IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 20705 of 2008(M) -------------------------- PETITIONERS ------------ 1. SIBI LUKOSE, METER READER, ELECTRICAL SECTION, KSEB, PONKUNNAM, KOTTAYAM. 2. ULLAS .N.P., METER READER, ELECTRICAL SECTION KSEB, VAZHOOR, KOTTAYAM 3. SYAMLAL.S., METER READER, ELECTRICAL SECTION, KSEB, PALIKUNNU, KANNUR BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENTS: ------------- 1. KSEB (KSEB IN SHORT), REP. BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM 2. THE CHIEF ENGINEER,(HRM), KSEB, VYDYUTHI BHAVANAM, PATTOM THIRUVANANTHAPURAM. BY SC, KSEB, SRI. K.S. ANIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 20705 of 2008 -------------------------- Dated this the 10th July, 2008 J U D G M E N T Petitioners are working as Meter Readers in the K.S.E.B. According to them, the method of appointment and qualification of Meter Reader in K.S.E.B provides that 75% vacancies of Meter Readers are to be filled up by direct recruitment and 25% by promotion from board employees below the pay scale of Meter Reader having the prescribed qualifications. According to the petitioners in 1999, 375 vacancies were identified for the 25% departmental quota and applications were invited from eligible persons. But appointment was not actually effected. Subsequently Exhibit P1 notification was issued in which board employees below the post of Meter Readers were treated as eligible to be considered. Petitioners were considered pursuant to Exhibit P1 Circular and they were promoted as Meter Readers by Exhibit P2 order dated 7.2.2001. These 359 persons W.P ( C) No. 20705 of 2008 2 persons were promoted as Meter Readers as per Exhibit- P2. There was certain persons who had already applied for the post of Overseers under 25% quota based on the Circular issued in 1999, some of the Board employees who were aspiring for the post of Overseer had approached this Court and pursuant to the direction issued by this Court, they were promoted as Overseers under 25% quota. But they were given retrospective effect from 9.9.1999 going by Exhibit P3 order. In the result, 284 persons out of 359 persons who were promoted as Meter Readers as per Exhibit P2 came to be included in Exhibit P3 list of Overseers and the remaining 75 persons continued as Meter Readers. According to the petitioners, their applications for appointment as Meter Readers were pending. But their promotion as Meter Readers came about only on 15.1.2005. Referring to the fact that the persons who were promoted as Overseers on 7.2.2001 were given retrospective effect from 9.9.1999, petitioners sought for re-fixation of their seniority in the cadre of Meter Reader with effect from 29.1.2001. Exhibits P4 to W.P ( C) No. 20705 of 2008 3 P6 applications are pending in this regard before the 2nd respondent. I heard learned counsel for the petitioners and learned Government Pleader. I have perused the averments in the writ petition as also the representations. The question as to whether the Board had decided to fill up the vacancies of Meter Readers in 2001 corresponding to the date of effective promotion given to those persons who were promoted as Overseers under Exhibit P3 order is one of the issues that will have to be considered by the 2nd respondent. In the result, the writ petition is disposed of directing the 2nd respondent to consider the request made by the petitioners in Exhibits P4, P6 and P7 and take a decision thereon, within a period of three months from the date of receipt of a copy of this judgment. (V.GIRI, JUDGE) ma W.P ( C) No. 20705 of 2008 4 W.P ( C) No. 20705 of 2008 5