IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 2599 of 2009(H) ----------------------------------------- PETITIONER(S): ------------------------- K.K. MOHANAN, S/O. BALAN NAMBIAR, AGED 45 YEARS, OTHOYOTH HOUSE, CHUNDAKUNU.P.O, CHEMPERI (VIA) KANNUR DISTRICT, NOW WORKING AS ELECTRICITY WORKER (MAZDOOR), ELECTRICAL CIRCLE, SREEKANDAPURAM. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): ---------------------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS MANAGING DIRECTOR, VYDHUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM), VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. ADV. SRI. K.S.ANIL, SC, KSEB FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2599/2009-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of January, 2009 J U D G M E N T The petitioner is an ex-serviceman who got appointment as an Electric Worker (Mazdoor) in the Kerala State Electricity Board. In course of time, he was promoted as Lineman Grade-II. As per Ext.P1, his probation was also declared. Later he was selected for the post of Security Guard in the State Bank of Travancore, which is evidenced by Ext.P2. According to him, he had joined duty between 10-15 November, 2004. Even though, the petitioner filed application for a relieving order, the same was issued on 15/12/2004. Therefore, the petitioner did not get permanent appointment in the bank. According to him, he was permitted to work in the bank only on daily wages. The petitioner thereafter submitted a representation before the second respondent for allowing him to rejoin duty as lineman Grade-II (Ext.P4). This was permitted by the first respondent as evidenced by Ext.P5. He was treated as a fresh recruit and it was informed that his previous service would be counted only for pension. According to him, when he went to rejoin duty, he was placed under the category Electric Worker (Mazdoor), and he has chosen to join duty since he was left without any other option. W.P.(C) No.2599/2009 -:2:- 2. Presently, the request made by the petitioner is for re- designating him as Lineman Grade-II with retrospective effect from the date of rejoining. Ext.P6 is the representation said to have been filed by him. The Deputy Chief Engineer of the Electrical Section, Electrical Circle, Sreekandapuram has forwarded Ext.P7 report dated 15/03/2008, to the second respondent about the factual aspects leading to the appointment and other matters concerning service details of the petitioner. 3. All that the petitioner seeks is for a direction to the second respondent to consider and pass orders on Ext.P6 in accordance with law. There will be a direction to the second respondent to consider and pass orders on Ext.P6, if the same is still pending, within a period of three months from the date of receipt of the copy of the judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms