IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 25217 of 2003(B) --------------------------------------- PETITIONER: ------------------- REJU.R., ASSISTANT EXECUTIVE ENGINEER (CIVIL), OFFICE OF THE DEPUTY CHIEF ENGINEER, INVESTIGATION CIRCLE, KERALA STATE ELECTRICITY BOARD, THRISSUR. BY ADVS. MR.DEVAN RAMACHANDRAN, MR.K.M.ANEESH. RESPONDENTS: ------------------------ 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, THIRUVANANTHAPURAM - 695 004. 2. CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, THIRUVANANTHAPURAM - 695 004. 3. SHRI. V.UNNIKRISHNAN, EXECUTIVE ENGINEER (CIVIL), KERALA STATE ELECTRICITY BOARD, ACCOUNTS CLOSING UNIT, KOTTARAKKARA. 4. SHRI.P.P.KURIAKOSE, EXECUTIVE ENGINEER (CIVIL), KERALA STATE ELECTRICITY BOARD, BUILDINGS AND STORES, ANGAMALY. 5. R.HARIDASAN, EXECUTIVE ENGINEER (CIVIL), KERALA STATE ELECTRICITY BOARD, OFFICE OF THE CHIEF ENGINEER, (TRANSMISSION-SOUTH), THIRUVANANTHAPURAM - 695 004. W.P.(C). NO.25217/2003-B: *6. J.CHRISTUDAS, EXECUTIVE ENGINEER (CIVIL), KERALA STATE ELECTRICITY BOARD, OFFICE OF THE CHIEF ENGINEER, (DISTRIBUTION-SOUTH), POWER HOUSE BUILDINGS, THIRUVANANTHAPURAM - 695 023. *THE NAME OF 6TH RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER DATED 25/07/08 IN I.A. NO.9704/08. R1 & R2 BY MR.C.K. KARUNAKARAN, SC, KSEB, R3 BY ADVS. MR.R.SREERAJ, MR. M.R.SUDHEENDRAN, MR.M.R.HARIRAJ, SMT.REKHA VASUDEVAN, SMT.VINEETHA B. R5 BY ADVS. MR.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25217/2003-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 26/04/2003 OF R.1. EXT.P.2: COPY OF THE ORDER DTD. 16/07/2003 OF R.1. EXT.P.3: COPY OF THE ORDER DTD. 10/11/1995 ALONG WITH THE SENIORITY LIST OF ASSISTANT ENGINEERS AS ON 01/11/1995 PUBLISHED BY CHIEF ENGINEER (CIVIL). EXT.P.4: COPY OF THE ORDER DTD. 19/12/2000 ALONG WITH THE SENIORITY LIST PUBLISHED BY CHIEF ENGINEER (CIVIL). EXT.P.5: COPY OF THE REPRESENTATION DTD. 15/11/95. EXT.P.6: COPY OF THE REPRESENTATION DTD. 21/04/03 TO THE CHIEF ENGINEER (HRM). EXT.P.7: COPY OF THE REPRESENTATION DTD. 30/04/03 TO THE CHIEF ENGINEER (HRM). EXT.P.8: COPY OF THE REPRESENTATION DTD. 21/05/2003 TO R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC,J. --------------------- W.P.(C).No.25217 OF 2003 ------------------------ Dated this the 13th day of July, 2009. JUDGMENT Challenge in this writ petition is against Exts.P1 and P2. Petitioner, a graduate Engineer, was appointed as Assistant Engineer in the Board , with effect from 4.3.1993. On 14.2.1995 he was promoted as Asst. Executive Engineer and on 10.3.2000 he was promoted as Executive Engineer. Thereafter, on 26.4.2003, by Ext.P1 he was reverted as Assistant Executive Engineer and on the same date Ext.P2 order was issued promoting the 3rd respondent as Executive Engineer. 2. Exts.P3 and P4 are two provisional seniority lists of Assistant Engineers. It is stated that, against Ext.P3, petitioner submitted Ext.P5 objection dated 15.11.1995 and that on the basis of the aforesaid erroneous provisional seniority lists reversion has been ordered and promotion of WP(c).No.25217/03 2 the 3rd respondent was effected. Petitioner also contends that if the seniority was fixed, applying the ratio correctly, he is entitled to seniority over respondents 3 to 6. 3. Admittedly, Ext.P3 seniority list was published in 1995 and the claim of the petitioner is that he objected Ext.P3 by filing Ext.P5. A reading of paragraph 9 of the counter affidavit filed by the respondents show that before 14.12.1995, they had not received any objection to Ext.P3 seniority list of the petitioner. Petitioner also has not produced anything to indicate that Ext.P5 objection was received by any officer of the Board. In such circumstances, I must conclude that the petitioner did not file any objection to Ext.P3. 4. In any case, even otherwise, the petitioner has not produced anything to indicate that any objection has been filed against Ext.P4 provisional seniority list. In such circumstances, at this late stage, the petitioner cannot have any grievance against Exts.P3 and P4 provisional seniority lists, on the basis of which Exts.P1 and P2 order of reversion WP(c).No.25217/03 3 was passed. 5. Therefore the prayer sought for in this writ petition for quashing Exts.P1 and Ext.P2 cannot be granted. For the same reason, prayers for preparing a fresh seniority list and selection list also cannot be granted. 6. Petitioner also contends that even going by Exts.P3 and P4, the 4th respondent is junior to him and that he has been given promotion overlooking the seniority of the petitioner. This is a matter for the petitioner to take up before the 2nd respondent and it is directed that, if a representation in this behalf is made, the 2nd respondent shall consider this grievance with notice to the 4th respondent Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/