IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 15098 of 2005(V) -------------------------- PETITIONER: --------------- V.S.AJAYAN, ASSISTANT ENGINEER (CIVIL), KERALA STATE ELECTRICITY BOARD, LOWER MEENMUTTY 'SHE' PROJECT, MEENMUTTY, PACHA, PALODE, THIRUVANANTHAPURAM. BY ADV. SRI.SATHISH NINAN SRI.SANTHOSH MATHEW RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 3. SRI.R.V.SANIL KUMAR, ASSISTANT EXECUTIVE ENGINEER (CIVIL), OFFICE OF THE CHIEF ENGINEER (CIVIL), INVESTIGATION PLANNING DESIGN & SAFETY OF DAMS (I.P.D.S), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 4. SMT.SUCHITHRA, EXECUTIVE ENGINEER (CIVIL), OFFICE OF THE CHIEF ENGINEER (CIVIL), INVESTIGATION PLANNING DESIGN & SAFETY OF DAMS (I.P.D.S.), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.K.S.ANIL, SC, KSEB FOR R1 & R2 SRI.P.M.MOHAMMED SHAIRAZ FOR R4. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.15098/2005 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE REPRESENTATION DT.1.10.2004 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P2: COPY OF ORDER NO.EB6(b)/WP/32950/04 DT. 3.3.2005 ISSUED BY THE 2ND RESPONDENT. EXT.P3: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT.11.8.2007. EXT.P4: COPY OF THE REPLY OF THE FIRST RESPONDENT TO THE PETITIONER DT.12.9.2007. EXT.P5: COPY OF THE REPLY OF THE 1ST RESPONDENT TO THE PETITIONER DT.14.9.2007. EXT.P6: COPY OF THE APPEAL SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DT.14.9.2007. EXT.P7: COPY OF THE REPLY OF THE 1ST RESPONDENT TO THE PETITIONER DT.23.10.2007. RESPONDENT'S EXTS: EXT.R4(A): COPY OF ORDER NO.EBC4/567/88 DT. 01/08/1988. EXT.R4(B): COPY OF ORDER NO.EBC.I/V/96-97 DT, 31.05.1997. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR J. ------------------------------------ W.P.(C) No.15098 OF 2005 ------------------------------------ Dated this the 30th day of January, 2009 J U D G M E N T ~~~~~~~~~~~ The petitioner is an Assistant Engineer (Civil) working under the Electricity Board. He claimed promotion to the post of Assistant Executive Engineer. According to him, several unqualified persons, including respondents 3 and 4, are working in the cadre of Assistant Executive Engineer. The petitioner represented claiming promotion. His representation was rejected by Ext.P2 order. The Chief Engineer in Ext.P2 stated that the cadre strength of Assistant Executive Engineers is 127. While applying the ratio of 3:1 between the degree holders and diploma holders in the feeder category, there are only 95 posts available to be filled up by Graduate Assistant Engineers. At present, the strength of Graduate Assistant Engineers promoted to the cadre of Assistant Executive Engineer is 170. There is only one diploma holder working in that cadre. Since the promotions have been given to the post Assistant Executive Engineer in excess of the cadre strength, several of them are being reverted. Therefore, at present, there is no vacancy available for promoting any of the Graduate Assistant W.P.(C) No.15098/2005 2 Engineers. On that premise, Ext.P2 was passed. Aggrieved by Ext.P2, this writ petition is filed. According to the petitioner, there is no justification for retaining unqualified hands as Assistant Executive Engineers. They should be reverted and the petitioner, who is qualified, should be promoted. In short, the vacancies in the cadre of Assistant Executive Engineer should be filled up according to seniority of qualified hands and with reference to the date of occurrence of vacancies. 2. The respondents have filed a counter affidavit stating that when steps were taken to revert excess Assistant Executive Engineers, they approached this court and this Court stayed their reversion as per the interim orders in W.A. Nos.1595/2006 and 1513/2006. Recently, those writ appeals have been disposed of and this Court held that the cadre strength of Assistant Executive Engineers should be treated as 164 and the promotions should be reviewed accordingly. 3. If the cadre strength is 164, the quota set apart for Graduate Engineers will come to 123 and for diploma holders will be 41. So, the 123 posts have to be filled up by qualified W.P.(C) No.15098/2005 3 Graduate Engineers in the feeder category with reference to the date of occurrence of vacancies. If, there is any exemption available from passing any test, the same may be relevant while preparing the list of qualified hands according to seniority. Out of the 164 posts, 123 shall be filled up by qualified Graduate Engineers in accordance with their seniority. If vacancies in the quota of the diploma holders are remaining unfilled for want of qualified hands, the said vacancies can also be filled up provisionally, subject to exigencies of service. So, the respondents 1 and 2 are directed to fill up 123 posts of Assistant Executive Engineers(Civil) on regular basis by promoting or by retaining those who were already promoted from among Assistant Engineers (civil), as mentioned earlier. The promotion or retention in the cadre of Assistant Executive Engineer shall be strictly in accordance with seniority of qualified hands and also having regard to the date of occurrence of vacancies. This exercise shall be completed by the 1st respondent within three months from the date of receipt of a copy of this judgment. (K.BALAKRISHNAN NAIR, JUDGE) ps