IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 14354 of 2011(T) --------------------------------------- PETITIONER(S): ------------------------ JOBIN CYRIAC,METER READER, ELECTRICAL SECTION, THALAYOLAPARAMBU,KOTTAYAM DISTRICT,R/AT THEKKEKKAROTTE HOUSE,MUZHOOR P.O, KOTTAYAM- 676 503. BY ADV. SRI.N.RADHAKRISHNAN RESPONDENT(S): -------------------------- 1. KERALA PUBLIC SERVICE COMMISSION, REP.BY THE SECRETARY , KERALA PUBLIC SERVICE COMMISSION, PATTAM,THIRUVANANTHAPURAM. 2. THE SECRETARY , KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. R1 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC R2 BY ADV.SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.14354/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE COMMUNICATION NO.ERV(3)/5952/2010/EW DATED 02/02/2011. P2 COPY OF THE SERVICE CERTIFICATE NO.EB 1/GENERAL/10-11 DATED 21/02/2011 P3 COPY OF THE LETTER NO.ERV(3)/5952/2010/EW DATED 25/04/2011. RESPONDENT'S EXHIBITS: R1(A) COPY OF THE NOTIFICATION DATED 30/6/2009. R2(A) COPY OF THE B.O. DATED 29/01/1971 R2(B) COPY OF THE NOTIFICATION DATED 30/06/2009. /TRUE COPY/ P.S.TO.JUDGE sts C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.14354 of 2011 ---------------------------------------- Dated 28th July, 2011 JUDGMENT This writ petition has been filed mainly challenging the action on the part of the first respondent in not including the name of the petitioner in the select list for appointment to the post of Junior Assistant/Cashier under the Kerala State Electricity Board (for short `KSEB'). The first respondent Commission invited applications for selection to the post of Junior Assistant/Cashier through appointment by transfer. The petitioner responded to the said notification. However, his name was not included in the select list as he belongs to the category of Meter Reader. It is in the said circumstances that this writ petition has been filed mainly seeking for issuance of a writ of mandamus commanding the first respondent to include the name of the petitioner in the select list of Junior Assistant/Cashier published pursuant to Ext.P1. The contention of the petitioner is that persons belonging to categories not included in the feeder category were also included in the list. Therefore, there is no reason for the non-inclusion of the petitioner in the select list. 2. The first respondent has filed a counter affidavit and the second respondent has filed a statement in this writ petition. In the WP(C).No.14354/2011 2 counter affidavit filed by the first respondent it has been specifically stated that as against the 15% of vacancies in the cadre of Junior Assistant/Cashier under the KSEB persons belonging to 8 categories of the subordinate staff of KSEB are eligible for seeking promotion through appointment by transfer. The said categories are the following:- “1. Binder 2. Attender 3. Duplicator Operator 4. Duffadar 5. Watchman (regular establishment) 6. Peon 7. Electricity Worker 8. Lineman Grade-I, Grade-II.” It is specifically stated in the counter affidavit that the post of Meter Reader is not included in the subordinate staff of KSEB for promotion to 15% of vacancies of Junior Assistant/Cashier. The same is the stand of the second respondent. The contention of the petitioner is that though the categories of Electricity Worker, Lineman Grade I & II and Full Time Contingent employee were not included in the feeder category non-inclusion of the category of Meter Reader amounts to discrimination. It was answered in paragraph 4 of the statement. It is submitted that subsequent to Ext.R2(a), B.O. dated 8.12.2004 was issued and as per the same the post of Electricity Worker was included WP(C).No.14354/2011 3 in the feeder category for appointment by transfer to the post of Junior Assistant/Cashier. Still, later, B.O dated 30.9.2005 was issued whereby the posts of Lineman Grade I & II and Full Time Contingent employee were also included in the feeder category. Therefore, the said contention of the petitioner regarding arbitrary discrimination is not sustainable. Thus, the admitted position is that the category of Meter Reader is not included in feeder category for appointment by transfer to the post of Junior Assistant/Cashier in KSEB. In the circumstances, I do not find any merit in this writ petition and it is liable to fail. Accordingly, it is dismissed. Sd/- C.T.RAVIKUMAR Judge TKS