IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 WP(C).No. 3522 of 2009(T) ------------------------- PETITIONER(S): ------------------- 1. G.RAMESH BABU ASSISTANT ENGINEER, ELECTRICAL SECTION,CHENGANNUR. 2. SOMAN.G. ASSISTANT ENGINEER, 66 KV SUB STATION, KOCHIPAMBA, PATHANAMTHITTA. 3. B.MOHANANAKUMAR ASSISTANT ENGINEER, ELECTRICAL WEST SECTION, KAYAMKULAM. BY ADV. SRI.S.RAMESH BABU RESPONDENT(S): --------------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER ( HRM) VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. ADV. SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1,2 SRI.K.S.ANIL, SC, KSEB FOR R1&2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2009, ALONG WITH WPC NO. 19236 AND 22338 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NOs. 3522, 19236 & 22338 OF 2009 ============================== Dated this the 21st day of October, 2009 J U D G M E N T All these writ petitions pertain to promotion to the post of Assistant Executive Engineer (Electrical) under the Kerala State Electricity Board. The issue being common, the writ petitions are heard and disposed of by this judgment. 2. First, I shall deal with WP(C) Nos.19236/09 and 22338/09. Petitioners herein are Graduate Engineers, who were recruited through the PSC and were appointed as Assistant Engineer (Electrical) under the Board. The post of Assistant Engineer is filled up in the ratio of 1:4:3:2 from among in-service Graduates, Graduates by Direct recruitment, by promotion of Diploma holders and by promotion of certificate holders respectively. 3. According to the petitioners, in the matter of promotion to the post of Assistant Engineer, promotion in excess of the diploma quota was effected by the Board and that on that basis, an erroneous common gradation list was also maintained. It is stated that this grievance was raised before this Court in OP WPC NOs. 3522, 19236 & 22338 /09 :2 : NO.21527/97, in which the common gradation list published on 27/8/97 was under challenge. That Original petition was disposed of by Ext.P3 judgment dated 7/10/2008, setting aside the common gradation list and directing the Board to prepare a fresh gradation list within three months. It is stated that further action on Ext.P3 in WP(C) No.19236/09 is not taken. 4. It is also pointed out that though the Board did not file any appeal against the judgment, a Diploma holder filed WA 130/09. In the writ Appeal, stay of the judgment was initially granted, but however, the stay has expired and has not been extended thereafter. Petitioners submit that while further action pursuant to the judgment referred to above is still not taken by the board, Ext.P4 in WP(C) No.19236/09 has been issued on 2/7/09 indicating that there are 70 vacancies in the category of Assistant Executive Engineer (Electrical) in the Diploma quota. By this communication, the details of the 70 Diploma holders working in the cadre of Assistant Engineer has been called for considering them for promotion. It is stated that the Board should first take further action on Ext.P3 and only after complying with the WPC NOs. 3522, 19236 & 22338 /09 :3 : directions therein, promotion pursuant to Ext.P4 should be effected. 5. The Board on the other hand, points out that the gradation list of 27/8/97 was already set aside by this Court in the judgment in OP No.21527/97. It is also stated that a fresh gradation list has already been drawn up. It is contended that even apart from all this, the post of Assistant Executive Engineer is to be filled up in the ratio of 3:1 between Graduates and Diploma holders and that the 70 vacancies mentioned in Ext.P4, fall entirely in the Diploma quota. It is stated that if these vacancies are filled up, the petitioners, who are graduates, can have no grievance as they do not have any claim for the posts in the diploma quota. It is also pointed out that there are 5 vacancies available in the Graduate quota and that steps are being taken for filling up those five vacancies as well. 6. In these two writ petitions, all that this Court is concerned is whether the Board is justified in issuing Ext.P4 calling for details of Diploma holder Assistant Engineers for filling up the vacancies in the cadre of Assistant Executive Engineer. WPC NOs. 3522, 19236 & 22338 /09 :4 : Evidently the vacancies fall under the 25% quota earmarked for Diploma holders. Admittedly, the petitioners herein are Graduates, and if so, they have no claim to the aforesaid 70 vacancies. In such a situation, if vacancies are available, the Board is entitled to take action for effecting promotions and the petitioners can have no grievance against such steps taken by the Board. If so, this Court will not be justified in interfering with Ext.P4 at the instance of the petitioners in these two cases. 7. At the same, time, this Court should also take note of the fact that even according to the Board, in the Graduate quota, 5 vacancies are available. Since it is admitted by the Board that there are 5 vacancies in the graduate quota, Board shall also take simultaneous steps for filling up those 5 vacancies in the Graduate quota as well. Counsel for the petitioners also pointed out that 40 Graduate Engineers are on leave without allowance and that those vacancies should also be filled up from among Graduates in the cadre of Assistant Engineers. If as stated by the petitioners, there are leave vacancies and these vacancies are required to be filled up, it is up to the Board to consider that issue WPC NOs. 3522, 19236 & 22338 /09 :5 : and take steps in that behalf as well. 8. In so far as the petitioners in WP(C) No.3522/09 are concerned, they are Diploma holders working as Assistant Engineers, contending that despite the availability of vacancies in diploma quota in the category of Assistant Executive Engineers, the Board is not taking action for filling up those vacancies. As already noticed, WP(C) Nos.19236/09 and 22338/09 were filed by Graduate Assistant Engineers when Board took steps for filling up 70 vacancies of Assistant Executive Engineers in the Diploma quota. Now that the Board has been given liberty to fill up those vacancies, the complaint of the Diploma holders in this writ petition has been redressed. Therefore, in the light of the judgment in WP(C) Nos.19236/09 and 22338/09 and the directions therein, WP(C) No.3522/09 is closed. 9. In the result, the writ petitions are disposed of with the following directions: (1) That it will be open to the Board to take steps for filling up 70 vacancies in the category of Assistant Executive Engineer (Electrical) by promoting Diploma Holder Assistant Engineers WPC NOs. 3522, 19236 & 22338 /09 :6 : (Electrical). This shall be done, as expeditiously as possible, at any rate within 2 months of receipt of a copy of this judgment. (2) Board is also directed to fill up the 5 Graduate vacancies in the cadre of Assistant Executive Engineer from among the Graduates working in the category of Assistant Engineers (Electrical). This shall also be simultaneously done. (3) The Board shall also consider whether the 49 leave vacancies available in the Graduate quota are to be filled up, and if the decision is to fill up those vacancies, expeditious steps shall be taken in that regard as well. ANTONY DOMINIC, JUDGE Rp