IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 3524 of 2006(T) ---------------------------------- PETITIONER(S): ----------------------- K.J.FRANCIS, LINEMAN GRADE I, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, VADAKKENCHERY, PALAKKAD. BY ADV. MR.V.K.SIVANARAYANAN RESPONDENT(S): ---------------------------- 1. CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDYUTHIBHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDYUTHIBHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. P.P.BHARATHAN, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, PADOOR, PALAKKADU. 4. BRIGHT SINGH.T.L., KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, BALARAMAPURAM, THIRUVANANTHAPURAM. 5. DIRECTOR OF EMPLOYMENT AND TRAINING THYCAUD, THIRUVANANTHAPURAM-14. 6. DIRECTOR GENERAL OF EMPLOYMENT AND TRAINING, SHRAMSAKTHI BHAVAN, RAFI MARG, NEW DELHI-1. BY ADVS.MR.K.S.ANIL, SC, KSEB FOR R1,2 MR. ASOK M.CHERIYAN, SC, KSEB FOR R1 & 2 MR.CYRIAC KURIAN, CGSC FOR R6 GOVERNMENT PLEADER MR.TEKCHAND BY ADV. MR.P.PARAMESWARAN NAIR, A.S.G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.3524/2005 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NATIONAL TRADE CERTIFICATE IN MECHANIC RADIO AND TELEVISION AWARDED BY NATIONAL COUNCIL FOR VOCATIONAL TRAINING ISSUED TO THE PETITIONER. P1(a):- COPY OF THE NATIONAL APPRENTICE SHIP CERTIFICATE IN ELECTRONIC MECHANIC AWARDED BY THE NATIONAL COUNCIL FOR VOCATIONAL TRAINING ISSUED TO THE PETITIONER. P1(b):- COPY OF THE GOVERNMENT ORDER NUMBER GO(MS) NO.514/66/HLD DT. 6.7.66 ISSUED BY SECRETARY TO GOVERNMENT OF KERALA. P1(c):- COPY OF THE PARA 4 OF GENERAL CONDITIONS NOTIFIED IN THE KERALA GAZETTE DT. 26TH SEPTEMBER 2000 IN PART ONE B NOTIFICATION INVITING APPLICATION FOR THE POST OF METER READER IN KSEB AMONG OTHER POSTS. P1(d):- COPY OF THE GOVT. ORDER GO MS. 112/81 /LBR DT. 22.12.81 ODERING PREFERENCE TO NAC HOLDERS OVER NTC HOLDERS IN THE MATTER OF RECRUITMENT TO VARIOUS POSTS. P2:- COPY OF THE RELEVANT PAGES OF CIRCULAR NO.EB/GR.3/L.M.1/2004 DT. 31.1.04 PUBLISHING GRADATION LIST OF LINEMAN GRADE I BY IST RESPONDENT. P2(a):- ERRATUM TO THE GRADATION LIST ISSEUD BY DEPUTY CHIEF ENGINEER (HRM) NO.EB/GR.3/LM/04-05 DT. 28.12.04. P3:- COPY OF THE CIRCULAR EB4 110/2004 DT. 16.9.04 INVITING APPLICATION FOR PROMOTION TO THE POST OF METER READER BY THE IST RESPONDENT. P3(a):- COPY OF THE APPLICATION FOR THE POST OF METER READER DT. 27.9.04 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT. P4:- COPY OF THE PROMOTION ORDER E B4/110 2004 IN THE CADRE OF METER READER DT. 15.1.05 ISSUED BY IST RESPONDENT. P5:- COPY OF THE REPRESENTATION DT. 21.1.05 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT. P5(a):- COPY OF THE APPEAL REPRESENTATION DT. 18.7.05 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P6:- COPY OF THE APPENDIX IV PART M, PAGE NUMBER 71 AND 72 OF TRAINING MANNUAL PUBLISHED BY DIRECTOR GENERAL OF EMPLOYMENT AND TRAINING GOVERNMENT OF INDIA, THE 6TH RESPONDENT. W.P.(C) NO.3524/2006 P7:- COPY OF THE PAGE NUMBERS 40 AND 41 OF SYLLABUS FOR NATIONAL TRADE CERTIFICATE COURSE IN ELECTRONIC MECHANI, DESCRIBING SYLLABUS FOR NATIONAL APRENTICESHIP CERTIFICATE COURSE IN ELECTRONIC MECHANIC. P8:- COPY OF THE GROUP NO.23, ELECTRONIC TRADE GROUP UNDER SCHEDULE I OF APPRENTICESHIP RULES 1991 FRAMED UNDER SECTION 6 OF APPRENTICES ACT 1961. P9:- COPY OF THE GRADATION LIST OF LINEMAN GRADE I SERIAL NUMBER 4032 TO 4059 AND 4088 TO 4115 PUBLISHED BY THE IST RESPONDENT. TRUE COPY P.S. TO JUDGE TSS P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 3524 OF 2006 ......................................................................... Dated this the 18th March, 2009 J U D G M E N T The challenge involved in this Writ Petition is against Ext. P4 order of promotion issued by the first respondent, whereby the claim of the petitioner for promotion to the post of Meter Reader has not been dealt with favourably; whereas promotion has already been given to his juniors like respondent Nos. 3 and 4, which hence is sought to be intercepted; simultaneously seeking for consequential reliefs. 2. The case of the petitioner is that he was working as Lineman Grade-I and that he is having the requisite qualification for promotion to the post of Meter Reader, as evident from Ext.P1 National Trade Certificate in the trade of Mechanic- Radio and Television and also the National Apprenticeship Certificate as evident from Ext.P1(a). The petitioner further submits that by virtue of Ext. P1(b) issued by the fifth respondent/Government of Kerala, the Government has accepted the recommendation given by the appropriate authority and has declared the National W.P.(C) No. 3524 OF 2006 2 Apprenticeship Certificate as of a higher standard than the National Trade Certificate with one year's experience. Even though the petitioner is stated as senior to respondents No.3 and 4 as shown in Ext.P2 Gradation List of Lineman Grade-I as on 01.01.2004, pursuant to promotion exercise to the cadre of Meter Reader under the 25% quota set apart for inservice candidates vide Ext.P3, his application for promotion [Ext.P3(a)] has been wrongly turned down while issuing Ext. P4 order promoting several persons including his juniors. It is the case of the petitioner that despite filing Exts.P5 and P6 representations before the respondents No. 1 and 2 respectively, the same have been kept in a cold storage and the respondents are yet to act upon the same. 3. The first respondent has filed a counter affidavit seeking to sustain Ext.P4 order of promotion excluding the case of the petitioner, stating that the qualification and method of appointment for the post of Meter Reader under the Board are governed by B.O. No.PS.I-84/88(59) dated 05.10.1990 and that as per the Board Order, the qualifications for both direct W.P.(C) No. 3524 OF 2006 3 recruitment and promotion are pass in 8th standard or its equivalent and the technical qualification of NTC in Electrician/Wireman/Electronic Trade or such other alternate qualification as prescribed. It is stated by the Board that the qualification acquired by the petitioner is only National Trade Certificate in Mechanic-Radio and Television, which is not an alternate qualification and hence that he could not be considered for promotion. The petitioner has filed a reply affidavit in response to the averments made by the first respondent in the counter affidavit, referring to the relevant facts and figures as to the qualification notified and the qualification possessed by the petitioner. The position is sought to be substantiated with specific reference to the relevant proceedings issued by the Government of India, Government of Kerala and the Public Service Commission with regard to the qualification and other terms and conditions prescribed. 4. It is very much pertinent to note from Ext.P1 (c) notification issued by the Kerala Public Service Commission for selection and appointment to the post of Meter Reader (by direct W.P.(C) No. 3524 OF 2006 4 recruitment) that the qualification prescribed are as pointed out by the Board in their counter affidavit, i.e., without any differentiation, whether it be by direct recruitment or by promotion. In the very same notification, it has been clarified by the Public Service Commission under 'clause 4(b)' of the general conditions that the candidates who have secured National Apprenticeship Certificate will be given preference over and above the candidates who have secured National Trade Certificate in tune with the terms and conditions prescribed in the Government Orders mentioned therein. Since it is for the Public Service Commission to consider and stipulate the equivalent nature of the qualification as specified by the appointing authority, the explanation offered from the part of the Board for exclusion of the petitioner does not appear to be correct or proper. 5. The counter affidavit filed by the fifth respondent- Governmental authority says that the National Apprenticeship Certificate awarded for a trade group is recognised as of higher grade than National Trade Certificate in the trade group, by W.P.(C) No. 3524 OF 2006 5 virtue of G.O.(MS)No.514/66/HLD dated 06.07.1966 [Ext.P1 (b)]. It is further conceded therein that as per G.O.(MS) No.112/81/LBR dated 22.12.1981, holders of National Apprenticeship Certificate are entitled for preference in the matter of recruitment to various posts over the holders of National Trade Certificate. It is stated in paragraph No. 3 of the counter affidavit filed by the fifth respondent that the National Apprenticeship Certificate in Electronic Mechanic trade is a higher qualification than National Trade Certificate certificate in Electronic trade Group and that it is for the 5th and 6th respondents who are the competent authorities to interpret and clarify any doubt regarding the qualification. Paragraph No.4 of the very same counter affidavit says that the eligibility for National Apprenticeship Certificate in Electronics Mechanic trade is National Trade Certificate in Electronic Mechanic or National Trade Certificate in Mechanic-Radio and Television. After referring to the relevant facts and figures, it has been asserted by the 5th respondent in paragraph No.5 of the counter affidavit that, for a post in which the qualification is fixed as National W.P.(C) No. 3524 OF 2006 6 Trade Certificate in Electronic Mechanic Trade, a person holding National Apprenticeship Certificate in Electronic Mechanic Trade can be considered irrespective of the fact as to whether he is a holder of National trade Certificate in Mechanic-Radio and Television or not. Accordingly, it has been categorically stated in paragraph No.2 of the counter affidavit that the petitioner is eligible for promotion considering his qualification. 6. The counter affidavit filed by the first respondent Board is totally silent as to the various aspects mentioned above, particularly with regard to the counter affidavit filed by the fifth respondent. Equally or more so is the position, as revealed from the negative response from the 3rd and 4th respondents, juniors of the petitioner, who despite service of notice, have not turned up to file any counter affidavit or to contest the matter with regard to the superior claim put forth by the petitioner over and above them. 7. Considering the above facts and circumstances, this Court finds that there is absolutely no justification on the part of the respondent Nos. 1 and 2 for having left out the petitioner W.P.(C) No. 3524 OF 2006 7 from being considered for promotion to the post of Meter Reader pursuant to Ext. P3 notification and in promoting the juniors in preference to him as borne by Ext.P4. As such it is declared that the petitioner is entitled to be promoted to the post of Meter Reader by virtue of his qualification, as stated above. The first respondent is hereby directed to pass necessary orders promoting the petitioner to the post of Meter Reader on the basis of his qualification, notwithstanding the absence of National Trade Certificate, if he is otherwise eligible, giving appropriate fixation on notional basis and protecting his seniority. The final orders in this regard shall be passed as expeditiously as possible and at any rate, within a period of three months from today. The Writ Petition is allowed as above. No cost. P.R. RAMACHANDRA MENON, JUDGE. lk