IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 31902 of 2004(W) -------------------------- PETITIONER(S): --------------- 1. SHRI N.S.KANNADAS, LINEMAN I, ELECTRICAL SUB DIVISION, K.S.E.BOARD, PARALI, PALAKKAD. 2. SHRI K.BALASUBRAMANIAN, LINEMAN I, ELECTRICAL SECTION, K.S.E. BOARD, SHORNUR, PALAKKAD. 3. SHRI PRAKAS C., LINEMAN II, T.M.R. DIVISION, K.S.E.BOARD, SHORNUR, PALAKKAD. 4. SHRI JOJI A.J., LINEMAN II, ELECTRICAL SECTION, K.S.E.BOARD, KOOTHAKURUSSI, PANAMANNA P.O., PALAKKAD. BY ADV. SRI.S.RAMESH BABU RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM), VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. SHRI.C.K.KARUNAKARAN, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2008, THE COURT ON 03/12/2008 DELIVERED THE FOLLOWING: W.P(C).No. 31902/04. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE CIRCULAR DTD.23.11.00. P2. COPY OF THE PROMOTION ORDER DTD.29.1.01. P3. COPY OF THE ORDER OF R2 DTD.7.2.03. P4. COPY OF THE CIRCULAR DTD.16.9.04. P5. COPY OF THE ORDER OF R2 DTD.15.1.05. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.31902 of 2004 ================== Dated this the 3rd day of December, 2008 J U D G M E N T The petitioners are employees of the Kerala State Electricity Board, who are qualified to be considered for promotion to the 25 per cent quota reserved in the category of Meter Readers for employees in the lower scales of pay holding ITI qualification. By Ext.P1 circular dated 23.11.2000, the KSEB invited applications from among the qualified employees in the lower scales of pay for being considered for promotion to the post of Meter Readers in the quota reserved for employees of the KSEB. The petitioners also applied. However, they were not selected for promotion since they did not come within the rank in accordance with the vacancies available. By Ext.P2 order, 328 persons were promoted as Meter Readers. At that time O.P.No.21479/2000 and W.A.No.536/2002 were pending before this Court in respect of filling up of vacancies of Overseers (Electrical) also under the 25 per cent quota set apart for promotion from among employees in the lower scales of pay in the Board. Pursuant to the judgment in those cases, some of the persons included in Ext.P2 also became eligible for appointment as Overseers. By Ext.P3 order dated w.p.c.31902/04 2 7.2.2003, 375 persons were so promoted, but with retrospective notional effect from 15.11.1999. Out of the 375 persons promoted as Overseers, 277 persons were those persons promoted as Meter Readers as per Ext.P2. As a result, those 277 persons appointed as per Ext.P2 promotion list as Meter Readers were promoted with retrospective effect from 15.11.1999 as Overseers. According to the petitioners, since the 277 persons included in Ext.P2 promotion list had been promoted with retrospective effect from 15.11.1999, as on the date of issuing of Ext.P2, viz., 29.1.2001, there were 277 vacancies of Meter Readers, which ought to have been filled up from among the qualified persons available for such promotion as on the date of Ext.P1, viz., 23.11.2000. However, the Board, by Ext.P4 dated 16.9.2004, invited applications for filling up those vacancies also and pursuant thereto, Ext.P5 promotion list has been prepared promoting 260 persons as Meter Readers. The petitioners are challenging Ext.P5 order of promotion and seeking the following reliefs: “a. issue a writ of mandamus commanding the respondents to forthwith fill up the 277 vacancies in the category of Meter Readers available to the 25% quota for employees of the Board having ITI qualification from among persons who had applied w.p.c.31902/04 3 pursuant to Ext.P1 based on their qualifications and seniority. b. issue a writ of mandamus commanding the respondents not to fill up 277 vacancies covered by prayer No.(a) above from any list that may be prepared pursuant to Ext.P4. c. issue a writ of mandamus commanding the respondents to fill up all further vacancies arising after 23.11.2000 solely from among persons who hold the ITI qualification as on the date of occurrence of each vacancy subject to seniority. d. issue a writ of mandamus commanding the respondents to reckon seniority for the purpose of promotion to the 25% quota in the category of Meter Readers from among employees of the Board having the prescribed qualifications solely on the basis of the dictum in the decision of the Hon'ble Supreme Court in Civil Appeal No.884 of 2002. e. issue a writ of certiorari calling for records leading upto Ext.P5 and quash the same in so far as to the 227 vacancies in the category of Meter readers in the 25% quota which arose as a result of Ext.P2 and P3 promotions are ordered of persons like the 3rd respondent who were not qualified and who did not applied [sic] pursuant to Ext.P1.” 2. As I have stated, the contention of the petitioners is that pursuant to Ext.P3 order of promotion of 277 persons included in Ext.P2 list of Meter Readers, so many vacancies of Meter Readers were actually available on the date of issuing of Ext.P1 and therefore, only those persons who had the requisite qualification as on the date of Ext.P1 can be validly considered for promotion to the post of Meter Readers and not persons who were qualified subsequently and included in Ext.P5 promotion list. w.p.c.31902/04 4 3. The Board has filed a statement in which the facts are admitted. It is admitted that on 7.2.2003 promotions were made to the post of Overseers with retrospective effect from 15.11.1999 and that some of the persons included in Ext.P2 promotion list also were so given promotion retrospectively with effect from 15.11.1999 as Overseers. But their contention is that resultant vacancies in the post of Meter Readers arose only on 7.2.2003 and not before, as contended by the petitioners, and therefore, all the persons eligible for being considered for promotion to the post of Meter Readers as on 7.2.2003 are eligible to be so considered. Persons who were qualified as on 7.2.2003, which is the date of occurrence of vacancy, have been included in Ext.P5 promotion list is the contention raised. Therefore, according to the Board, there is no merit in the contention that 277 vacancies of Meter Readers have to be filled up from among persons who were qualified as on the date of Ext.P1 only can be considered for appointment to those vacancies. 4. I have considered the rival contentions in detail. 5. As I have stated, facts are not disputed. By Ext.P2, w.p.c.31902/04 5 328 persons were promoted as Meter Readers. Pursuant to Ext.P3 dated 7.2.2003, 277 persons included in Ext.P2 have been promoted as Overseers with effect from 15.11.1999. But I am of opinion that that does not automatically mean that the vacancies in the post of Meter Reader also simultaneously arose on 15.11.1999. The persons promoted as per Ext.P3 were working as Meter Readers till 7.2.2003. They vacated the post of Meter Readers only on 7.2.2003 pursuant to Ext.P3. Therefore, although they were promoted with retrospective effect from 15.11.1999, the resultant vacancies in the post of Meter Readers arose only on 7.2.2003 and not a day before. Therefore, the contention of the petitioners that the vacancies of Meter Readers consequent to Ext.P3 order of promotion arose as early as on 15.11.1999 has no merit. Since the entire original petition is based on the assumption that the vacancies in the post of Meter Readers arose on 15.11.1999 and not 7.2.2003, all other contentions raised in the original petition fail. Accordingly, the original petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.31902/04 6