Dismissed

Kerala Electricity Employees Confederati v. the Kerala State Electricity Board

Kerala HC23 Jan 2012WP(C)/32460/2008

Case brief

AI extract

What is this about?

A writ petition challenging the validity of a Board of Directors order and the selection process for a Kudumbasree franchisee. The court addressed a petition challenging an employment order relating to Meter Readers, noting interim relief was modified to ensure qualified persons are appointed before making the petition closed.

What did the court decide?

The writ petition was closed after an interim order was made absolute.

Kerala Electricity Employees Confederati Vs the Kerala… — Service and Employment | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE B.P.RAY

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MONDAY, THE 23RD DAY OF JANUARY 2012/3RD MAGHA 1933

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WPC.No. 32460 of 2008 (L)

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PETITIONERS:

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KERALA ELECTRICITY EMPLOYEES'

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CONFEDERATION, INTUC (REG NO 01-14/87)

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AFFILIATION NO 10485, SREENIVAS TOURIST HOME

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THAMPANOOR, THIRUVANANTHAPURAM REPRESENTED BY ITS

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STATE VICE PRESIDENT V.P.RADHAKRISHNAN.

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V.G.SEBASTIAN, LINEMAN GRADE I

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ELECTRICAL SECTION, KALOOR, ERNAKULAM

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RESIDING AT VALIYAPARAMPIL, MADAVANA ROAD

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PACHALAM , ERNAKULAM.

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BY ADV. SRI.JOSE J.MATHAIKAL

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RESPONDENTS:

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THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF POWER GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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THE KERALA STATE ELECTRICITY BOARD VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY.

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R2 BY SRI.P.SANTHALINGAM (SR.) R2 BY SRI. ASOK M.CHERIYAN, SC, KSEB R2 BY SRI.K.S.ANIL, SC, KSEB R2 BY SRI.S.SHARAN,SC,K.S.E.BOARD SRI. P.V. ELIAS, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-01-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO. 32460/2008

¶23

: 2:

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APPENDIX

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PETITIONER'S EXHIBITS:

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: TRUE COPY OF BO DATED 29.09.2008.

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EXT.P1 : TRUE COPY OF BO DATED 29.09.2008. EXT.P2 : TRUE COPY OF BO DATED 05.10.1990. EXT.P3 : NOTIFICATION DATED 12.11.2007. EXT.P4 : CIRCULAR DATED 25.10.2004. EXT.P5 : TRUE COPY OF RELEVANT PORTION OF GUIDELINES OF RGGVY.

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EXT.P6 : TRUE COPY OF THE WEB PUBLICATION OF KSEB REGARDING RGGVY.

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: TRUE COPY OF RELEVANT PORTION OF GUIDELINES OF RGGVY.

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RESPONDENTS' EXHIBITS:

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EXT.R2(a) : TRUE COPY OF THE AGREEMENT DATED 21.07.2005. EXT.R2(b) : TRUE COPY OF THE LETTER DATED 27.06.2008.

//TRUE COPY//

P.A. TO JUDGE

B.P. RAY, J.

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W.P.(C) No.32460 of 2008

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- - - - - - - - - - - - - - - -

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Dated this the 23^rd day of January, 2012. JUDGMENT

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The petitioners have filed this writ petition with the following

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prayers:

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to issue a writ of certiorari or such other appropriate writ, order or direction calling for the records relating to Ext.P1 and to quash the same.

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to declare that the Kerala State Electricity Board has no legal authority to issue orders in the nature of Ext.P1 in violation of Section 133 of the Electricity Act, 2003 without obtaining prior approval from the State Government and the Kerala State Electricity Regulatory Commission during the transition period.

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to declare that the selection process adopted by KSE Board in Ext.P1 for selecting Kudumbasree as franchisee is contrary to Ext.P5 RGGVY Scheme of selection.

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By interim order dated 30.06.2011, this Court passed the

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following order:

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“The grievance of the petitioners is that if Ext.P1 order is implemented then the persons who do not have the qualification prescribed for the post of Meter Reader would be doing the work of Meter Reader which is against law. The learned Standing Counsel for the Electricity Board points out that, if Ext.P1 order is not implemented the Board will lose `300 crores of Central Government grant. In the above circumstances, the interim order is modified to the extent that in implementation of Ext.P1 order, the Board shall ensure that the persons employed as Meter Readers do have the qualifications prescribed in Ext.P2.”

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The learned counsel for the petitioners submits that the persons who have requisite qualification as prescribed in Ext.P2 are appointed to the post of Meter Readers. Therefore, interim order is made absolute and the writ petition is closed.

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sd/- B.P. RAY, JUDGE.

W.P.(C) No.

: 2:

B.P. RAY, J.

W.P.(C) No.

: 3:

O.P.No. 13887 of 2002

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Dated this the 12^th day of January, 2012.

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JUDGMENT

Kerala Electricity Employees Confederati v. the Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

Kerala Electricity Employees Confederati v. the Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

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