IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 20TH FEBRUARY 2007 / 1ST PHALGUNA 1928 WP(C).No. 38756 of 2003(L) -------------------------------------- PETITIONER: ------------------- P.P. GANGADHARAN, SENIOR SUPERINTENDENT (RETIRED), ELECTRICAL MAJOR SECTION, K.S.E.B., VADAKARA SOUTH, RESIDING AT 'GANGA', P.O. NADAPURAM, KOZHIKODE-673 504. BY ADV. SRI.P.M.PAREETH. RESPONDENTS: ------------------------ 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 3. DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, KOZHIKODE. 4. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, VADAKARA. 5. CHIEF INTERNAL AUDITOR, KERALA STATE ELECTRICITY BOARD, VIDYUTHI BHAVANM, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.C.K. KARUNAKARAN,S.C, KSEB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/02/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH , J. ................................................................................... W.P.(C) No. 38756 OF 2003 ................................................................................... Dated this the 20th February, 2007 J U D G M E N T Writ Petition is filed with the following prayers: “i) Issue a writ of mandamus or other appropriate writ, direction or order commanding the third respondent to grant second higher grade to the petitioner on completion of 18 years service in the post of Senior Assistant as on 29.08.1992 and third higher grade as on 29.08.1999 on completion of 25 years of service in that post. ii) Issue a declaration to the effect that the petitioner is entitled to get second and third higher grades on completion of 18 and 25 years service in the post of Senior Assistant on the basis of Exhibit P3 and in view of re-assignment of date of promotion to the post of Senior Assistant retrospectively. Iii) Issue a direction to the respondents to disburse arrears of pay consequent on the grant of second and third higher grades to the petitioner as on 29.08.1992 and 29.08.1999.” 2. One of the contentions raised in the Original Petition is that he is not given a similar treatment as given to the employee covered by W.P.(C) No. 38756 OF 2003 2 Ext.P6 though he is similarly situated. The petitioner has filed Ext. P8 representation before the second respondent. 3. Considering the facts and circumstances of the case, there will be a direction to the second respondent to look into Ext.P4 representation with notice to the petitioner and take appropriate action, in accordance with law, within a period of three months from the date of production of a copy of this judgment, without discriminating the petitioner, in case he is similarly situated as that of the employee covered by Ext. P6. Writ Petition is disposed of as above. KURIAN JOSEPH, JUDGE. lk KURIAN JOSEPH, J. ........................................................ W.P.(C) No. 38756 OF 2003 ......................................................... Dated this the 20th February, 2007 J U D G M E N T