Disposed

M.Vinoth and Others v. the Kerala State Electricity Board & Ano

Kerala HC12 Jan 2012WP(C)/6250/2006

Case brief

AI extract

What is this about?

A writ petition challenging the promotion process and seeking notional promotion and seniority rectification. The court disposed of the petition directing petitioners to file objections for consideration of claims pursuant to a previous judgment and subsequent notice.

What did the court decide?

Petitioners directed to file objections within two weeks for claim consideration pursuant to notice dated 7.5.2007 under W.A.No. 1595/1997.

M.Vinoth and Others Vs the Kerala State… — Pension and Retirement Benefits | 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 S.SIRI JAGAN

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THURSDAY, THE 12TH DAY OF JANUARY 2012/22ND POUSHA 1933

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WPC.No. 6250 of 2006 (R)

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PETITIONER(S):

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1. M.VINOTH, SENIOR ASSISTANT, ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD, PALAKKAD.

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2. P. HARIDAS, SENIOR ASSISTANT,

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ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD, PALAKKAD.

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3. K. SREEKUMAR, SENIOR ASSISTANT,

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ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD, PALAKKAD.

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4. A. RAHMATHULLA, SENIOR ASSISTANT,

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TMR DIVISION, KERALA STATE ELECTRICITY BOARD,SHORANUR.

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5. K. LAKSHMI, SENIOR ASSISTANT,

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ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, PALAKKAD.

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6. V. SURENDRAN, SENIOR ASSISTANT,

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ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, SULTANPET,PALAKKAD.

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7. K. SATHISH VARMA, SENIOR ASSISTANT, OFFICE OF THE CHIEF ENGINEER, DISTRIBUTION CENTRE, KERALA STATE ELECTRICITY BOARD, VYTTILA, KOCHI.

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8. JOBY K. JOHN, SENIOR ASSISTANT,

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INVESTIGATION CIRCLE, VYDYUTHI BHAVANAM, THRISSUR.

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9. T.V. AL HAFEES, SENIIOR ASSISTANT,

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ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, ATHOLI.

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WPC.NO.6250/2006 R

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10. P.N. VIJU, SENIOR ASSISTANT, ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD, KOZHIKODE.

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11. C.G. PAUL DIXON, SENIOR ASSISTANT, ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD, KOZHIKODE.

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12. U.V. SURESH, SENIOR ASSISTANT, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, THRIPRAYAR.

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13. P. JAYAKUMAR, SENIOR ASSISTANT, ELECTRICAL DIVISON (WEST), KESRALA STATE ELECTRICITY BOARD, THRISSUR.

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14. V.J. JOSY, SENIOR ASSISTANT, ELECTRICAL SECTION, KERALA STATE ELECTRICITY, BOARD VENKITANGU, THRISSUR.

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15. LESLIE JOSEPH ARAKKAL, SENIOR ASSISTANT, ELECTRICAL DIVISION (WEST) KERALA STATE ELECTRICITY BOARD, THRISSUR.

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16. K. NARAYANAN, SENIOR ASSISTANT, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD, SHORANUR.

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17. C. VIJAYAN, SENIOR ASSISTANT, ELECTRICAL DIVISON, KERALA STATE ELECTRICITY BOARD, SHORANUR.

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18. P.T. DAISY, SENIOR ASSISTANT, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD, SHORANUR.

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19. S. THANKAMANY, SESNIOR ASSISTANT, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD, MUVATTUPUZHA.

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20. T.V. SAPHIYA, SENIOR ASSISTANT, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD, MUVATTUPUZHA.

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21. M.P. SULPHATH, SENIOR ASSISTANT, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD, MUVATTUPUZHA.

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22. G. HEMALATHA, SENIOR ASSISTANT, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD, MUVATTUPUZHA.

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23. MOLLEY C. MATHEW, SENIOR ASSISTANT, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD, MUVATTUPUZHA.

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24. PREETHA. N., SENIOR ASSISTANT, ELECTRICAL DIVISION (WEST), KERALA STATE ELECTRICITY BOARD, CHEMBUKAVU, THRISSUR.

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25. JAYASREE. J., SENIOR ASSISTANT, ELECTRICAL DIVISION (WEST), KERALA STATE ELECTRICITY BOARD, CHEMBUKAVU, THRISSUR.

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26. VASUDEVAN. M.K., SENIOR ASSISTANT, ELECTRICAL DIVISION (WEST), KERALA STATE ELECTRICITY BOARD, CHEMBUKAVU, THRISSUR.

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BY ADVS.SRI.T C SURESH MENON SRI.SREEKANTH.K.R. SRI.JIBU P THOMAS SRI.SUNIL J.CHAKKALACKAL

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RESPONDENT(S):

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

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2. THE CHIEF ENGINEER (H.R.M.) KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM.

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*ADDL.R3 IMPLEADED:

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R3. RADHACHANDRAN.G., SENIOR ASSISTANT, OFFICE OF THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM.

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**(ADDL R3 IS IMPLEADED AS PER THE ORDER DTD. 6/10/2006 IN I.A.NO.13826/2006)*

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**ADDL.R4 & R5 IMPLEADED:

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R4. P.K.RAJAPPAN, S/O.KOCHUPAPPY, SENIOR SUPERINTENDENT, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, VAYATHUR, PATHANAMTHITTA DISTRICT.

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R5. RAJU.V.E., S/O.AYAPPAN, SENIOR SUPERINTENDENT, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, THALIPPARAMPU, KANNUR DISTRICT.

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**(ADDL.R4 & R5 ARE IMPLEADED AS PER ORDER DTD. 13/11/2006 IN I.A.NO.15582/2006)

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R1 & R2 BY ADV. SRI.PULIKOOL ABUBACKER, SC, KSEB SRI.K.S.ANIL, SC, KSEB SRI. ASOK M.CHERIYAN, SC, KSEB SRI.JOSE J.MATHEIKEL, SC, KSEB ADDL.R3 BY ADV.SRI.SANTHOSH G. PRABHU

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-01-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC.NO.6250/2006 R

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1: COPY OF THE CADRE STRENGTH OF WORKMEN (MINISTERIAL) AS ON 1/04/1997.

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P2: COPY OF THE ORDER DTD. 11/04/1996.

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P3: COPY OF THE ORDER DTD. 2/07/1993.

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P4: COPY OF THE ORDER DTD. ½/1994.

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P5: COPY OF THE ORDER DTD. 3/2/1996.

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P6: COPY OF THE JUDGMENT IN WPC.NO.30257/2003 ON THE FILE OF THIS HONOURABLE COURT DTD. 26/09/2003.

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P7: COPY OF THE JUDGMENT IN O.P.NO.20234/200 ON THE FILE OF THIS HONOURABLE COURT DTD. 23/08/2000.

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P8: COPY OF THE SUPPLEMENTARY REPRESENTATION SUBMITTED BY THE PETITIONERS 2 TO 7 TO THE SECOND RESPONDENT DTD.2/10/2003.

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P9: COPY OF THE ORDER DTD. 16/02/2004.

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P10: COPY OF THE ORDER DTD. 1/12/2000.

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P11: COPY OF THE ORDER DTD. 7/06/2005.

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P12: COPY OF THE ORDER DTD. 2/09/2005.

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P13: COPY OF THE COMMUNICATION ALONG WITH THE LIST OF SENIOR ASSISTANTS DTD. 13/09/2006.(I.A.NO.13826/2006).

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P13: COPY OF THE ORDER PASSED BY THE DIRECTOR AND STATE PUBLIC INFORMATION OFFICER DTD. 2/12/2006.

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P14: COPY OF THE ORDER PASSED BY THE PUBLIC INFORMATION OFFICER & ADMINISTRATIVE OFFICER DTD. 23/05/2007.

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P15: COPY OF THE COMMUNICATION ISSUED BY THE PUBLIC INFORMATION OFFICER AND ADMINISTRATIVE OFFICER DTD. 3/12/2007.

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P16: COPY OF THE MEMORANDUM OF APPEAL PREFERRED BY THE 8TH PETITIONER BEFORE THE CHIEF INFORMATION COMMISSIONER DTD. 3/7/2007.

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P17: COPY OF THE ORDER PASSED BY THE STATE INFORMATION COMMISSIONER DTD. 4/12/2007.

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P18: COPY OF THE RELEVANT PAGES OF THE REPORT DTD. NIL.

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RESPONDENTS' ANNEXURE:

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ANNEX.1: COPY OF THE ORDER OF THE KERALA STATE ELECTRICITY BOARD DTD. 19/10/2006.

/TRUE COPY/

P.S.TO JUDGE

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S. Siri Jagan, J.

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W.P(C) No. 6250 of 2006

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

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J U D G M E N T

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The petitioners were promoted as Senior Assistants long after they acquired the qualification prescribed for such promotion. According to the petitioners, despite the fact that there were vacancies in the post of Senior Assistant, they were not given promotion earlier. The petitioners therefore seek notional promotion with retrospective effect, which has to be done on the basis of the date of occurrence of vacancies. The petitioners have also certain grievance regarding the combined seniority list published. The petitioners seek the following reliefs:

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“i. Call for the records leading to the passing of Exts. P9, P10 and P11 orders passed by respondents and quash the same by the issue of a writ of certiorari or other appropriate writ, order or direction;

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ii. issue a writ in the nature of mandamus directing the respondents to grant notional promotion with retrospective effect to the petitioners as Senior Assistants on the basis of qualification as on the date of occurrence of vacancy;

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iii. issue a writ in the nature of mandamus directing the respondents to rectify the anomalies in the combined seniority list by correctly assigning the rank numbers of the petitioners after rectifying anomalies as above;

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iv. issue a writ in the nature of mandamus directing the respondents not to effect promotion of any persons to the cadre of Senior Superintendents overlooking the claims of the petitioners.”

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It is submitted by the learned standing counsel for the

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Kerala State Electricity Board that Ext.P12 relied on by the

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W.P(C) No. 6250 of 2006 -: 2 :-

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petitioners was set aside by a learned Judge of this Court in W.P(C) No. 26785/2005 and it was directed to re-consider the claims of the parties for promotion to the vacancies which arose after 11.4.1994 within two months from the date of receipt of the copy of the judgment. That judgment was taken in appeal before the Division Bench in W.A.No. 1595/1997, wherein the Division Bench disposed of the appeal directing the Board to consider the issue as proposed in the notice dated 7.5.2007 issued pursuant to the judgment of the learned Judge and to pass appropriate orders in accordance with law after giving a reasonable opportunity to all the affected parties. It is submitted that the process of considering the same in accordance with the said judgment is in progress and the petitioners can also participate in that process.

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Accordingly, this writ petition is disposed of with the following directions:

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The petitioners shall file their objections within two weeks from today. Thereupon, the claim of the petitioners would also be considered pursuant to the notice dated 7.5.2007 referred to in the judgment in W.A.No. 1595/1997 in accordance with that judgment.

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Sd/- S. Siri Jagan, Judge.

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Tds/

M.Vinoth and Others v. the Kerala State Electricity Board & Ano

Case brief

What is this about?

What did the court decide?

M.Vinoth and Others v. the Kerala State Electricity Board & Ano

Case brief

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What did the court decide?

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