IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 WP(C).No. 31629 of 2011(C) ----------------------------------------- PETITIONER(S): ------------------------- P.VIJAYAN, AGED 43 YERS,S/O.PONNAYYA,WORKING AS ELECTRICITY WORKER,IN THE OFFICE CHIEF ENGINEER,HRM, VYDUTHI BHAVAN,KSEB, PATTOM,THIRUVANANTHAPURAM, RESIDING AT ADUMANCADU,PARISSIKKAL PO, THIRUVANANTHAPURAM. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA.REPRESENTED BY ITS SECRETARY,POWER DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 2. THE CHIEF ENGINEER,HRM, KERALA STATE ELECTRICITY BOARD, VYDUTHI BHAVAN,PATTOM,THIRUVANANTHAPURAM 695 004. 3. THE CHAIRMAN,KERALA STATE ELECTRICITY BOARD,PATTOM,THIRUVANANTHAPURAM 695 004. R1 BY GOVERNMENT PLEADER SRI. LIJU STEPHEN R2 & R3 BY ADV. SRI. K.S. ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.31629/2011 C APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE EXPERIENCE CERTIFICATE OBTAINED FROM THE KERALA STATE ROAD TRANSPORT CORPORATION DATED 8/1/2008 EXHIBIT P2 A TRUE COPY OF THE POSTING ORDER OF THE PETITIONER DATED 1/1/2010. EXHIBIT P3 A TRUE COPY OF THE ORDER NO.VMC/328/ESTT/2010-2011 DATED 7/3/2011 OF THE 3RD RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE NOTE PREPARED BY THE CHIEF ENGINEER (HRM),DATED 28/4/2010 DELINEATING THE METHOD OF PROMOTION, CADRE STRENGTH AND SOURCE OF RECRUITMENT. EXHIBIT P5 A TRUE COPY OF THE PROCEEDINGS NO.EB4 (C)10/2010 DATED 20/11/2000 OF THE KSEB. EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED 17/8/2010 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION DATED 2/1/2011 SUBMITTED BY THE PETITIONER TO THE HONOURABLE MINISTER FOR ELECTRICITY. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO:31629 OF 2011 ----------------------------------------------------------- Dated this the 28th November, 2011. JUDGMENT The petitioner joined the service of the Kerala State Electricity Board ('KSEB' for short) as an Electricity Worker after having worked as an empanelled Driver in the Kerala State Road Transport Corporation for 16½ years. He has filed this writ petition claiming that he is entitled to be promoted to the post of Driver Grade II in the KSEB in the quota set apart for electricity workers. At present, the petitioner is posted as an electricity worker under the second respondent. Though he has been submitting representations to the various authorities including the Minister seeking promotion, he complains that no orders have been passed on his representation, till date. According to the petitioner, he has worked as a Driver in various offices. Ext.P6 representation submitted by him is pending before the third respondent. The counsel for the petitioner seeks the issue of a direction to consider and pass orders on Ext.P6. WPC No.31629 of 2011 2 2. Adv.K.S.Anil who appears for the KSEB submits that the Chief Engineer being the appointing authority is the proper person to consider and pass orders on Ext.P6. The counsel for the petitioner submits that Ext.P6 has submitted to the third respondent who is the higher authority, for the reason that the petitioner is presently working in the office of the second respondent. However, the counsel assures that Ext.P6 would be considered and appropriate orders passed, without delay. 3. This writ petition is, in the above circumstances, disposed of directing the third respondent to consider the claim of the petitioner set out in Ext.P6, in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. sd/- K. SURENDRA MOHAN Judge css/ true copy P.A.TO JUDGE