IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 10718 of 2009(H) -------------------------- PETITIONER(S): --------------- 1. UNNI KRISHNAN NAMBOOTHIRI M.S., MADAVANA ILLAM, KURICHI P.O., WORKING AS CASHIER, ELECTRICLA SECTIOR, THRIKKODITHANAM, CHANGANASSERY, KOTTAYAM. 2. AJITH.R., SON OF R.REGHUNATHAN, SAUPARNIKA, EDAYAKKODU, PRAVACHAMBALAM, NEMAM PO, WORKING AS CASHIER, ELECTRICAL SECTION, NEMAM, THIRUVANANTHAPURAM. 3. JAWAHAR A.K., KARAMEL VEEDU, AAVANISWARAM R.S. P.O., KUNNIKODU, KOLLAM, WORKING AS CASHIER, SYSTEM SUPERVISOR, ELECTRICAL DIVISION, PUNALOOR. BY ADV. SRI.T.P.SAJAN SRI.M.MOHAMED NAVAZ SRI.L.ALOYSIUS THOMAS RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDHUTHI BHAVAN, K.S.E.BOARD, PATTOM, TRIVANDRUM. 2. THE CHIEF ENGINEER (HRM), GENERAL VAIDHUTHI BHAVAN, PATTOM, TRIVANDRUM. 3. EXECUTIVE ENGINEER, O/O. EXECUTIVE ENGINEER, KSEB ELECTRICAL DIVISION, CHANGANASSERY. 4. EXECUTIVE ENGINEER, O/O.EXECUTIVE ENGINEER, KSEB ELECTRICAL DIVISION, NEYYATINKARA. 5. EXECUTIVE ENGINEER, O/O EXECUTIVE ENGINEER, KSEB ELECTRICAL DIVISION, PUNALOOR. BY STANDING COUNSEL SRI.K.S.ANIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No.10718 of 2009 --------------------------------------------------- Dated this the 1st day of April, 2009 JUDGMENT The petitioners 1, 2 and 3 are presently working as Cashiers in the various offices under the 1st respondent. While they were working as Lineman Grade I, they were provisionally promoted as Cashiers against the 20% quota earmarked for lower grade employees. 2. As per the Board order No.1439/95/Estt.II/2185/90 dated 14.07.1995 employees who are working in the lower grade and who are having SSLC with 5 years experience or PDC with 3 years experience are eligible for promotion to the post of Junior Assistant/Cashier on passing the suitability test conducted by the PSC. The Commission conducted the suitability test on 16.11.2004 but the category of Lineman Grade I and II were not included in the notification. This resulted in a challenge of the same in W.P.(C) No.19844/2007 and pursuant to the directions issued by this Court, a test was conducted by the Commission. The petitioners appeared for the test and the results were published on 30.7.2008 and all the 3 petitioners wpc/10718/2009 2 have passed the eligibility test. Petitioners were thereafter appointed to the post on a regular basis. Thereafter, the petitioners raised a contention that they are entitled to be regularized in the post of Junior Assistant/Cashier from 2.2.2008 in accordance with the provisions of the Kerala State & Subordinate Rules, which have been adopted by the Board. 3. Exts.P2 is the Circular issued by the 1st respondent requesting to furnish the details of incumbents who have completed the required Account Test (Lower) and Departmental test for promotion to the post of Senior Assistant. The petitioners have passed the required test namely Account test (Lower) and Departmental test for Ministerial staff of the KSEB. Copies of certificates issued by the authorities to the petitioners 1 to 3 are Exts.P3 to P5, P6 to P8 and P9 to P11 respectively. But the petitioners’ name have not been recommended for promotion. The petitioners have therefore filed Exts.P12 to P14 representations before the 2nd respondent. 4. In the light of the above factual position the Writ Petition is disposed of directing the 2nd respondent to take a decision on Exts.P12 to P14 in accordance with the relevant Rules and Board Orders after hearing the petitioners and other parties affected by wpc/10718/2009 3 it, within a period of three months from the date of receipt of a copy of this judgment. T.R.RAMACHANDRAN NAIR, JUDGE bps