IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 WP(C).No. 10986 of 2004(G) ---------------------------------------- PETITIONER(S): ------------------------- 1. P.M.THOMAS, ASSISTANT EXECUTIVE ENGINEER, SUB STATION SUB DIVISION, PAYYANNUR, KANNUR. 2. R.SUKU, ASSISTANT EXECUTIVE ENGINEER, PANNIAR GENERATION SUB DIVISION, VELLATHOVAL.P.O., ADIMALY, VIA IDUKKI DISTRICT. 3. V.BRIJLAL, ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, VAIKOM, KOTTAYAM DIST. 4. P.K.PREMKUMAR, ASSISTANT EXECUTIVE ENGINEER, SUB LOAD DESPATCH CENTRE, VAIDHYUTHI BHAVANAM, THIRUVANANTHAPURAM. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VAIDHYTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. P.KUMARAN, EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, T.C.DIVISION,MALAPPURAM. 4. N.VENUGOPAL, EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, GENERATION DIVISION, EDAMALAYAR. 5. K.K.JAYAKUMARI, EXECUTIVE ENGINEER (TECHNICAL ASSISTANT) OFFICE OF MEMBER DISTRIBUTION, THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI.C.K.KARUNAKARAN, SC, KSEB R3 TO R5 BY ADVS.SRI.M.C.CHERIAN, SMT.SARAMMA CHERIAN, SMT.ASHA CHERIAN, SRI.E.D.GEORGE, SRI.P.M.SANEER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10986/2004 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE POSTING ORDER DTD. 28/08/1997 ISSUED TO THE 1ST PETITIONER BY 2ND RESPONDENT. P2: COPY OF THE POSTING ORDER DTD. 28/08/1997 ISSUED TO THE 2ND PETITIONER BY THE 2ND RESPONDENT. P3: COPY OF THE POSTING ORDER DTD. 28/08/1997 ISSUED TO THE 3RD PETITIONER BY THE 2ND RESPONDENT. P4: COPY OF THE ADVICE MEMO DTD. 29/12/97 ISSUED TO THE 4TH PETITIONER. P5: COPY OF THE ORDER DTD. 27/03/1998. P6: COPY OF THE ORDER DTD. 20/02/2004. P7: COPY OF THE PROCEEDINGS DTD. 1/08/2002 ISSUED BY THE 2ND RESPONDENT. P8: COPY OF THE PROVISIONAL SENIORITY LIST OF ASSISTANT EXECUTIVE ENGINEERS DTD. 23/11/83. RESPONDENT'S EXHIBITS: R3(A): COPY OF PROCEEDINGS/ORDER NO.EB/Gr.3/AEE (ELE.)99 DTD. 13/9/2001 OF CHIEF ENGINEER. R3(B): COPY OF MEMO/ORDER DTD. 23/12/93 OF CHIEF ENGINEER. /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.10986 of 2004 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of September, 2010 J U D G M E N T The counsel for the petitioners has filed a memo which reads as follows: “Petitioners in the above case have informed that subsequent to the judgment dated 25.08.2009 in W.P.(C) No.17937/2009, they are promoted to the post of Deputy Chief Engineer. In view of this position, the petitioners do not want to proceed with the W.P.(C) at present. However, they have contentions with respect to seniority, which may be permitted to be agitated as and when required. Hence, it is most respectfully prayed that this Hon'ble Court may be pleased to close the above writ petition leaving open the petitioners' contentions regarding assignment of seniority.” Accordingly the writ petition is closed without prejudice to the right of the petitioners to seek appropriate remedies regarding claims for seniority appropriately. S. SIRI JAGAN JUDGE shg/