IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 15690 of 2009(E) -------------------------------------- PETITIONER(S): --------------------- 1. K. DIVAKARAN, DIVISIONAL ACCOUNTANT, ELECTRICAL DIVISION, K.S.E.BOARD, PAYYANNUR. 2. V.P. ANIYAN, DIVISIONAL ACCOUNTANT, ELECTRICAL DIVISION, K.S.E.BOARD, THIRURANGADI, MALAPPURAM DIST. 3. V. GEETHA, DIVISIONAL ACCOUNTANT, BUILDINGS AND STORES DIVISION, K.S.E.BOARD, ANGAMALI. 4. S. SURESH KUMAR, DIVISIONAL ACCOUNTANT, CIVIL DIVISION, K.S.E.BOARD, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. BY ADV. MR.ELVIN PETER P.J. RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, POWER DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER (HRM), K.S.E.BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. R1 BY SR.GOVERNMENT PLEADER SMT.ANU SIVARAMAN. R2 & R3 BY ADV. MR.K.S.ANIL, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 15690 of 2009-E ------------------------------ Dated this the 8th day of June, 2009. J U D G M E N T Heard Sri.Elvin Peter P.J, the learned counsel appearing for the petitioners, Smt.Anu Sivaraman, the learned Government Pleader appearing for the first respondent and Sri.K.S.Anil, the learned standing counsel appearing for respondents 2 and 3. 2. The petitioners are presently working as Divisional Accountants Gr.II in the Kerala State Electricity Board. According to them as Divisional Accountants, they have no further avenues of promotion. They submit that they were promoted to the category of Divisional Accountant while they were holding the post of Senior Superintendent. It is also stated that a Senior Superintendent can be promoted to the post of Assistant Accounts Officer/Assistant Administrative Officer. The petitioners state that if they remain in service as Divisional Accountants, they will have to retire in the same post without being promoted. It is also stated that their juniors in the category of Senior Superintendents have been promoted to the post of Assistant Accounts Officer and to other higher posts. It is also stated that their promotion to the category of Divisional Accountant Gr.II is purely provisional and that they have not been confirmed in the said post. Claiming reversion to the post of Senior W.P(C) No. 15690 of 2009-E 2 Superintendent and promotion to the post of Assistant Accounts Officer/Assistant Administrative Officer, the petitioners have filed Exts.P12 to P15 representations before the Secretary of the Kerala State Electricity Board. In this writ petition the petitioners seek a writ in the nature of mandamus commanding the Kerala State Electricity Board to consider the request made by them in Exts.P12 to P15 representations and pass orders thereon within a time limit to be fixed by this Court. 3. The question whether having regard to the rules governing the service conditions of the petitioners, the request made by them in Exts.P12 to P15 can be granted is primarily a matter for the Kerala State Electricity Board to decide. Exts.P12 to P15 were submitted in February/March, 2009. The petitioners rely on the decisions of this Court in Balakrishnan Nair V. Ram Mohan Nair (1998(1) KLT 766) and in Saifuddin V. State of Kerala (2006(3) (KLT) 873) to contend that as they have not been confirmed in the post of Divisional Accountant they can claim reversion to the post of Senior Superintendent and promotion to the category of Assistant Accounts Officer/Assistant Administrative Officer. Since the Board is yet to take a decision in the matter I am of the opinion that it would be premature for this Court to adjudicate on that issue at this stage. I accordingly dispose of this writ petition with a direction to the Kerala State Electricity Board to consider the request W.P(C) No. 15690 of 2009-E 3 made by the petitioners in Exts.P12 to P15 representations and take a decision thereon within four months from today. In order to enable the Board to act as directed above, the Chief Engineer (HRM) shall forward the original of Ext.P14 to the Secretary, Kerala State Electricity Board. The Board shall before passing orders as directed above, afford the petitioners or their authorised representative, a reasonable opportunity of being heard. It will be open to the Board to hear any other person or persons who would be affected if the request made by the petitioners is granted. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab W.P(C) No. 15690 of 2009-E 4