Ext.P6 order read with Ext.R6(a) that as per the Rules relating to allotment of quarters, priority is to be given to the operating staff. The 4th respondent falls under the said category. The petitioner is not working in the sub station at Manjeri. He is in the Electrical Section, Manjeri North. The view taken in Ext.P6 has been confirmed in Ext.R3(d). I do not find any reason to interfere with Ext.P6. In the result, the writ petition is dismissed. In the facts WPC.13785 /2008 3 and circumstances of the case, the petitioner will be given one month's time from today to vacate the quarters which he is currently occupying, provided he submits a letter before the concerned Executive Engineer containing his undertaking to handover vacant possession of the quarters in question at the expiry of the one month period. The letter shall be given within two weeks from today. V. GIRI, JUDGE. pmn/ WPC.13785 /2008 4