IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 WP(C).No. 33824 of 2004(B) -------------------------------- PETITIONER: --------------- C.S.SAJEEV, JUNIOR ASSISTANT/ CASHIER, KSEB, ELE. SECTION, VELLAYAMBALAM, TRIVANDRUM, "USHAS", PONNUMANGALAM, SANTHIVILA, NEMOM P.O., THIRUVANANTHAPURAM-20. BY ADV. MR.GEORGE POONTHOTTAM MRS.PREETHA G. PILLAI RESPONDENTS: ----------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS CHAIRMAN, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. ADV. MR.ALEXANDER THOMAS,SC,KPSC FOR R2 MR.C.C.THOMAS, SC, K.S.E.B FOR R1 MR.K.S.ANIL, SC, KSEB FOR R1 MR. ASOK M.CHERIYAN, SC, KSEB FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33824 of 2004 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF APPOINTMENT ORDER NO.EBEW.34/95 DATED 14-8-95. EXT.P2: COPY OF PROCEEDINGS OF THE CHIEF ENGINEER (HRM) NO.EB4(a) 2001/96/PRO DATED 8-8-2001. EXT.P3: COPY OF THE B.O.NO.869/2002 (PR/Sports – I/VBM/36/2002) DATED 17-6-02. EXT.P4: COPY OF CERTIFICATES ISSUED BY R2 DTD 20-9-2000. EXT.P5: COPY OF THE REPRESENTATION DTD 31-5-2004 FILED BY THE PETITIONER BEFORE R1. EXT.P6: COPY OF THE NOTIFICATION NO.229/2004 ISSUED BY R2. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.33824 OF 2004 ------------------------------- Dated this the 23rd day of September, 2010 J U D G M E N T This writ petition is filed by the petitioner seeking the following reliefs: “i) issue a writ in the nature of certiorari calling for the records leading to Ext.P3 and to pass appropriate orders in the interest of justice. ii) issue a writ in the nature of mandamus directing the 2nd respondent either to exempt the petitioner from appearing for the suitability test in view of the pass in the departmental test evidenced through Ext.P4 or in the alternative accept the request of the 1st respondent to exempt all the employees who have passed the departmental test from appearing for the suitability test. iii) issue a writ directing the 2nd respondent to conduct the suitability test to persons like the petitioner who are promoted in recognition of their excellence or to include persons like the petitioner to participate in the test as notified through Ext.P6”. The petitioner sought promotion to the post of Junior Assistant/Cashier, in respect of which the question of permission to participate in the suitability test to be conducted pursuant to Ext.P6, arose. Pursuant to the interim order dated 14.3.2005, the petitioner has been permitted to participate in the suitability W.P.(c)No.33824/04 2 test. But the learned Standing Counsel for the Board produces before me a Board order dated 6.7.2005, wherein it is stated thus: “ Having considered the note read as 2nd paper above, sanction is accorded to exclude the sports recruits in the Board from the requirement of Suitability Test for promotion to the cadre of Junior Assistant/Cashier. 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 or Pre- degree having length of service of 3 years, in the pay 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 regularised in that post on satisfactory completion of the training and prescribed probation period'. 3) Necessary posting orders will be issued by the Chief Engineer – HRM, K.S.E.Board”. According to the learned Standing Counsel, in view of that order, the petitioner is exempted from passing the suitability test and therefore, the petitioner was not liable to pass the suitability test at all. By Ext.P3, the petitioner has been provisionally promoted subject to the passing of the suitability test. In so far as by Board order dated 6.7.2005, the person like the petitioner has been exempted from passing the suitability test, I am of opinion that the petitioner’s promotion W.P.(c)No.33824/04 3 as Junior Assistant/Cashier by Ext.P3 is liable to be confirmed. It is declared so and the writ petition is disposed of. S. SIRI JAGAN, JUDGE acd W.P.(c)No.33824/04 4