IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 15699 of 2008(R) PETITIONERS: ----------------------- 1. C.SINDHU, SENIOR FAIR COPY ASSISTANT, OFFICE OF THE DIRECTOR, RESEARCH ORGANISATION, K.S.E.BOARD, PALLOM, KOTTAYAM. 2. P.P.BINU, SENIOR FAIR COPY ASSISTANT, ELECTRICAL DIVISION OFFICE, K.S.E.BOARD, CHENGANNUR. BY ADV. SRI.KRB.KAIMAL (SR.) SRI.ANIL K.NAIR SRI.B.UNNIKRISHNA KAIMAL SRI.V.MADHUSUDHANAN SRI.PRAMJI PAUL VAZHAPPILLY RESPONDENTS: ------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (H.R.M), K.S.E.BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE DIRECTOR, RESEARCH ORGANISATION, K.S.E.BOARD, PALLOM, KOTTAYAM. 4. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, K.S.E.BOARD, CHENGANNUR. BY ADV.SRI.K.S.ANIL - SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.15699 of 2008 R ------------------------- Dated this the 27th day of May, 2008. JUDGMENT The petitioners, who were working as Senior Fair Copy Assistants in the service of the Electricity Board, were promoted to the said post under Ext.P1 order, wherein they are included as Serial Nos.83 and 122 respectively. Apparently, a second order of promotion of Senior Fair Copy Assistants was passed as per Ext.P2, presumably because a change had to be effected regarding some of the persons included in Ext.P1. The petitioners find a place in Ext.P2 also as Serial Nos.70 and 101 respectively. About a month after Ext.P1 order of promotion, apparently under Ext.P3 Fax Message, the promotions effected under Ext.P1 were directed to be kept in abeyance. By the time, the petitioners had already taken charge. Taking note of Ext.P3, some of the promotees were reverted. They approached this court in W.P.(C). No.6003/04. The same was allowed and the petitioners therein were directed to be promoted with effect from the date of Ext.P1 with consequential benefits. It seems that the judgment was affirmed by the Division Bench as well. But on the basis that the W.P.(C).NO.15699/08 :: 2 :: petitioners promoted only under Ext.P2, the pay of the petitioners in the scale of pay of Senior Fair Copy Assistants was re-fixed as evidenced by Exts.P5 and P6. A revised date of promotion as Senior Fair Copy Assistants were also given. This has been objected to by the petitioners in Exts.P7(a) and P8(a). The petitioners point out that the promotions effected under Ext.P1 were ultimately affirmed pursuant to the judgment of this court in W.P.(C).No.6003/04. This was again affirmed by the Board as per Ext.P9 order passed in the case of similarly situated persons, who had approached this court in W.P.(C).No.4194/06 and connected cases. The petitioners point out that most of the writ petitioners in the aforementioned writ petitions, who were the beneficiaries of Ext.P9 order, are juniors to the petitioners in Ext.P1 order. The net result, according to the petitioners, is that their date of effect of promotion as Senior Fair Copy Assistants has been illegally revised and recovery of amounts already drawn has also been ordered without any justification. Hence this writ petition. 2. I heard learned Senior Counsel Sri.K.R.B.Kaimal and Sri.K.S.Anil, learned counsel appearing for the respondents. W.P.(C).NO.15699/08 :: 3 :: 3. Ext.P9 reflects the stand taken by the Board in the case of similarly situated persons, which includes persons, who are juniors to the petitioners, going by Ext.P1. The affirmation of Ext.P1 by this court in W.P.C.No.6003/04 and consequential order Ext.P4 also will have to be taken into account. Since these facts are brought to the notice of the 2nd respondent vide Exts.P7(a) and P8(a), it is only appropriate that the 2nd respondent takes a decision, in the first instance. In the result, the writ petition is disposed of directing the 2nd respondent to pass orders on Ext.P7(a) and P8(a) in the light of Exts.P4 and P9, taking into account the judgment in W.P.C.No.6003/04, within a period of two months from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge