IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 RP.No. 154 of 2008(M) --------------------- AGAINST THE JUDGEMENT IN WPC.2223/2006 Dated 04/07/2007 .................... REVIEW PETITIONERS/RESPONDENTS: ------------------------------------------------ 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. SRI. DENNIS LAWERENCE, SENIOR ASSISTANT, K.S.E.BOARD, REGIONAL AUDIT OFFICE, THODUPUZHA. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENTS: PETITIONERS: ------------------------ 1. T. THOMAS MATHEW, SENIOR SUPERINTENDENT, K.S.E. BOARD, ELECTRICAL CIRCLE, THODUPUZHA. 2. M.G. VIJAYAN, SENIOR SUPERINTENDENT, K.S.E.BOARD, ELECTRICAL SECTION, BALARAMAPURAM, THIRUVANANTHAPURAM. 3. S. SURESH KUMAR, SENIOR SUPERINTENDENT, K.S.E.BOARD SECRETARIAT, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY ADV.SRI.ELVIN PETER SRI.K.PRAVEEN KUMAR SI.ROY THOMAS. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.BALAKRISHNAN NAIR, J. ----------------------------------------- R.P. NO.154/2008 IN W.P.(C) NO. 2223 OF 2006-M ----------------------------------------- ORDER The writ petitioners are Senior Assistants. They were provisionally promoted as Senior Superintendents. They were qualified for promotion as Divisional Accountant Grade II and they were also included in the list of eligible Senior Assistants for promotion to the above said post. Later, that list was reviewed and the writ petitioners were excluded from it on the ground that they were already working as Senior Superintendents. Since they were only provisional promotees in the post of Senior Superintendent, this Court held that on the basis of their lien in the post of Senior Assistant, they are eligible to be considered for promotion to the post of Divisional Accountant Grade II. Based on the said finding, the writ petition was allowed. Seeking review of that judgment, this R.P is filed. 2. It is submitted that the Senior Assistants have a line of promotion as Senior Superintendent, etc. Once they are promoted in that channel, they cannot be further considered for appointment as Divisional Accountant Grade II. The said contention was considered and rejected in the judgment RP 154/2008 2 under review itself. So, the said ground cannot be considered as a ground sufficient to review the judgment. Further, on merits also, the contention of the review petitioners is plainly untenable. Rule 8, Part II of the K.S. & S.S.R., which have been adopted by the K.S.E.B by virtue of its regulation making power, will protect the rights of the writ petitioners. As mentioned in the judgment under review, this view is supported by the Full Bench decision of this Court in Balakrishnan Nair v. Ram Mohan Nair [1998(1) KLT 766 (FB)] and the Division Bench decision of this Court in Saifuddin v. State of Kerala [2006(3) KLT 873]. The Full Bench decision was affirmed by the Apex Court in Ali M.K. v. State of Kerala [(2003)11 SCC 632]. A Division Bench of this Court in Padmakumar v. Sasikala [2003 (2) KLT 886] rendered a decision dealing with the facts, which are similar to the facts of the present case. The said decision also fully supports the case of the writ petitioners. In the result, the Review Petition fails and it is dismissed. 29th February, 2008. K.BALAKRISHNAN NAIR, JUDGE. Nm/ RP 154/2008 3