Retired KSEB engineers filed a writ petition seeking parity in junior-senior fixation with the salary of their junior. The court found the facts identical to a previous judgment where the issue was barred by delay. This writ petition is consequently dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932
WP(C).No. 7686 of 2005(M)
---------------------------------------PETITIONER(S): -------------------------
1. R. RAMACHANDRAN PILLAI, RETIRED ASST.ENGINEER, K.S.E.BOARD, RAMANILAYAM, KOONAYIL, PARAVUR P.O., VIA. KOLLAM.
2. N. BHASKARA PANICKER, RETIRED ASST.ENGINEER, K.S.E.BOARD, KIZHAKKE MADAM, THURAVOOR P.O., CHERTHALA.
3. K. VASUDEVAN NAIR, RETIRED ASST.ENGINEER, K.S.E.BOARD, SUDEVALAYAM, T.C.27/2189, CHIRAKULAM ROAD,STATUE, THIRUVANANTHAPURAM-1.
4. Y. JOHN, RETIRED ASST.ENGINEER, K.S.E.BOARD, CHAITHANYA, KADAMBANAD, PATHANAMTHITTA DISTRICT.
5. A.P. SUSELLA, RETIRED ASST.ENGINNER, K.S.E.BOARD, SURABI, NANTHIATTUKUNNAM, NORTH PARAVUR, PIN-683 513.
6. OMANA LUKOSE, W/O. LATE K. LUKOSE, KANJIRAMVILA VEEDU, KIZHAKKETHERUVU,KOTTARAKKARA.
P7: B.VALSALA, W/O.LATE R.RAMACHANDRAN PILLAI, 'RAMANILAYAM', KOONAYIL, PARAVUR P.O., KOLLAM.
BY ADVS. SRI.ELVIN PETER P.J., SRI.S.RAMESH, SRI.P.N.SANTHOSH, SRI.NAVEEN.T., SRI.T.G.SUNIL.
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WPC.NO.7686/2005 M
RESPONDENT(S):
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1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY.
2. THE CHAIRMAN, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM.
R1 & R2 BY ADV. SRI.ASHOK M.CHERIAN, SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WPC.NO.7686/2005 M
APPENDIX
PETITIONER'S EXHIBITS:
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WPC.7686/2005 M
RESPONDENT'S EXHIBITS: N I L
/TRUE COPY/
P.A.TO JUDGE
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S. SIRI JAGAN, J.
W.P.(C) No.7686 OF 2005
Dated this the 12th day of October, 2010
J U D G M E N T
The issue involved in this writ petition is as to whether the petitioners are entitled to have their junior-senior fixation on par with the salary of Sri. P.G. Parameswaran Nair, their junior. The very same issue was considered by me in respect of some other petitioners in W.P.(C) No.23133/2005. In that writ petition, I have held that since the petitioners in that writ petition did not raise the question of choosing of the junior as Sri. P.G. Parameswaran Nair at any time before filing that writ petition and their junior was selected and fixation was made long back in the 1970's, the petitioners cannot now raise a contention that they are entitled to have their junior-senior fixation on par with the salary of Sri. P.G. Parameswaran Nair. As far as that issue is concerned, the facts of this writ petition are identical to that in
W.P.(c)No.7686/2005
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W.P.(C) No.23133/2005 except for the number of the exhibits concerned. Therefore, following that judgment, this writ petition is also dismissed.
S. SIRI JAGAN, JUDGE
acd
W.P.(c)No.7686/2005 3
1 issue framed by the court
Whether retired Assistant Engineers of KSEB are entitled to have their junior-senior fixation on par with the salary of their junior, P.G. Parameswaran Nair.
R. Ramachandan Pillai and Others
Kerala State Electricity Board
Chairman, Kerala State Electricity Board
SSiri Jagan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
