IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 WP(C).No. 10206 of 2010(A) -------------------------- PETITIONER(S): --------------- S.SREEKUMAR, AGED 44 YEARS, S/O.K.SREEVALSAN, QUARTERS NO.R4, KSEB 66 K.V.SUB STATION, KARUVAMBRUM P.O., MANJERI - 676 123. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT(S): --------------- 1. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, TRANSMISSION DIVISION, MALAPPURAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, SUB STATION, SUB DIVISION, MALAPPURAM. 4. N.K.RAMADASAN, OVERSEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, MANJERI. 5. K.LAVAKUMAR, OVERSEER, KERALA STATE ELECTRICITY BOARD, 66 K.V. SUB STATION, MANJERI. 6. SAJEEV KUMAR, OVERSEER, KERALA STATE ELECTRICITY BOARD, 66 K.V. SUB STATION, MANJERI. KARUVAMBRAM P.O 7. RAJEEVAN, OVERSEER, KERALA STATE ELECTRICITY BOARD, 66 K.V. SUB STATION, MANJERI. KARUVAMBRAM P.O ADV. SRI.K.S.ANIL, SC, KSEB FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 10206 of 2010 A ``````````````````````````````````````````````````````` Dated this the 9th day of April, 2010 J U D G M E N T The petitioner is challenging Ext.P3 in this writ petition. As per Ext.P3, the request of the petitioner for permitting him to continue in the quarters alloted to him was rejected and he was directed to vacate the quarters immediately after 31-03-2010. Admittedly, the petitioner is not an operating staff of the Sub Station. The question of right of the employees other than operating staff of the Sub Station to occupy the quarters was considered by this Court in Ext.P7 judgment. The said judgment to the extent it is relevant reads thus:- “ However, the learned standing counsel appearing for the Kerala State Electricity Board submits that quarters are reserved for operating staff of the sub-station. As the appellant is working at Electrical Section at Manjeri, and he is not an operating staff, the question of any seniority does not arise in this case. We find force in such contention.” 2. In the light of Ext.P7 judgment, Ext.P3 order cannot be WPC.10206/2010 : 2 : said to be illegal warranting interference by this Court. The petitioner did not have a case that he is an operating staff of the Sub Station. Therefore, I am of the view that Ext.P7 judgment is squarely applicable to the case of the petitioner. There is no merit in the contentions of the petitioner and he is liable to vacate the quarters in question in terms of Ext.P3. It is made clear that in case the quarters occupied by the petitioner is not yet alloted to an eligible operating staff of the Sub Station, the petitioner shall be permitted to occupy the same till such allotment. However, such occupancy will not confer any claim or right for continuance on the petitioner. Subject to the aforesaid observations, this writ petition is dismissed. (C.T.RAVIKUMAR, JUDGE) aks