IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 22481 of 2009(E) -------------------------- PETITIONER(S): --------------- 1. HARI P.K., S/O.NARENDRAN P.K., 'SADANAM', MANHAPPATTA P.O., MANJERI, MALAPPURAM-676 123. 2. PRIYARAJ V.P., S/O.P.PARAMESWARAN PILLAI VATTOLLI PARAMBIL HOUSE, EAST KADUNGALLOOR, U.C.COLLEGE P.O., ALUVA-683 102. 3. ARUNKUMAR M.B., S/O.K.BALAKRISHNAN, MAILIKARA HOUSE, DESOM P.O., ALUVA-683 103. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. ADV. SRI.K.S.ANIL, SC, KSEB FOR R2 SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1 & 2 MR.ALEXANDER THOMAS, SC FOR PSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.22481/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF NOTIFICATION DATED 12/11/2007 PUBLISHED BY THE PSC (RELEVANT PORTION) P2 : COPY OF LETTER NO.PIO/CEDN/KKD/16/08-09 2837 DATED 13/01/2009 FROM THE KSEB. P3 : COPY OF VACANCY POSTIION AS ON 30/11/2008 IN CENTRAL ZONE OF KSEB. P4 : COPY OF LETTER NO.GBI/RIA/2008-09/807/5/2/09 ISSUED BY THE KSEB. P5 : COPY OF ORDER NO.EB2/S.E.(Ele)/TRAINEES/08-09 DATED 03/02/2009 ISSUED BY THE KSEB. P6 : COPY OF LETTER NO.IDS.1.(4) 40586/08/G.S. DATED 27/12/2008 ISSUED BY THE PSC. P7 : COPY OF LETTER NO.IDS.1(4)933/09/G.S. DATED 21/01/2009 ISSUED BY THE PSC. P8 : COPY OF RELEVANT PAGES OF THE BOARD ORDER NO.2150/2000 PSI 1400/98 DATED 29/08/2000. P9 : COPY OF RELEVANT PAGES OF the B.O.(FB)NO.628/2007 (PSI/101/2006) DATED 19/03/2007. P10 : COPY OF B.O.(FM) NO.1297/02 (ESTT.III/396/99) DATED 19/09/2002. P11 : COPY OF REPRESENTATION DATED 22/01/2009 SUBMITTED BY THE PETITIONERS BEFORE R1. P12 :COPY OF JUDGMENT DATED 26/02/2009 IN WP(C) NO.6323/2009. P13 : COPY OF LETTER NO.LAS.III/3112/2009 DATED 17/06/2009 ISSUED BY THE SECRETARY OF R1. RESPONDENT'S EXHIBITS R1(a) : COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER DATED 27/07/2009. R1(b) : COPY OF LETTER FORWARDED TO THE 1ST PETITIONER IN RESPONSE TO EXT.R1(a) APPLICATION. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------ WP(C) No.22481 of 2009 -------------------------- Dated, this the 23rd day of November, 2009 J U D G M E N T The petitioners submit that they are qualified to be considered for the post of Meter Reader / Spot Biller under the 1st respondent. According to the petitioners, Exts.P2 to P5 disclose that at present there are 1316 vacancies of Meter Readers/Spot Billers in existence within the sanctioned cadre strength, and therefore, in addition to the 13 vacancies, which are already reported to the PSC, these vacancies should also be reported in order to enable the PSC to initiate recruitment process. 2. On the other hand, in the affidavits filed by the respondents, what they say is that Exts.P2 to P4 are only indicating the required strength and not actual cadre strength, and that the sanctioned cadre strength of Meter Readers / Spots Biller is 1693 only. It is stated that out of the 1693 posts, 75% are to be filled up by direct recruitment, which works out to 1269 posts, and that 1256 persons are already working in the direct recruitment quota. On WP(C) No.22481/2009 -2- this basis, they assert that only 13 posts were available to be reported and that these vacancies have already been reported. 3. As already stated, the contention of the petitioners is that more than 1316 vacancies within the sanctioned cadre strength are available. They are also relying on Exts.P2 to P4. These documents are sought to be explained by the Executive Engineer, who is the Public Information Officer, in the affidavit dated 24/10/2009 to the effect that though “sanctioned strength” is the word used in Exts.P2 to P4, the figures do not represent the actual sanctioned cadre strength, which is to be decided by the KSE Board. Be that as it may, it necessarily calls for an assessment about the existence of actual vacancies, which this Court will not be justified in doing based only on the affidavits and documents that are available. This is also for the further reason that Ext.P13 order dated 17/06/2009 passed in pursuance to the judgment of this Court in WP(C) No.6323/2009 does not, prima facie, appear to deal with the entire contentions. Therefore, I feel the petitioners should be given an opportunity to urge their contentions before the Chief Engineer, HRM, who on receipt of the matter shall examine the WP(C) No.22481/2009 -3- genuineness of the claim, and pass appropriate orders dealing with the contentions, with notice to the petitioners. The petitioners shall produce a copy of this judgment before the Chief Engineer, HRM for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg