IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WA.No. 1513 of 2006(B) ---------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.35445/2004 Dated 29/06/2006 .................... APPELLANTS/PETITIONERS: ---------------------- 1. R.RAMESH, ASSISTANT EXECUTIVE ENGINEER (CIVIL), ENVIRONMENTAL MANAGEMENT CELL, OFFICE OF THE CHIEF ENGINEER (IPDS), KSEB, VYDYUTHI BHAVAN, PATTOM, TRIVANDRUM.NOW WORKING AT FOREST & ENVIRONMENTAL MGT. UNIT O/O. THE CHIEF CONSERVATOR OF FOREST,VYDYUTHI BHAVAN, TVM. 2. S.SHAWAB, ASSISTANT EXECUTIVE ENGINEER (CIVIL) OFFICE OF THE CHIEF ENGINEER (DS), TRIVANDRUM. 3. PRAVEENA P.,ASSISTANT EXECUTIVE ENGINEER (CIVIL), OFFICE OF THE CHIEF ENGINEER (TC & M), KSEB,VYDYUTHI BHAVAN, PATTOM, TRIVANDRUM. 4. AJITHA C.J., ASSISTANT EXECUTIVE ENGINEER (CIVIL), OFFICE OF THE CHIEF ENGINEER (IPDS), KSEB, VYDYUTHI BHAVAN, PATTOM, TRIVANDRUM. 5. SHINY JOSEPH, ASSISTANT EXECUTIVE ENGINEER (CIVIL) OFFICE OF THE CHIEF ENGINEER (IPDS), KSEB, VYDHYTHI BHAVAN, PATTOM, TRIVANDRUM. 6. SUMA P.R.,ASSISTANT EXECUTIVE ENGINEER (CIVIL), OFFICE OF THE CHIEF ENGINEER (IPDS), KSEB, VYDYUTHI BHAVAN, PATTOM, TRIVANDRUM. 7. S.R.PADMAJA, ASSISTANT EXECUTIVE ENGINEER (CIVIL), OFFICE OF THE CHIEF ENGINEER (IPDS), KSEB, VYDYUTHI BHAVAN, PATTOM, TRIVANDRUM. W.A.1513/06 8. ZAIRA BEGUM T.S., ASST.EXECUTIVE ENGINEER (CIVIL), INVESTIGATION CIRCLE, TRICHUR, NOW WORKING AT B & S DIVISION, KSEB, ANGAMALY. 9. K.S.DEEPU, ASSISTANT EXECUTIVE ENGINEER (CIVIL), C/O.CE(IPDS) VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 10. D.S.SURESH KUMAR, AST. EXECUTIVE ENGINEER (CIVIL), OFFICE OF THE MEMBER (GENERATION), VYDYUTHI BHAVAN, PATTOM, TRIVANDRUM NOW WORKING AT OFFICE OF THE CHIEF OF GENERATION, VYDYUTHI BHAVAN, PATTOM, TRIVANDRUM). BY ADV. SRI.T.M.MOHAMMED YOUSUFF(SR.) SMT.AYSHA YOUSEFF SMT.MOLLY JACOB RESPONDENTS/RESPONDENTS: ------------------------ 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY, VYDYUTHI BHAVAN, TRIVANDRUM. 2. THE CHIEF ENGINEER (HRM), KSEB, TRIVANDRUM. 3. THE CHIEF ENGINEER (CC), KSEB, TRIVANDRUM. 4. THE CHIEF ENGINEER (IPDS), KSEB, TRIVANDRUM. 5. P.N.VASU, ASSISTANT ENGINEER (CIVIL), ELECTRICAL CIRCLE, KSEB, THRISSUR. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.K.S.ANIL, SC, KSEB FOR R1 TO R4 SRI.N.N.SUGUNAPALAN(SR.)SC,KSEB FOR R1 TO R4 DR.K.P.SATHEESAN FOR R5 SRI.K.K.GOPINATHAN NAIR SRI.JOSE J. MATHEIKAL THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25/01/2008 ALONGWITH WA NOS.1595 OF 2006 & WPC NO.7252 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- W.A.NOS.1513 & 1595 OF 2006 & W.P.(C).7736 OF 2007 (U) ----------------------------------- Dated this the 25th day of January, 2008 J U D G M E N T KOSHY,J. All these appeals and writ petition relates to the promotion of Assistant Engineers to Assistant Executive Engineers in the Kerala State Electricity Board. As per the rules applicable, the degree holders and diploma holders are entitled to get promotion under the ratio 3:1. The learned Judge in the impugned judgment in the writ petition was of the opinion that the Electricity Board had no consistent case with regard to cadre strength to fix the promotion ratio. Therefore, the learned Judge directed the KSEB to fix the cadre strength after hearing objections from all the parties concerned within one month. The learned Judge also directed that promotion and reversion can be considered only after fixing the cadre strength. An interim order was passed in the writ appeal that W.A.NOS.1513 & 1595 OF 2006 & W.P.(C).7736 OF 2007 (U) 2 without reverting the appellants, if there are vacancies it will be open to the Board to promote the diploma holders as Assistant Executive Engineer. Now, WP(C).No.7736/2006 was filed by the diploma holders showing that cadre strength were fixed by Ext.P2 and the cadre strength is fixed as 164. Therefore, the petitioners contention is that without reverting any of the appellants, they can also be promoted on the basis of fixation of cadre strength. There is no dispute regarding the ratio applicable for the promotion. Now cadre strength is also fixed. In the above circumstances, promotions may be effected from both categories according to law and ratio fixed according to rules. With the above observations these appeals and writ petition are disposed of. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 1st January, 2008