The High Court of Kerala dismissed a writ appeal arising from a promotion dispute. The petitioner, denied promotion for lacking a specific electrical trade certificate, was held entitled to promotion based on an interpretation of qualifications by the Director of Employment and Training, relying on the Supreme Court judgment in Jyoti K.K.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR
THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931
WA.No. 1903 of 2009()
--------------------AGAINST THE JUDGEMENT/ORDER IN WPC.3524/2006 Dated 18/03/2009
APPELLANT(S):
-------------1.KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY.
BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB
RESPONDENT(S):
GOVT.PLEADER SRI.BENNY GERVASIS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & C.T.RAVIKUMAR, JJ.
W.A. No.1903 of 2009 ---------------------------------------------Dated 27th August, 2009.
J U D G M E N T
Kurian Joseph, J.
Respondents in the writ petition are the appellants. The writ petitioner approached this court aggrieved by the denial of promotion on the ground that he does not possess the required qualification for appointment to the post of Meter Reader. The prescribed qualification is National Trade Certificate in Electrician/ Wireman/Electronics Trade or KGCE Electrical from an institution recognized by the Government of Kerala or MGTE/KGTE Group Certificate covering the following four subjects: (a) Electrical Light & Power (Higher), (b) Applied Mechanics(L), (c) Heat Engines (Lower) (d) Machine Drawing (L).
WA NO.1903/09
2
& others v. Kerala Public Service Commission and others
[JT 2002 (Suppl.1) S.C.85], the writ petitioner is entitled for promotion. Therefore, for reasons other than those stated in the judgment under appeal, we find that the writ petitioner is otherwise liable to be considered for promotion with the notional benefits granted as per the judgment. Thus there is no merit in the Writ Appeal. It is accordingly dismissed.
KURIAN JOSEPH, JUDGE.
C.T.RAVIKUMAR, JUDGE.
tgs
KURIAN JOSEPH & C.T.RAVIKUMAR, JJ.
W.A. No.1903 of 2009
J U D G M E N T
Dated 27th August, 2009.
1 issue framed by the court
Whether a petitioner with a National Trade Certificate in Mechanic-Radio and Television and National Apprenticeship Certificate in Electronic Mechanic is entitled to promotion as superior to the presc
Colour shows how this judgement treated each authority
& others v. Kerala Public Service Commission and others [JT 2002 (Suppl.1) S.C.85]Explained¶25
Kerala State Electricity Board
K.J. Francis
P.P. Bharathan
Bright Singh T.L.
KURIAN JOSEPH
C.T. RAVIKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
