IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 WP(C).No. 3571 of 2008(A) ------------------------- PETITIONER: -------------------- S.RAVEENDRAN PILLAI, CASHIER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, MANNAR. BY ADV. SRI.D.KISHORE RESPONDENTS: ------------------------ 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-695 004. 2. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. R1 BY ADV. SRI.ALEXANDER THOMAS R2 & R3 BY ADV.SRI.K.S.ANIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.3571 of 2008 ------------------------- Dated this the 30st day of January, 2008. JUDGMENT The petitioner who entered service in the Electricity Board as a Mazdoor aspires for promotion to the post of Junior Assistant/Cashier against the 20% posts reserved for those persons, who have completed 5 years under regular establishment of the Board as evidenced by Ext.P1. Ext.P1 further stipulates that such persons should have entered service prior to 14.7.1995. One of the qualifications is office training for a period of six months. Since the petitioner has not entered service on 14.7.1995, he was not entitled to promotion in terms of Ext.P1 to the post of Junior Assistant, if Ext.P1 is to be considered strictly. Nevertheless, by Ext.P2 order, he was provisionally promoted subject to the condition that the appointees therein be regularised in the post only after they pass the eligibility test conducted by the Public Service Commission. Apparently, the departmental test was notified by the Public Service Commission under Ext.P6 notification. It is notified therein that applications W.P.(C).NO.3571/08 :: 2 :: are invited from Lineman Grade I of the Kerala State Electricity Board coming within the purview of the KPSC for the eligibility test for promotion to 15% earmarked for certain categories of employees. Petitioner submits that the notification did not specify that those persons who have been provisionally promoted as Junior Assistants can apply and contends that there is an error in the notification, to the said extent. There is nothing in the notification which prima facie conveys any message that if a person had been provisionally promoted as Junior Assistant, he would be disentitled to participate in the eligibility test to be conducted by the Commission. There is no ambiguity in that regard in Ext.P6 notification. Obviously the petitioner could have also applied pursuant to Ext.P6. Apparently, he did not come across the notification or he gathered a wrong impression that he may not be eligible to apply. Anyway, any such wrong impression gathered by the petitioner does not constitute a ground to hold that the notification as such is vitiated on any ground. W.P.(C).NO.3571/08 :: 3 :: Writ petition is devoid of merit and the same is, therefore, dismissed. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge