IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 29346 of 2008(R) -------------------------- PETITIONER(S): --------------- C.S.SAJEEV, 'USHAS' PONNUMANGALAM, SANTHIVILA, NEMOM P.O.,THIRUVANANTHAPURAM -20 BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): --------------- 1. KERALA STASTE ELECTRICITY BOARD REPRESENTED BY ITS CHAIRMAN, VYDHUTHI BHAVAN THIRUVANANTHAPURAM. ADDL. 2. THE CHIEF ENGINEER (HRM) KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM. (IMPLEADED AS PER ORDER IN I.A.NO.12804 OF 2008 DATED 13.10.2008) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.29346 of 2008 ------------------------------- Dated this the 13th October, 2008. J U D G M E N T The petitioner is presently working as Senior Assistant in the Kerala State Electricity Board, hereinafter referred to as ‘the Board’ for short. He entered the service in the Board as Electricity Worker under the sports quota. He was later promoted as Lineman Grade-II and then as Lineman Grade-I. By Ext.P1 order dated 17.6.2002, the Board decided to promote the petitioner as Junior Assistant in the 20% quota kept apart for last grade employees subject to the following conditions: “a) That he will pass the suitability test as and when it is conducted by the KPSC. b)That his promotion be regularized only after he passes the suitability test to be conducted by the KPSC and seniority he reckoned with respect to the date of regularisation. c)That he shall be eligible for future increments only after he has passed the suitability test of KPSC. W.P.(C) No.29346/2008 2 2. One of the conditions subject to which petitioner was promoted as Junior Assistant is that he should pass the suitability test as and when it is conducted by the Kerala Public Service Commission, hereinafter referred to as the “Commission” for short. Another condition imposed was that his provisional promotion as Junior Assistant will be regularized only after he passes the suitability test. Yet another condition was that his seniority in the category of Junior Assistant will be reckoned only from the date on which he is regularized. According to the petitioner, the Commission did not conduct the suitability test for long, though he had appeared for and passed all the departmental tests. Later by Ext.P2 order passed on 6.7.2005, the Board ordered as follows:- “2) Sanction is also accorded to promote the sports recruits in the Board to the cadre of Junior Assistant/Cashier w.e.f. 01-07-2005, as was done prior to 14.7.1995, following the guidelines stated below: “Sports recruits, who have passed SSLC and having length of service of 5 years of Pre-degree having length of service of 3 years, in the pay W.P.(C) No.29346/2008 3 scale of and below that of Junior Assistant will be appointed as Junior Assistant/Cashier. They will be imparted with training for 6 months in the post of Junior Assistant/Cashier and will be regularized in that post on satisfactory completion of the training and prescribed probation period.” 3. The decision taken by the Board as per Ext.P2 was ratified by the State Government in Ext.P3 order dated 11.8.2005. In Ext.P3, the Government ordered as follows:- “4. Government have examined the matter in detail and they are of the view that Suitability Test conducted by Kerala Public Service Commission need not be insisted in the case of sports persons, since they are recruited as per a special scheme formulated in accordance with the policy of Government for promotion of sports & games in the State and since their recruitment is not within the purview of Kerala Public Service Commission and also that the rules and guidelines which were prevalent in the Board can be followed in this case. Government are therefore pleased to permit the KSEB to promote the Sports Quota Recruits as Junior Assistant/Cashier without insisting for the suitability test based on the guidelines stated in para 3 above.” W.P.(C) No.29346/2008 4 4. Based on Exts.P2 and P3 orders, the petitioner moved the respondents and thereupon orders were passed by the Board on 22.1.2007 according sanction to extend the benefits of Ext.P2 to the petitioner. Thereupon, the petitioner’s probation in the category of Junior Assistant was declared to have been satisfactorily completed with effect from 19.12.2002. By Ext.P4 order, the petitioner’s promotion to the category of Junior Assistant was regularized with effect from 19.6.2002, the date on which he joined duty in the said post. Later by Ext.P5 order dated 22.6.2007, second respondent Chief Engineer promoted the petitioner as Senior Assistant. 5. According to the petitioner, by reason of the delay in regularising him in the post of Junior Assistant, his promotion to the post of Senior Assistant was also delayed. The petitioner submits that though he had passed all the departmental tests, he could not appear for the Suitability test only because the Commission was not conducting the suitability W.P.(C) No.29346/2008 5 test and that in the light of Ext.P2 order and the decision of the Government, evidenced by Ext.P3, he is entitled to be promoted to the post of Senior Assistant earlier than the date on which Ext.P5 order was passed. The petitioner further submits that seeking the said relief, he has submitted Ext.P7 representation before the second respondent. The main prayer made in the writ petition is for a direction to the second respondent to consider and pass orders on Ext.P7 representation. 6. I have heard Sri.T.R.Ravi, the learned counsel appearing for the petitioner and Sri.K.S.Anil, the learned Standing Counsel appearing for the respondents. As the petitioner has already moved the second respondent claiming earlier promotion as Senior Assistant and appropriate placement in Ext.P6 seniority list of Senior Assistants, it is not necessary for this Court to consider the said issue on the merits, at this stage of the proceedings. By Ext.P4 order, dispensing with the stipulations in Ext.P1 order, the petitioner was regularised in the W.P.(C) No.29346/2008 6 post of Junior Assistant with effect from 19.6.2002. The Board has thereby accepted the petitioner’s contention that he need not passed the Suitability test. In this state of affairs, it is only just and proper that the grievance voiced by the petitioner in Ext.P7 representation is considered and a decision taken thereon at the earliest. The writ petition is accordingly disposed of with a direction to the second respondent to consider Ext.P7 representation and take a decision thereon, after affording the petitioner an opportunity of being heard. This shall be done within a period of two months from the date on which the petitioner produces a certified copy of this judgment. P.N.RAVINDRAN, JUDGE nj.