IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 WP(C).No. 5273 of 2009(D) ------------------------------------- PETITIONER: ------------------- V.R.VIJAYAKUMAR, ASSISTANT ENGINEER (ELECTRICAL), GENERATION SUB DIVISION, KALLARKUTTY, IDUKKI DISTRICT. BY ADVS. DR.K.P.SATHEESAN, MR.K.K.GOPINATHAN NAIR, MR. M.R.JAYAPRASAD, MR.P.MOHANDAS (ERNAKULAM). RESPONDENTS: ------------------------ 1. KERALA STATE ELECTRICITY BOARD (K.S.E.B IN SHORT) REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM) K.SE.B. VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. R1 & R2 BY MR. K.S. ANIL, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 5273 of 2009 --------------------------------------------------- Dated this the 18th day of February, 2009 JUDGMENT The petitioner is presently working as Assistant Engineer (Electrical) at Generation Sub Division, Kallarkutty in Idukki District. His initial appointment was as Meter Reader on the advice of the Public Service Commission on 8.4.1996. He was again advised by Public Service Commission on 12.3.1999 for appointment as Sub Engineer (Electrical) and was appointed as such on 14-6-1999 without any break. He was a Diploma holder as on the date of entry in the service. While in the service of the Board, the petitioner has undergone part time course of study and passed A.M.I.E (Electrical) Section 'A & B' Examination in September, 2002. The said qualification is equivalent to degree and sufficient for appointment as Assistant Engineer. According to him, he became eligible on 29.10.2002 for appointment as Assistant Engineer. A ratio 5:3:2 has been provided under the Special Rules from 3 different sources namely Degree, Diploma and Certificate Holders. The Degree Holders are directly recruited as Assistant Engineer while Diploma and Certificate Holders are promoted. Out of 50% meant for Degree holders for direct recruitment, 10% of the vacancies are reserved for Board employees possessing requisite qualification. He was given a temporary promotion as Assistant Engineer under 10% quota as per wpc:5273 of 2009 2 Board Order dated 15.4.2004. 2. The petitioner has produced Ext.P1 Board Order to show that some other Sub Engineers have been granted regularization pursuant to the judgment of this Court in W.P.(C) No.33726 of 2005. It is stated that some of the persons included in Ext.P1 list are his juniors. In these circumstances, by Ext.P2, he was sought for appropriate orders and requested to regularize his service as Assistant Engineer (Electrical) with effect from 15.6.2004 in the 10% quota. Since no orders have been passed in the matter, he again reiterated his claim by submitting Ext.P3 representation dated 8.1.2009 before the second respondent Chief Engineer. 3. The issue has to be considered by the second respondent in accordance with law and in accordance with the relevant rules governing the matter. Since the representations are pending, there will be a direction to the second respondent to consider and pass orders on Exts.P2 and P3 within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE bps wpc:5273 of 2009 3