IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 WP(C).No. 34336 of 2008(K) ------------------------------------- PETITIONER(S): ------------------------ BYJU.V.Y, SREE NILAYAM, ANCODE, PERUMKADAVILA, THIRUVANANTHAPURAM-695 124. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): -------------------------- 1. KERALA STATE ELECTICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF POWER, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. VINOD.T, THETTIYARAKALA PUTHENVEEDU, DEVESWARAM, KOLLAYIL, AMARAVILA.P.O, THIRUVANANTHAPURAM DISTRICT. ADV. SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------------------------- W.P.(C) NO:34336 of 2008 ------------------------------------- Dated this the 9th day of December, 2008 JUDGMENT The petitioner who is presently working as Meter Reader in the Kerala State Electricity Board, challenges Ext.P3 provisional gradation list of Meter Readers appointed/promoted during the period from 11-02-03 to 31-01-08. The petitioner was appointed as Meter Reader under the compassionate appointment scheme evidenced by Ext.P2 by memo dated 18-12-2004 and he joined duty on 27-12-2004. According to the petitioner, he is entitled to seniority with effect from 18-12-2004, the date of the appointment order. Reliance is placed on Ext.P4 Government order dated 28-5-1991 in support of the said contention. 2. The pleadings disclose that after Ext.P1 appointment order was issued and the petitioner joined duty, 482 candidates directly recruited from the open market were advised by the Kerala Public Service Commission as per advise memos dated 28-12-2004. After the direct recruits joined duty, Ext.P3 provisional gradation list was published wherein the direct recruits were given seniority with effect from the date of advice. The petitioner contends relying on Ext.P4 Government order that his seniority has to be reckoned from wpc:34336 of 2008 2 18-12-2004, the date of Ext.P1 appointment order. The learned standing counsel appearing for the respondents also submits that Ext.P4 Government order has not been adopted by the Board. 3.The petitioner was admittedly appointed under the Dying-in- Harness Scheme. Ext.P2 is a copy thereof. Sub clause (7) of Paragraph 9 of Ext.P2 states that if a list of candidates for appointment in the Board prepared by the Kerala Public Service Commission is in force, the candidates included in that list will have priority over the candidates included in the list prepared for appointment under the Dying-in-Harness Scheme. Paragraph 11 of Ext.P2 states that the seniority of persons under the Dying-in- Harness Scheme shall be determined by the date on which they join duty pursuant to such appointment. What the petitioner claims is seniority with effect from the date of the order of appointment. In my opinion, the petitioner who got appointment by virtue of Ext.P2 cannot turn round and contend relying on Ext.P4 Government order that his seniority should be reckoned with effect from the date of the order of appointment and not from the date on which he joined duty. 4. In my considered opinion, the claim made by the petitioner cannot be sustained. He was given appointment under Ext.P2 regulations framed under Section 79 read with Section 15 of the wpc:34336 of 2008 3 Electricity (Supply) Act, 1948. In view of the stipulations in Ext.P2 regulations, the petitioner cannot claim seniority over candidates appointed through the Kerala Public Service Commission. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE bps