IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 24345 of 2004(W) ----------------------------------------- PETITIONER(S): ------------------------- 1. S.ABDUL KARIM, RETIRED ASSISTANT ENGINEER (CIVIL), K.S.E.BOARD, T.C.48/1169, S.M.LOCK, AMBALATHARA, THIRUVANANTHAPURAM. 2. N.SADASIVA PANICKER, RETIRED ASSISTANT ENGINEER (NC) (CIVIL), KSE.BOARD, SIVASADANAM, PADANTHALUMMOODU P.O. KUZHITHARA VIA, PIN 629 194, KANYAKUMARI DISTRICT. 3. S.LAKSHMANAN, RETIRED ASSISTANT ENGINEER, (NC)(CIVIL), KS.E.BOARD, SOUPARNIKA, KUNDUVILA, PARASUVAIKKAL, P.O. PARASSALA, THIRUVANANTHAPURAM DISTRICT. 4. K.PRABHAKARAN, RETIRERD ASSISTANT ENGINEER (CIVIL), K.S.E.BOARD, BIJU VIHAR, MULLUVILA, SISILIPURAM, VENGANOOR P.O. THIRUVANANTHAPURAM DISTRICT. 5. P.N.RAVEENDRA BABU, RETIRERD ASSISTANT EXECUTIVE ENGINEER (CIVIL), K.S.E.B. SOUPARNIKA,MANICHITHODU, PATTATHANAM, KOLLAM. 6. G.BALAKRISHNA PILLAI, RETIRED ASSISTANT ENGINEER (CIVIL), KS.E.B. RAVIMANDIRAM, ARUKALIKKAL EAST (EZHAMKULAM), NEDUMON P.O., PATHANAMTHITTA DIST. 7. M.K.SREEKANTAN, RETIRED SUB ENGINEER, K.S.E.B. SREE VIHAR, KALLUVILA, NALLOORVATTOM, PLAMOOTTUKADA P.O. THIRUVANANTHAPURAM DIST. Kss ..2/- ...2.... WPC.NO.24345/2004 W *ADDL.P8 IMPLEADED: P8: L.VASANTHI, W/O.LATE K.PRABHAKARAN, BIJU VIHAR, MULLUVILA, SISILIPURAM, VENGANOOR P.O., THIRUVANANTHAPURAM DISTRICT. (*ADDL.P8 IS IMPLEADED AS PER ORDER DTD. 18/09/2008 IN IA.NO.11265/2008) BY ADVS. SRI.ELVIN PETER P.J., SRI.S.RAMESH, SRI.P.N.SANTHOSH, SRI.NAVEEN.T. RESPONDENT(S): --------------------------- 1. THE KERALA STATE ELECTICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM,. REPRESENTED BY ITS SECRETARY. 2. THE CHAIRMAN, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.ASHOK M.CHERIYAN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.24345/2004 W APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER NO.EB.II.30755/76 DTD. 21/1/1977 ISSUED BY KSE BOARD. P2: COPY OF ORDER NO.N.E.B.II-4529/77 DTD. 10/01/1978 ISSUED BY KSE BOARD. P3: COPY OF COMMUNICATION NO.EB (C) 6/IV/FXN/78 DTD. 10/12/1979 ISSUED BY THE CHIEF ENGINEER (C). P4: COPY OF COUNTER AFFIDAVIT DTD. 11TH FEBRUARY, 1981 FILED IN O.P.NO.240/80. P5: COPY OF JUDGMENT DTD. 16TH FEBRUARY, 1981 IN O.P.NO.240/80 OF THIS HON.COURT. P6: COPY OF ORDER DTD. 11TH JUNE, 1982 IN CMP NO.11487/82 IN O.P.NO. 240/80 OF THIS HON.COURT. P7: COPY OF COMMUNICATION NO.LAV.4547/80 DTD. 1/07/1982 SENT BY THE SECRETARY TO THE CHIEF ENGINEER. P8: COPY OF ORDER NO.LAV 4547/80 DTD 7/2/1983 ISSUED BY THE KSE.BOARD. P9: COPY OF COMMUNICATION NO.33070/ELA2/83/H&P DTD.1/10/1983 SENT BY THE GOVT. TO THE SECRETARY, KSEB. P10: COPY OF COMMUNICATION NO.LAV.4547/80 DTD. 20/10/1983 SENT BY THE SECRETARY TO THE FA & CAO. P11: COPY OF LETTER NO.LAV.4547/80 DTD. 31/12/1983 FROM THE SECRETARY, TO THE FA & CAO. P12: COPY OF ORDER NO.EBC (4) 16/81-82 DTD. 21/1/1984 ISSUED BY THE CHIEF ENGINEER. P13: COPY OF JUDGMENT DTD./ 29TH AUGUST, 1986 IN O.P.NO.1455/84 ETC. OF THIS HON'BLE COURT. P14: COPY OF JUDGMENT DTD. 26TH OCTOBER, 1987 IN O.P.NO.8415/87 (CONTEMPT) OF THIS HON'BLE COURT. P15: COPY OF ORDER DTD. 11TH JANUARY, 1988 IN CMP.NO.47/88 IN O.P.NO.8415/87 (CONTEMPT) OF THIS HON.COURT. P16: COPY OF ORDER, B.O.NO.LA-V/4547/80 DTD. 9/11/1987 ISSUED BY THE BOARD. P17: COPY OF ORDER NO.LAC-V/4547/80 DTD. 15/01/1988 ISSUED BY THE SECRETARY TO THE FA & CAO. Kss ..2/- ..2.... WPC.NO.24345/2004 W P18: COYP OF ORDER NO.EBC.II/III/PAY FIXATION DTD. 10/02/1988 ISSUED BY THE CHIEF ENGINEER (CIVIL) GENL. P19: COPY OF JUDGMENT DTD. 28TH JUNE, 1988 IN O.P.NO.2994/83 (CONTEMPT) OF THIS HON'BLE COURT. P20: COPY OF JUDGMENT DTD. 3RD AUGUST, 1992 IN O.P.NO.6925/88 ETC. OF THIS HON'BLE COURT. P21: COPY OF JUDGMENT DTD. 24TH MAY, 1993 IN W.A.NO.1166/92 ETC. OF THIS HON'BLE COURT. P22: COPY OF JUDGMENTDTD. 21ST OCTOBER, 1999 IN W.A.NO.345/93 ETC. OF THIS HON.COURT. P23: COPY OF ORDER, B.O.NO.2455/2000/LA.I/11532/88 DTD. 3/10/2000 ISSUED BY THE KSE BOARD. P24: COPY OF ORDER, B.O.NO.3037/2000 (LA.I)/11532/88) DTD. 15/12/2000 ISSUED BY THE KSE BOARD. P25: COPY OF PAGES 1 & 34 OF THE SERVICE BOOK OF THE 2ND PETITIONER. P26: COPY OF REPRESENTATION DTD. 9TH AUGUST, 2002 FILE BY THE PETITIONERS BEFORE THE KSE BOARD. P27: COPY OF JUDGMENT DTD. 4TH SEPTEMBER, 2002 IN O.P.NO.21518/2002 OF THIS HON.COURT. P28: COPY OF JUDGMENT DTD. 20TH OCTOBER, 2003 IN O.P.NO.6236/2001 OF THIS HON'BLE COURT. P29: COPY OF ORDER B.O.(CM) NO.17/2004 (LAS.1/3364/2001) DTD. 3/1/2004 ISSUED BY THE KSE BOARD. P30: COPY OF ORDER NO.LAS.1/11982/2002 (OP 21516/02) DTD. 1/04/2003 ISSUED BY THE KSE BOARD. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.24345 OF 2004 ------------------------------- Dated this the 12th day of October, 2010 J U D G M E N T The petitioners were employees of the Kerala State Electricity Board. They filed O.P.No.21516/2002 seeking benefits similar to that given to another employee and got a judgment directing the Board to consider and pass orders on a representation filed by the petitioners in that regard. The question involved in this writ petition relates to junior-senior fixation on pay revision. By Ext.P30, the Board rejected their claim on the ground that they have raised the claim belatedly. The petitioner is challenging Ext.P30 order. 2. I have heard the learned Counsel for the Electricity Board also. Ext.P14 is the judgment, the benefit of which the petitioners seek. That judgment is dated 26.10.1987. That original petition was in O.P.No.8415/87 (contempt) complaining that the judgment in O.P.Nos.1455/84 and 2799/84 have not been complied with. From the said facts, it is obvious that the petitioner in Ext.P14 judgment approached this Court seeking W.P.(c)No.24345/04 2 benefits of junior-senior fixation as early as in 1984. The petitioners woke up much much later in 2002, after 18 years. Of course, the learned counsel for the petitioners would submit that as far as fixation of pay is concerned, it is a continuing cause of action and therefore, the question of limitation does not arise. I am of opinion that this is not a mere question of fixation of pay, but the principles to be adopted for such fixation of pay of the petitioners in accordance with the pay fixation order and if there is any anomaly therein, the petitioners were obliged to take it up either with the Board or this Court within a reasonable time. The petitioners took 18 years to wake up and raise that contention. I do not think that such contentions can be countenanced that late. Therefore, I am not inclined to exercise my discretionary jurisdiction under Article 226 of the Constitution of India in favour of the petitioners and accordingly, the writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(c)No.24345/04 3 W.P.(c)No.24345/04 4