IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 WA.No. 19 of 2010() ------------------- AGAINST THE JUDGEMENT IN WPC.7933/2005 .................... APPELLANT(S): FIRST PETITIONER ------------------------------ RAMACHANDRAN.R.K.V, LINEMAN GRADE-II, ELECTRICAL SECTION, K.S.E.B, PAYYANNUR, KANNUR DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.MATHEW SUNNY RESPONDENT(S): RESPONDENTS -------------------------- 1. KERALA STATE ELECTRICITY BOARD (K.S.E.B.IN SHORT), REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (H.R.M), K.S.E.B., VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. A.SUGATHAN, METER READER, ELECTRICAL SECTION, K.S.E.B., DHARMASALA, KANNUR DISTRICT. ADV.SRI.ASHOK M.CHERIAN, S.C., KSEB. ADV.SRI.KALEESWARAM RAJ (R3) THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/01/2010, ALONG WITH Writ Appeal 47/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.A. Nos.19 & 47 of 2010 ---------------------------------------------- Dated 12th January, 2010. J U D G M E N T Balakrishnan Nair, J. W.A.47/2010 The writ petitioners are the appellants. They are working in the post of Lineman Grade I/II. They claimed promotion to the post of Meter Reader with effect from 15.11.1999 or at least from 11.8.2000. Their claim being not accepted by the Kerala State Electricity Board (for short KSEB) and the learned Single Judge, this writ appeal is preferred. The brief facts of the case are the following : As per the long term settlement entered between the management and workmen of the KSEB, concluded in 1995, 25% of the vacancies in the cadre of Overseer(Electrical) were to be filled up from internal candidates who have the required qualification and are working in lower grade posts. 375 vacancies were identified in the above 25% quota and applications were invited on 9.9.1999, to fill up those vacancies. While the matter was being processed, the next long term settlement was concluded on 11.8.2000. The method of appointment to the post of Overseer(Electrical) was modified WA Nos.19 & 47/2010 2 and the 25% quota set apart for internal candidates was no longer available after that settlement. Instead, provision was made to fill up 25% vacancies in the cadre of Meter Reader from among the internal candidates. Fresh applications were invited from among internal candidates for filling up the said quota, by Ext.P1 order dated 23.11.2000. While so, the persons who applied pursuant to the notification dated 9.9.1999 for being appointed to the post of Overseer(Electrical), approached this Court and this Court, by Ext.P3 judgment upheld their claim. It was ordered that the vacancies in the post of Overseer (Electrical) which arose prior to 11.8.2000 should be filled up in accordance with the method of appointment provided in the 1995 settlement. A Division Bench of this court, by Ext.P4 judgment directed that the claims of all eligible candidates should be considered, apart from that of the petitioners in Ext.P3. In obedience to the directions in Exts.P3 and P4, the Board passed Ext.P5 proceedings on 7.2.2003, promoting the persons named therein, to the post of Overseer (Electrical) with retrospective effect from 15.11.1999. Monetary benefits were given with effect WA Nos.19 & 47/2010 3 from 23.7.2000, the date on which O.P.No.21479/2000 was filed. Pursuant to the settlement dated 11.8.2000 and Ext.P1 notification issued thereafter, 359 persons were already promoted to the cadre of Meter Reader as per Exts.P2 and P2(a) orders. Among them, 284 persons covered by Exts.P2 and P2(a) were the beneficiaries of Ext.P5 promotion order and therefore, the same resulted in creating 284 vacancies in the cadre of Meter Reader. The Board invited applications for appointment to the post of Meter Reader, from among the qualified hands working under the Board in lower grades. There was a stipulation that the persons qualified as on the date of Ext.P5 can apply for promotion. According to the appellants, those 284 vacancies arose with effect from 15.11.1999 and therefore, the persons qualified on the said date alone should be considered for promotion. At any rate, they submitted that the persons who were qualified as on 23.11.2000, the date of Ext.P1 alone should be considered first for promotion. But, the learned Single Judge dismissed the writ petition relying on an earlier judgment in W.P. (C) 31902/04 dated 3.12.2008, a copy of which is produced as WA Nos.19 & 47/2010 4 Annexure I along with the Appeal Memorandum. The learned Judge took the view that the vacancies arose only on passing Ext.P5 order and therefore, the date of that order should be taken as the date of occurrence of the vacancies. Feeling aggrieved by the said judgment, this Writ Appeal is preferred. 2. We heard Sri.P.B.Suresh Kumar, learned counsel who appeared for the appellants and also the learned Standing Counsel who appeared for the KSEB. Having regard to the facts of the case, physically the vacancies arose only on 7.2.2003, the date on which Ext.P5 was issued. If the Board takes the view that the resultant vacancies could be filled up only with effect from that date, the said view cannot be said to be perverse or arbitrary. The KSEB is running an industry and the posts are filled up in an industry for running its business. There is no necessity or requirement to fill up such posts with retrospective effect. On the facts of the case, a plausible view has been taken by the Board and the consequential order, Ext.P8, has been passed. We think the view taken by the Board cannot be said to be arbitrary or perverse, warranting interference of this Court, under Article 226 WA Nos.19 & 47/2010 5 of the Constitution of India. So, we find no reason to interfere with the judgment of the learned Single Judge. Accordingly, the Writ Appeal is dismissed. W.A.19/2010 In view of the judgment in W.A.47/2010, this Writ Appeal is also dismissed. K.BALAKRISHNAN NAIR, JUDGE. C.T.RAVIKUMAR, JUDGE. tgs K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.A. Nos.19 & 47 of 2010 ---------------------------------------------- J U D G M E N T Dated 12th January, 2010.