Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942 WP(C).No.25322 OF 2011 PETITIONER: D.CHANDRA MOHAN ASSISTANT ENGINEER T.C.M.S., ELECTRICAL CIRCLE, KSEB KOLLAM, RESIDING AT SAROVARAM, PADANAYAR KULANGARA NORTH, KARUNAGAPPALLY. BY ADVS. SRI.A.N.RAJAN BABU SRI.A.R.EASWAR LAL SRI.P.GOPALAKRISHNAN (MVA) RESPONDENTS:
1 THE KERALA STATE ELECTRICITY BOARD (KSEB), REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695001 2 THE CHIEF ENGINEER KERALA STATE ELECTRICITY BOARD (KSEB), VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695001 3 K.CHANDRA BABU ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SUB DIVISION, AYOOR-691533 R1 BY ADV. SRI.M.K.THANKAPPAN, SC, KERALA STATE ELECTRICITY BOARD LIMIT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.25322 OF 2011 2
JUDGMENT
The petitioner has approached this Court with a plea that respondents 1 and 2 be directed to promote as Assistant Executive Engineer, based on his appointment as Assistant Engineer on 16/09/1996, in preference to those who are below him in the category of Sub Engineer.
2. Sri.M.K.Thankappan, the learned
Standing Counsel for the Kerala State Electricity Board (KSEB for short), submitted that even though the petitioner was promoted in the year 1999, he is seeking an earlier date based on the assertion that he is Senior to many others in the seniority list. He also submitted that the petitioner belongs to the 10% category of graduate engineers in the services of KSEB and therefore, that he cannot seek any promotion in excess of the quota prescribed in the relevant Rules and regulations. He then added that, since the petitioner has now retired from service, he
WP(C).No.25322 OF 2011 3 cannot seek any further relief; but that, if this Court is so inclined, the KSEB is willing to consider any representation that the petitioner may make with respect to this, if he needs any further relief.
3. When I consider the afore submissions,
it is ineluctable that the petitioner is no longer in service, since at the time when this Writ Petition was filed in the year 2011, he was 53 years in age. Obviously, therefore, all that he can now aspire for is a change in his retiral benefits, if he so interested. In the afore circumstances, I order this Writ Petition to the limited extent of leaving liberty to the petitioner to approach the competent Authority of the KSEB, with an appropriate representation, if he is so desirous; and if this is done within a period of one month from the date of receipt of a copy of this judgment, the said Authority will consider the same, after affording him an opportunity of being heard - either physically
WP(C).No.25322 OF 2011 4 or through video conferencing - thus culminating in an appropriate order thereon, as per law. Sd/- DEVAN RAMACHANDRAN JUDGE MC/3.2.2021 WP(C).No.25322 OF 2011 5
APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF JUDGMENT IN O.P NO.3291/1992 EXHIBIT P2 TRUE COPY OF THE SENIORITY LIST OF ASSISTANT ENGINEER OF 10% DEGREE HOLDERS W.E.F 23.11.1983 EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 18.10.07 TO 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED 18.10.07 EXHIBIT P5 TRUE COPY OF ORDER NO.EB GRADE 3/WPC NO.4504/2010/09-10 DATED 4.3.2010, BY THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE ORDER DATED 6.6.2007 BY AN INTERIM ORDER IN WP(C) NO.22687/06. EXHIBIT P7 TRUE COPY OF THE RELEVANT PORTION OF LIST OF ASSISTANT ENGINEER (ELE) AS PER SENIORITY IN THE FEEDER CATEGORY AND WHO WERE APPOINTED ON 16.3.1996 UNDER 10% DEGREE QUOTA.