IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 33037 of 2007(G) -------------------------- PETITIONERS: ------------ 1. A.K.JAWAHAR, LINEMAN GRADE I, (NOW WORKING AS SYSTEM SUPERVISOR IN THE CADRE OF JUNIOR ASSISTANT/CASHIER ON TEMPORARY PROMOTION), K.S.E.B., ELECTRICAL DIVISION, PUNALUR. 2. S.SURESH, LINEMAN GRADE I, (NOW WORKING AS JUNIOR ASSISTANT/ CASHIER ON TEMPORARY PROMOTION), K.S.E.B., ELECTRICAL SECTION, PUNALUR. BY ADV. SRI.T.A.SHAJI SRI.M.A.ASIF SMT.T.V.NEEMA RESPONDENTS: ------------- 1. THE CHIEF ENGINEER, H.R.M., KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. BY ADV. SRI.K.S.ANIL, SC, KSEB FOR R1,2 SRI.ALEXANDER THOMAS,SC,KPSC SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 33037 of 2007 -------------------------- Dated this the 30th July, 2008 J U D G M E N T Petitioners, who entered service as Mazdoor/Electricity Workers on 16.10.1995, were promoted as Lineman Gr.II on 22.7.1997 and 11.3.1999 respectively and Lineman Gr.I on 23.3.2001 and 16.6.2002 respectively. They aspire for regular promotion to the post of Junior Assistant/Cashier. 20% of the vacancies in the said post is to be filled up by lower grade employees by direct recruitment. But Exhibit-P1 shows that the candidates are required to pass an eligibility test to be conducted by the Public Service Commission. But Exhibit-P1 itself provided for an exemption from passing the test in respect of those persons who were in service as on the date of Exhibit-P1 namely 14.7.1995. This benefit of exemption available to those persons who were in service on 14.7.1995 was later extended to part-time contingent employees who were brought within the zone of consideration. Subsequently, W.P ( C) No. 33037 of 2007 2 even the condition of securing 40% or more marks in English and 40% aggregate for S.S.LC. Examination applicable to those persons claiming exemption on the strength of them being in service on 14.7.1995 was relaxed. Petitioners and similarly situated persons contended that exemption contemplated by Exhibits P1 and P2 should not be restricted to the cut off date of 14.7.1995 but it should be extended beyond that date. They contended that many of them entered service only after 14.7.1995 for no fault of theirs. Other persons included in the rank list published by the Public Service Commission for the same post , but for different districts, were advised earlier and consequently they entered service earlier. 2. The Board consulted the Public Service Commission on the request made by a section of the workers who entered service after 14.7.1995 for exempting them also from passing the test conducted by the Public Service Commission. Public Service Commission declined its concurrence as evidenced by W.P ( C) No. 33037 of 2007 3 Exhibits R1 (a) and (b). Learned counsel for the petitioners submit that the original exemption has been further broadened to include contingent employees and even the conditions for exemption have been relaxed. 3. I heard learned counsel for the petitioners Sri.T.A. Shaji and learned standing counsel for the Electricity Board Sri.Asok M. Cherian and learned standing counsel for the Public Service Commission. 4. This Court cannot compell the Electricity Board necessarily to grant an exemption in favour of the petitioners. But in circumstances where the original exemption was broadened, the PSC shall reconsider the question of exempting the petitioners and similarly situated persons from passing the test conducted by the Public Service Commission for the post of Junior Assistant/Cashier. The whole process shall be completed within a period of four months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. (V.GIRI, JUDGE) ma W.P ( C) No. 33037 of 2007 4 W.P ( C) No. 33037 of 2007 5