IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 WP(C).No. 38017 of 2010(B) ------------------------------- PETITIONERS: --------------- 1. V.P.SREEJITH, SENIOR FAIR COPY ASSISTANT, OFFICE OF THE CHIEF ENGINEER, TRANSMISSION NORTH, VYDYUTHI BHAVANAM, GANDHI ROAD KOZHIKODE-673011. 2. BIJINU.K., SENIOR FAIR COPY ASSISTANT, OFFICE OF THE CHIEF ENGINEER,TRANSMISSION NORTH, VYDYUTHI BHAVANAM, GANDHI ROAD, KOZHIKODE-673011. 3. C.REMANI, SENIOR FAIR COPY ASSISTANT, OFFICE OF THE EXECUTIVE ENGINEER APTS, NORTHERN REGION, GANDHI ROAD, KOZHIKODE-673032. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENTS: ----------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695004. 2. CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695004. BY ADV. SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.38017 OF 2010 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TUE PHOTOSTAT COPY OF THE ORDER NO.EB5/JFCA/RP/2001/01/TVM DATED 4.2.2002 EXT.P2 TRUE COPY OF THE FAX MESSAGE DATED 4.3.2002 SENT BY THE DEPUTY CHIEF ENGINEER EXT.P3 TRUE COPY OF THE JUDGMENT IN WP(C) NO.23830 OF 2004 DATED 12.8.2004 EXT.P4 TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 7.1.2005 EXT.P5 TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 18.12.2007 EXT.P6 TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT DATED 18.12.2007 / TRUE COPY / S.SIRI JAGAN, J. ---------------------------------------------- W.P(C).No.38017 of 2010 ---------------------------------------------- Dated this the 11th day of February, 2011 JUDGMENT Petitioners were promoted as Senior Fair Copy Assistant on 4.2.2002 by Exhibit P1 on the basis of a settlement arrived between the Union of employees of the Kerala State Electricity Board and the Kerala State Electricity Board. By Exhibit P2 order, those promotions were kept in abeyance. Despite favourable orders in similar Writ Petitions, the petitioners have not been given the benefits of promotion, is the grievance of the petitioners in this Writ Petition. 2. The second respondent has filed a statement, which reads as follows: “3. The petitioners were working as Junior Fair Copy Assistants in the KSE Board. As per Long Term Settlement dated29.08.2000, KSE Board revised the ratio between Junior Fair Copy Assistants and Senior Fair Copy Assistants as 1:1 with effect from 01.08.2000. Subsequently based on the revised ratio, 123 Junior Fair Copy Assistants (Including the petitioners) were promoted to the cadre of Senior Fair Copy Assistants as per order dated 04.02.2002. 4. Since the restructuring of Board was going on, to reassess the manpower, the above promotion order was kept in abeyance vide order 2 No.EB5/JFCA/RP/KA/2002 dated 04.03.2002. Consequent on restructuring, the sanctioned strength of Fair Copy Assistants were reduced and hence the withheld promotion order was not released. 5. Challenging the order, Smt.P.Bindu, one of the Fair Copy Assistants in the ratio promotion order dated 04.02.2002, preferred O.P. No.33514/2001. As per the judgment dated 17.07.2003, the above OP was allowed by this Hon'ble Court. The same judgment was followed in subsequent cases. 6. It is true that the first petitioner in this writ petition has made a representation before the office of the 2nd respondent to extend the benefits granted to the petitioners in O.P. 33514/2002, which has been taken up with the Board the same is pending consideration before the Board.” In view of the averments in the statement, the second respondent is directed to consider the claim of the petitioners in the light of the judgment in O.P.No.33514 of 2002 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. S.SIRI JAGAN, JUDGE vgs