IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 17937 of 2009(J) ------------------------------------ PETITIONER(S): ------------------------- 1. P.KUMARAN, EXE. ENGINEER, TRANSMISSION DIVISION, K.S.E.BOARD, IRINJALAKUDA, THRISSUR. 2. KESAVADAS V., EXE. ENGINEER, ELECTRICAL DIVISION, K.S.E.BOARD, WADAKKANCHERRY, THRISSUR. 3. P.V.PRADEEP, EXE. ENGINEER, TRANSMISSION DIVISION, K.S.E.BOARD, THRISSUR. 4. AUGUSTINE THOMAS, EXE. ENGINEER, ELECTRICAL DIVISION, K.S.E.BOARD, PAYYANNUR, KANNUR. BY ADV. MR.ELVIN PETER P.J. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, POWER DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 4. THE CHIEF ENGINEER(HRM), K.S.E.BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. W.P.(C) NO.17937/2009 5. JAMAL A.M., EXE. ENGINEER, OFFICE OF THE SYSTEM OPERATION, L.D.DESPATCH CENTRE, K.S.E.BOARD, KALAMASSERY. 6. VARGHESE P.P., EXE. ENGINEER, GENERAL DIVISION, K.S.E.BOARD, EDAMALAYAR. 7. P.M.THOMAS, EXE. ENGINEER, COMMUNICATION DIVISION, KANJIRODE, KANNUR. 8. V.BRIJULAL, EXE. ENGINEER, ELECTRICAL CIRCLE, K.S.E.BOARD, THODUPUZHA. 9. R.SUKU, EXE. ENGINEER, NOW ON DEPUTATION AS MANAGING DIRECTOR, UNILECK, PALLIMUKKU, KOLLAM. R1 BY GOVT. PLEADER MR.ANTONY MUKKATH R2 TO R4 BY K.S.ANIL, SC R5 & R6 BY ADV. MR. E.S.M.KABEER R6 BY MR.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, MR.PETER JOSE CHRISTO, MR.K.V.VIMAL. R7 – R8 BY ADV MR.KALEESWARAM RAJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP.(C) NO.17937/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DTD. 20.2.04 ISSUED BY THE KSE BOARD. P2:- COPY OF THE ORDER DTD. 19.1.05 ISSUED BY THE KSE BOARD. P3:- COPY OF THE ORDER DTD. 8.4.05 ISSUED BY THE KSE BOARD. P4:- COPY OF THE ORDER DTD. 6.8.08 ISSUED BY THE KSE BOARD. P5:- COPY OF THE LIST OF EXECUTIVE ENGINEERS PREPARED BY THE 4TH RESPONDENT ON 7.11.08. P6:- COPY OF THE ORDER DTD. 27.11.04 ISSUED BY THE KSE BOARD. P7:- COPY OF THE RELEVANT EXTRACT OF THE SENIORITY LSIT OF ASST. EXE. ENGINEERS PUBLISHED AS PER EXT.P6. P7:- COPY OF THE NOTICE DTD. 11.6.09 ISSUED BY THE KSE BOARD. P8:- COPY OF THE OBJECTION DTD. 7.3.05 SUBMITTED BY THE 4TH PETITIONER. RESPONDENT'S EXHIBITS R5(a):- COPY OF THE RELEVANT EXTRACT OF THE ORDER NO.ENDT. ON EB1/001/96 DTD. 24.12.96 OF THE CHIEF ENGINEER (ELECTRICITY- GENERAL). R5(b):- COPY OF THE RELEVANT EXTRACT OF THE ORDER NO.ENDT. ON EB1/001/98 DTD. 27.3.98 OF THE CHIEF ENGINEER (ELE) GENERAL. R5(c):- COPY OF THE RELEVANT EXTRACT OF THE ORDER NO.EB/GR.3/AEE (ELE) /99 DTD. 1.8.02 OF THE CHIEF ENGINEER (HRM). R5(d):- COPY OF THE RELEVANT EXTRACT OF THE ORDER NO.EB/GR.3/CADRE STRENGTH/03 DTD. 4.5.04 OF THE CHIEF ENGINEER (HRM) AND THE APPENDED PROVISIONAL SENIORITY LIST. R5(e):- COPY OF THE ORDER NO.EB/GR/3/CADRE STRENGTH/03 DTD. 27.11.04 OF THE CHIEF ENGINEER (HRM). R5(f):- COPY OF THE RELEVANT EXTRACT OF THE APPENDED SENIORITY LIST OF ASSISTANT EXECUTIVE ENGINEERS DTD. 27.11.04. R5(g):- COPY OF THE REPRESENTATION SUBMITTED BY THE 5TH RESPONDENT DTD. 18.12.04. R5(h):- COPY OF THE FORWARDING LETTER NO.E81/3/2004-05/1127 DTD. 22.12.04 OF THE EXECUTIVE ENGINEER (OFFICE), GENERATION CIRCLE, KSE.BOARD, MOOLAMATTOM OF EXT.R5 (g). W.P.(C) NO.17937/2009 R5(i):- COPY OF THE POSTAL ACKNOWLEDGEMENT CARD. R5(j):- COPY OF THE MEMO NO.EB/GR.3/AEE DTD. 26.2.05 OF THE CHIEF ENGINEER (HRM). R5(k):- COPY OF THE OBJECTION SUBMITTED BY THE 5TH RESPONDENT DTD. 22.6.09. R6(a):- COPY OF THE RELEVANT EXTRACT OF ENDT. ON EB1/001/96 OF THE CHIEF ENGINEER (ELECTRICITY GENERAL). R6(b):- COPY OF THE RELEVANT EXTRACT END. ON EB1/001/98 DTD. 27.3.98 OF THE chief ENGINEER (ELE) GENERAL. R6(c):- COPY OF THE ORDER NO.EB/GR/3/AEE(ELE)./99 DTD. 1.8.02 OF THE CHIEF ENGINEER (HRM) R6(d):- COPY OF THE ENDT. ON EB/GR.3/AEE(ELE.) /03 DTD. 27.12.03 OF THE CHIEF ENGINEER (HRM). R6(e):- COPY OF THE ORDER NO.EB/GR.3CADRE STRENGTH/03 DTD. 4.5.04 OF THE CHIEF ENGINEER (HRM) WITH THE RELEVANT EXTRACT OF THE APPENDED PROVISIONAL SENIORITY LIST. R6(f):- COPY OF THE ORDER NO.EB/GR.3/CADRE STRENGTH/03 DTD. 27.11.04 OF THE CHIEF ENGINEER (HRM). R6(g):- COPY OF THE APPENDED SENIORITY LIST OF ASST. EXECUTIVE ENGINEERS. R6(h):- COPY OF THE REPRESENTATION DTD. 16.12.04. R6(i):- COPY OF THE LETTER NO.EB/2004-05/TSDSRR/268 DTD. 17.12.04 THE ASSISTANT ENGINEER 1/C. TRANSMISSION SUB DIVISION, KSE BOARD, SHORANUR 2. R6(j):- COPY OF THE POSTAL ACKNOWLEDGEMENT CARD. R6(k):- COPY OF THE MEMO NO.EB/GR.3/AEE DTD. 26.2.05 OF THE CHIEF ENGINEER (HRM). R6(l):- COPY OF THE OBJECTION DTD. 23.6.09. TRUE COPY P.A. TO JUDGE tss W.P.(C) NO17937/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.17937 of 2009-J ------------------------------ Dated this the 25th day of August, 2009. J U D G M E N T Heard Sri.Elvin Peter, the learned counsel appearing for the petitioner, Sri.Antony Mukkath, the learned Government Pleader appearing for the first respondent, Sri.K.S.Anil, the learned standing counsel appearing for respondents 1 to 4, Sri.E.S.M.Kabeer, the learned counsel appearing for the fifth respondent, Sri.S.P.Aravindakshan Pillay, the learned counsel appearing for the sixth respondent and Sri.Kaleesawran Raj, the learned counsel appearing for respondents 7 and 8. The notice sent to the ninth respondent by speed post was returned with the endorsement that he is hospitalised. Though later this Court directed notice to be served on the ninth respondent by special messenger, steps in that regard have not been taken so far. However in view of the directions that I propose to issue, I am of the opinion that notice need not be issued to the ninth respondent. 2. The petitioner and the party respondents are presently working as Executive Engineers in the Kerala State Electricity Board. This writ petition is filed aggrieved by Ext.P7 notice dated 11.6.2009 issued by the Chief Engineer, whereby, he proposes to re-assign the rank and seniority of the Assistant Engineers named therein. The petitioners contend that before Ext.P6(a) seniority list is approved by the Board and W.P(C) No.17937 of 2009-J 2 published, the proposal set out by the Chief Engineer in Ext.P7 cannot be carried out. They contend that the real rank and seniority of the petitioners and the party respondents can be ascertained only after Ext.P6(a) seniority list is approved and finalised and before the said exercise is carried out, it is premature for the Chief Engineer to seek to alter the seniority of Executive Engineers in the manner proposed in Ext.P7. In my opinion, though the party respondents vehemently oppose the challenge to Ext.P7, the petitioners are well founded in their submission that the exercise proposed in Ext.P7 should await the approval of final seniority list of Assistant Engineers by the Board. I accordingly dispose of this writ petition with the direction that the Chief Engineer shall keep all further proceedings pursuant to Ext.P7 in abeyance till the objections raised by the various parties to the rank and seniority assigned to them in Ext.P6(a) seniority list are considered and Ext.P6(a) seniority list is finalised and published with the approval of the Board. It will open to the Chief Engineer after the seniority list is thus finalised to issue fresh proceedings to give effect to the revised seniority list. The Chief Engineer shall before Ext.P6(a) seniority list is finalised consider the objections received from the various officers including the petitioners and the party respondents. Finalisation of Ext.P6(a) seniority list shall be done expeditiously and in any event within six months from today. The contentions of both sides on the merits are kept open. Sd/- ab P.N.RAVINDRAN, JUDGE