IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 22243 of 2009(A) ---------------------------------------- PETITIONER(S): ------------------------ 1. P.S.SURESHNATH, SENIOR ASSISTANT, ELECTRICAL DIVISION, CHALAKUDY, THRISSUR DISTRICT. 2. RADHA.N., SENIOR ASSISTANT, ELECTRICAL CIRCLE, VAIDYUTHI BHAVANAM, THRISSUR. 3. PRASANNAKUMARY.K.M., SENIOR ASSISTANT, O/O.MEMBER DISTRIBUTION, VAIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 4. SUSHA.T.K., AGED 48 YEARS, SENIOR ASSISTANT, ELECTRICAL SECTION, EDAMUTTAM, THRISSUR DISTRICT. 5. SATHYAN.P.V., SENIOR ASSISTANT, ELECTRICAL SECTION, CHALISSERY. 6. SEETHA.M.G., SENIOR ASSISTANT, GENERATION CIRCLE, VAIDYUTHI BHAVANAM, THRISSUR. 7. SUBASH.M.D., SENIOR ASSISTANT, TRANSMISSION CIRCLE, VAIDYUTHI BHAVANAM, THRISSUR. 8. AJITHA.T.K., SENIOR ASSISTANT, REGIONAL AUDIT OFFICE, PERUMBAVOOR. Kss ..2/- ..2... WPC.NO.22243/2009 A 9. BINDHU.A.G., SENIOR ASSISTANT, ELECTRICAL SECTION, MATHILAKAM, THRISSUR DISTRICT. 10. USHA.M.K., SENIOR ASSISTANT, ELECTRICAL SECTION, KOMBODINJAMAKKAL, THRISSUR DISTRICT. BY MR.M.M.ABDUL AZIZ, SENIOR ADVOCATE, BY ADV.MR.M.A.ABDUL HAKHIM, MR.JYOTHISH.J.KALLINGAL. RESPONDENT(S): --------------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-4. 3. THE CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-4. R1 TO R3 BY ADV.MR.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22243/2009 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE B.O.(FB) NO.428/2004/ESST.V/4319/2000 TVM. P2: COPY OF THE B.O.(FB) NO.628/2007/PSI/101/2006. P3: OCPY OF THE RELEVANT PAGES OF THE MEMORANDUM OF SETTLEMENT. P4: COPY OF THE JUDGMENT IN WPC.NO.15796/2008 (E) DIRECTING THE PETITIONER THEREIN TO SUBMIT FRESH REPRESENTATION BEFORE THE BOARD. P5: COPY OF THE REPRESENTATION ADDRESSED TO THE CHIEF ENGINEER. P6: COPY OF THE ORDER STATING THAT THE APPOINTMENT OF PHYSICALLY HANDICAPPED PERSONS IN 3% RESERVATION CAN BE MADE ONLY THROUGH SPECIAL EMPLOYMENT EXCHANGES. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No.22243 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2010 J U D G M E N T The petitioners are working as Senior Assistants at different stations under the first respondent. They are physically handicapped persons. This writ petition has been filed mainly with a prayer to set aside Ext.P6. 2. The further prayer is for issue of a Writ of mandamus commanding respondents to promote the petitioners as Senior Superintendents in the 3% reservation quota under Exts. P1 to P3. The petitioners have requested for promotion reckoning the fact that they are physically handicapped, personnel in the category of Senior Assistants and they are fully qualified for promotion to the post Senior Superintendents. It is further contended 3% vacancies in the KSEB in the posts declared as suitable for such appointments in terms G.O.(P)20/98 dated 14.7.1998 are set apart for persons like the petitioners, as per Exts.P1 to P3. A similar issue was considered by this court in WPC 34028/2005. After considering the entitlement of the petitioners therein in the light of the board orders and the settlement, this Court disposed of the writ petition with specific directions. i. As the Expert Committee has already been constituted there will be a direction to the KSE Board to finalise the process of identifying the promotion post which reserved for promoting the petitioners and similarly situated persons, within two months from today. ii. On completing the process of identifying promotion WPC.22243 of 2009 : 2 : post within the above stipulated time, the grievance of the petitioners shall be considered within one month thereafter and appropriate orders shall be issued by the KSE Board. iii. At the time of passing orders as per the second direction, the Board shall also consider the claim of the petitioners with respect to the seniority, considering the fact that they were agitating the issue when their promotion became due. 3. Learned counsel for the petitioner submits that the case of the petitioners herein are similarly situated to the petitioners in the WPC 34028/2005 and therefore it is only appropriate to direct the respondent to consider their claims as well in the light of the directions in WPC34028/2005, as extracted above. 4. In the circumstances, there shall be a direction to the respondents to consider the claim of the petitioners in the light of the directions in WPC34028/2005 extracted above and pass orders within a period of two months from the date of receipt of a copy of this judgment. This writ petition is accordingly, disposed of. (C.T. RAVIKUMAR, JUDGE) jma