IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.S.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 4TH SEPTEMBER 2007 / 13TH BHADRA 1929 WA.No. 34 of 2005() ------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.30356/2004 Dated 15/10/2004 .................... APPELLANT: ----------- 1. N. BALACHANSDRAN UNNITHAN, S/O. NARAYANAN UNNITHAN, KINARUVILAVEEDU, KOTTAKKAKOM, PERINADU P.O., KOLLAM, (NOW WORKING AS OVERSEERS IN THE KSEB, KOLLAM). 2. IBRAHIM KUTTY, S/O. ABDUL RAHIMAN, NEDUVILAVEEDU, KARIKODU, T.K.M. COLLEGE P.O., KOLLAM, (NOW WORKING AS OVERSEERS IN THE KSEB, KOLLAM). 3. YUNUS KUNJU, S/O. MYTHEEN KUNJU, AMEER COTTAGE, ARINALLOOR P.O., THEVALAKKARA, KOLLAM DISTRICT (NOW WORKING AS OVERSEERS IN THE KSEB, KOLLAM.) 4. T. VIDYADHARAN, S/O. THANKAPPAN, SRUTHI, MANAVYIL KULANGARA, THIRUMULLAVARAM P.O, KOLLAM-12, (NOW WORKING AS OVERSEERS INTHE KESB, KOLLAM.) 5. MOHANDAS, S/O. RAMADEVAN, VEETHUNIVAS, MUNDAKKAL, KOLLAM, (NOW WORKING AS OVERSEERS IN THE KSEB, KOLLAM.) BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENTS: ------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. SRI.N.N.SUGUNAPALAN, SC, KSEB THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.S. Radhakrishnan & A.K. Basheer, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No. of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Dated this the 4th day of September, 2007. J U D G M E N T Radhakrishnan,J: This appeal is preferred against the judgment in W.P(C). No.30356/2004. The writ petition was preferred seeking a declaration that petitioners are qualified and eligible to be promoted to the post of Sub Engineer (Electrical) in the service of the Kerala State Electricity Board. They also sought for issuance of a writ of certiorari to quash Ext.P5, in so far as it makes the petitioners ineligible to be promoted to the post of Sub Engineers on the basis of cut off date i.e. 23/1/1981. 2. Petitioners 1 to 5 are working as Overseers in the Kerala State Electricity Board. They sought for promotion to the post of Sub Engineer. Their request was rejected by Ext.P4 order dated 31/7/2004 noticing that they did not have the requisite qualification. The qualification for the post of Sub Engineer, as can be seen from Ext.P4, is SSLC and the technical qualification of ITC. Admittedly, petitioners are not holding SSLC and in such circumstances their claim was rejected. But that order was never challenged by the petitioners. On the contrary, they have in fact challenged fixation of cut off date stating that it granted relaxation from the basic academic qualification to those who entered service prior to 23/1/1981. We are of the view that that benefit could not be claimed by the petitioners. Further, the Note which was issued as WA.34/2005. 2 per Ext.P5 on 16/6/1992 was challenged only in 2004. The mere fact that a few persons who had entered service prior to 1981 were granted relaxation from the basic academic qualification could not be a ground for claiming relaxation to the petitioners, since they were not qualified persons. Their request was rightly declined by the learned single Judge. There is no merit in the Writ Appeal. It is therefore dismissed. K.S. Radhakrishnan Judge. A.K. Basheer Judge. an.