IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 WA.No. 575 of 2008() -------------------- AGAINST THE JUDGEMENT IN WPC.8237/2005 .................... APPELLANTS: RESPONDENTS ---------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM), K.S.E.BOARD, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB RESPONDENTS: PETITIONER ----------------------- M.PONNACHAN, SUPERINTENDENT, ACCOUNT CLOSING UNIT, VAZHATHOPE, IDUKKI DISTRICT. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.A.NO.575 OF 2008 -------------------------------------------------------------- Dated this the 17th day of March, 2008. JUDGMENT Balakrishnan Nair, J: The Kerala State Electricity Board and its Chief Engineer respectively are the appellants. The respondent is the writ petitioner. The brief facts of the case are the following: The writ petitioner joined the K.S.E. Board as Part Time Contingent Worker on 3.6.1983. He was absorbed as Electricity Worker/Mazdoor with effect from 22.10.1986 as per Ext.P6 order of the Chief Engineer (Ele.) (General & M.M. & C). By Ext.P7 order dated 7.5.1987, his probation was declared in the category of Mazdoor. Later, he was promoted as Junior Assistant/Cashier on 23.3.1991 and as Senior Assistant on 12.9.1991. His next promotion post is that of Senior Superintendent. By Ext.P1 order dated 30.7.2004, the 2nd appellant promoted 195 persons to the post of Senior Superintendent. The writ petitioner was included as Serial No.125 in that order. But, it was noted in Ext.P1 that his promotion is withheld. The writ petitioner filed Ext.P2 representation W.A.No.575/08 . 2 against the said decision. By Ext.P3 order dated 17.12.2004, the 2nd appellant promoted another 92 persons, junior to the petitioner, as Senior Superintendent. At this point of time, the writ petition was filed seeking a direction to the 2nd respondent to promote the writ petitioner with retrospective effect from the date of Ext.P1. In the counter affidavit filed by the Board, it is submitted that, as per the existing rules, the Part Time Contingent employees appointed up to 31.10.1981 alone could have been regularised. The petitioner, who was appointed in 1983, happened to be regularised irregularly in 1986. In view of the said irregularity, the petitioner's promotion has been withheld. The learned Single Judge, who heard the writ petition, overruled the said stand of the Board and directed to promote the petitioner as Senior Superintendent. The aggrieved appellants have preferred this writ appeal. 2. We notice that the petitioner was regularised as Mazdoor by the competent officer of the Board, who is the 2nd appellant, herein. He is the appointing authority of Mazdoor as per the Rules. Even assuming that there is some irregularity, we think, it is not proper to rely on the said irregularity to deny promotion to him. It is not disputed that he is duly qualified and he has cleared all the W.A.No.575/08 . 3 departmental tests and therefore promotions were granted to him from time to time. Therefore, at this distance of time, it is not just or proper to deny promotion to the petitioner on the ground of the alleged irregularity committed in 1986. We agree with the reasons and conclusions of the learned Single Judge in that regard. Accordingly, the writ appeal is dismissed. K. BALAKRISHNAN NAIR, JUDGE P.N. RAVINDRAN, JUDGE. cl