IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 OP.No. 9999 of 2003(M) ---------------------- PETITIONER: --------------- V.A.ALIYUMMA, C.L.R. SWEEPER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD, PERUMBAVOOR. BY ADV. SRI.S.RAMESH BABU RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. CHIEF ENGINER (HRM), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.T.G.RAJENDRAN SC FOR K.S.E.B. FOR R1,R2 SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 & 2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 9999 of 2003(M) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1: Order No.M.IV-24187/66 dtd.6/2/1968. EXHIBIT P2: School admission register EXHIBIT P3: Memo No.EBEW.680/94 dtd.9/12/1994. EXHIBIT P4: Order No.EB5(a)/55/98 dtd.29/3/1999. EXHIBIT P5: Letter No.EB-2/1/Gnl/99-2000/2352 dtd.16/9/99. EXHIBIT P6: Order No.EB/Law/OP30472/01 dtd.16/9/2002. EXHIBIT P7: B.O.No.1658/02 PSI.1167/95 dtd.10/12/2002. EXHIBIT P8(a): Relevant extract from the Long Term Settlement 1990 EXHIBIT P8(b): Relevant extract from the Long Term Settlement 1995 EXHIBIT P8(c): Relevant extract from the Long Term Settlement 2000 EXHIBIT P9: Relevant extracts of the LTS 2007. RESPONDENTS' EXHIBITS:- Nil True copy P.A. to Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ O.P.No.9999 of 2003 ------------------------------------------------ Dated this the 20th day of May, 2010 JUDGMENT In this writ petition the grievance raised by the petitioner is concerning the non regularisation of appointment as Office Attendant Grade-II pursuant to Ext.P7. 2. The petitioner is the widow of one G.Mohammadali, who was in the regular employment of the Kerala State Electricity Board as an Overseer. He died while in service and the petitioner was given the benefit of appointment in the Board in the category of Attendant-II, according to her. Thereafter she was appointed as CLR worker presumably for want of vacancies. The petitioner's contention in the original petition is that she was selected as Office Attendant. It is averred in paragraph '4' of the counter affidavit that actually she was not selected as Office Attendant, but as Sweeper-III under the dying in harness scheme. By Ext.P4 certain appointees under the dying in harness as CLR workers were regularising service as Office Attendant-II with effect from 29/3/1999. The name of the petitioner was omitted therein which led to the filing of writ petition O.P.No.30472/2001 O.P.No.9999/2003 : 2 : which was disposed of by this Court, directing to consider Ext.P4 representation pursuant to which Ext.P6 order was passed. 3. Later by Ext.P7 the Board issued an order stating that those who were appointed under the compassionate employment scheme as Sweeper-III and continuing as CLR workers for want of vacancies will be regularised prospectively as Electricity workers as a special case depending on their qualification. The petitioner is included as Serial No.3 in Annexure-II to that order. The writ petition was filed seeking to implement Ext.P7 by issuing appointment order and for various other reliefs. In the light of the subsequent developments, it is not necessary to consider various pleas raised by the petitioner. 4. It is submitted that a memorandum of settlement was arrived at by the Board and the workers represented by the various Unions. Therein Article (F) Clause 23 reads as follows:- “The actual period of CLR Service of the employees in the Board, who were appointed under Compassionate Employment Scheme (CES), will be reckoned as qualifying service for increment, weightage and other service benefits.” O.P.No.9999/2003 : 3 : 5. The learned counsel for the petitioner submitted that Board has issued order on 24/10/2007 whereby the above settlement adopted as per Ext.P9 was implemented. It is clarified therein that actual period of CLR service from the date of entry rendered by the CLR workers appointed under Compassionate Employment Scheme will be reckoned for increment notionally with monetary benefit from 1/8/2003. 6. It is submitted by the learned counsel for the petitioner that the petitioner has accordingly obtained various reliefs but not the entire relief in the implementation of Ext.P9 and Board order dated 24/10/2007 as sought for by her. In the light of the subsequent developments whereby the grievance raised by the petitioner has greatly been redressed, if there are any other grievances which survives even now, the petitioner will file an appropriate representation before the Board detailing such grievances. The petitioner will forward the same along with a copy of this judgment within one month and the competent authority will consider the same within four months of its receipt in accordance with law and pass O.P.No.9999/2003 : 4 : appropriate orders, which will be communicated to the petitioner. The writ petition is accordingly disposed of. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj