IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 WP(C).No. 28402 of 2008(F) -------------------------------------- PETITIONER(S): ---------------------- M.G.ANANTHAKRISHNAN, S/O.V.GOPI, AGE 37 YEARS, ASSISTANT ENGINEER (ELECTRICAL) 110 K.V. SUB STATION, K.S.E.B, KAYAMKULAM, RESIDING AT ANASTHANATHU MEENATHERIL, ALUMPEETIKA P.O., PRAYAR, KOLLAM, PIN 690 547. BY ADV. MR.P.P.JNANASEKHARAN MR.S.DILEEP RESPONDENT(S): ------------------------ 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM), KSEB, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. GIRISH.M, ASST. ENGINEER, K.S.E.B, EDATHUA SUB STATION, ALLEPPEY DISTRICT. 4. N. SATHEESH KUMAR, ASSISTANT ENGINEER, K.S.E.B, TRANSMISSION CONSTRUCTION, MAVELIKKARA, ALLEPPEY DISTRICT. 5. SHEEJA.S., ASSISTANT ENGINEER, ELECTRICAL CIRCLE, KOLLAM. R3 & R5 BY ADV. DR.K.P.SATHEESAN , MR.K.K.GOPINATHAN NAIR , MR.M.R.JAYAPRASAD, MR.P.MOHANDAS (ERNAKULAM). R1 & R2 BY ADV. MR. ASOK M.CHERIYAN, SC, KSEB, MR.K.S.ANIL, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/07/2009, ALONG WITH WPC.28483/2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 28402/2008-F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DEGREE CERTIFICATE IN ENGINEERING. EXT.P2: COPY OF THE ORDER OF APPOINTMENT DATED 20/03/2001. EXT.P3: COPY OF THE ORDER DECLARING PROBATION WITH EFFECT FROM 02/10/2001, DATED 30/03/2002. EXT.P4: COPY OF THE ORDER DATED 15/06/2004 BY THE 2ND RESPONDENT. EXT.P5: COPY OF THE ORDER DATED 05/11/2007. EXT.P6: COPY OF THE PROCEEDINGS DATED 17/09/2008 BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)Nos.28402, 28483, 28943, 29001 & 37583 of 2008 -------------------------------------- Dated 3rd July, 2009 JUDGMENT Common questions arise in these writ petitions. They were therefore heard together and are being disposed of by this common judgment. 2. These writ petitions are filed challenging the reversion of the petitioners from the category of Assistant Engineer (Electrical) to Sub Engineer (Electrical) pursuant to the order of the Kerala State Electricity Board dated 17.9.2008, a copy of which is produced and marked as Ext.P6 in W.P.(C)No.28402 of 2008. By reason of the interim orders passed by this Court in these writ petitions, the orders reverting the petitioners did not take effect. 3. The order impugned in these writ petitions was passed pursuant to the directions issued by this Court in W.P.(C)Nos.33726 and 33749 of 2005. It is brought to my notice that by order passed on 17.6.2009 in R.P.No.902 of 2008 in W.P.(C)No.33726 of 2005 and connected cases filed by third parties, a Division Bench of this Court has reviewed the orders earlier issued by this Court in W.P.(C) Nos.33726 and 33749 of 2005 and directed that vacancies which arose WP(C).No.28402/2008 & connected cases 2 between 2002 selection and 31.1.2005 will have to be filled up in accordance with the Rules then in force and that the order passed by the Board on 1.2.2005 to leave the recruitment against 10% quota of in-service candidates to the Kerala Public Service Commission, will have only prospective operation. The operative portion of the order passed by this Court in R.P.No.902 of 2008 reads as follows: “The decision of the Board to leave the recruitment against 10% quota of in-service candidates to P.S.C. was approved by the Government only by order dated 1.2.2005. Since the said order of approval has only prospective operation, the vacancies which arose between the 2002 selection and 31.1.2005 will have to be filled up in accordance with the Rules then in force. The Board shall undertake the exercise to fill up those vacancies in accordance with law, in the light of the Rules then in force, within four months from the date of production of copy of judgment, by inviting fresh applications pointing out that the appointment is to be made on regular basis. Till such appointments are made, the review petitioners and the contesting respondents may be retained in the posts held by them, i.e. in the post of Assistant Engineer, on temporary basis, provided their services are required by the Board. In other words, by virtue of this order in this review petition, they need not be reverted for the present.” 4. The Division Bench of this Court has thus directed the Board to fill up the vacancies that arose between 2002 selection and 31.1.2005 by inviting fresh applications. This Court has also directed that till such time, the parties to the review petition need not be WP(C).No.28402/2008 & connected cases 3 reverted. In my opinion, in the light of the orders now passed by the Division Bench, these writ petitions can be disposed of with the direction that the petitioners shall also be entitled to the benefits flowing from the order passed by this Court on 17.6.2009 in R.P.No.902 of 2008 in W.P.(C)33726 of 2005 and connected cases and with the further observation that it will be open to the petitioners to apply for appointment afresh on a regular basis pursuant to the directions issued by the Division Bench in R.P.No.902 of 2008 in W.P. (C)No.33726 of 2005 and connected cases. I also direct that till appointments are made as directed by the Division Bench they shall not be reverted from the post of Assistant Engineer (Electrical). The directions issued by the Division Bench in R.P.No.902 of 2008 in W.P. (C)No.33726 of 2005 and connected cases will govern these cases also. 5. The petitioner in W.P.(C)No.28402 of 2008 has a further grievance that respondents 4 and 5 who are Cashiers are not entitled to be promoted till all Sub Engineers in the Board are promoted. This is also a matter which the petitioner can bring to the notice of the Board and the officers, when the Board undertakes the exercise, as directed by this Court in the order passed in R.P.No.902 of 2008 in in W.P.(C)33726 of 2005 and connected cases by filing an appropriate WP(C).No.28402/2008 & connected cases 4 representation. The Board shall while implementing the directions issued by this Court in R.P.No.902 of 2008 in in W.P.(C)33726 of 2005 also consider the objections raised by the petitioner in W.P.(C) No.28402 of 2008 and shall also advert to the same while passing orders. The writ petitions are disposed of as above. P.N.RAVINDRAN Judge TKS