Dismissed

V.Sureshlal v. the Kerala State Electricity Board

Kerala HC20 Dec 2012WP(C)/6621/2011

Case brief

AI extract

What is this about?

In this writ petition concerning promotions and vacancies at KSEB, the court disposed of the matter by directing the respondent Board to consider the petitioners' case in light of observations in a earlier Division Bench judgment and pass appropriate orders within three months.

What did the court decide?

Directed the respondent Board to consider petitioners' case in light of Ext.P8 judgment and pass appropriate orders within three months.

V.Sureshlal Vs the Kerala State Electricity Board — 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 P.R.RAMACHANDRA MENON

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THURSDAY, THE 20TH DAY OF DECEMBER 2012/29TH AGRAHAYANA 1934

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WP(C).No. 6621 of 2011 (C)

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PETITIONER(S):

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1. V. SURESHLAL, AGED 51 YEARS, S/O.P.K.VIDYADHARAN, SURESH BHAVAN,

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NEDUMPAIKULAM, KUNDARA (PO), KOLLAM DISTRICT, PIN - 691 501.

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2. S. SUKUMARANANDANAN, S/O.G. SUKUMARAN, SUKUMARANIKETHAN, EAST KALLADA (PO),

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KOLLAM DISTRICT, PIN - 691 502.

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3. G. PRASAD, AGED 46 YEARS,

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S/O.N. GOPINATHAN, KOTTAVILAVEEDU,

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EZHUKONE (PO), KOLLAM DISTRICT, PIN - 691 505.

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4. AJITH KUMAR. K., AGED 42 YEARS,

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S/O.R. KOCHUKRISHNA PILLAI, JAYAVILASAM, ARAMPUNNA, ELAMPAL (PO), PUNALUR, KOLLAM DISTRICT, PIN - 691 322.

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5. C.V. BINU, AGED 41 YEARS, S/O.N. VISWANATHAN, MARANADU (PO),

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EZHUKONE, KOLLAM DISTRICT, PIN - 691 505.

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BY ADVS. SRI.M.V.THAMBAN,

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SRI.R.REJI, SMT.THARA THAMBAN, SRI.B.BIPIN, SMT.REVATHY P.NAIR.

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RESPONDENT(S):

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1. KERALA STATE ELECTRICITY BOARD,

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REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM,

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PATTOM, THIRUVANANTHAPURAM-695 004.

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2. THE CHIEF ENGINEER (HRM),

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VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM- 695 004.

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WP(C).No. 6621 of 2011 (C)

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3. A.V. JOHNSON, SUB ENGINEER, ELECTRICAL SECTION, KUNDARA, KOLLAM DISTRICT - 691 501.

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4. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-695 004.

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5. STATE OF KERALA, REPRESENTED BY ITS SECRETARY,

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DEPARTMENT OF POWER, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM- 695 001.

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R1 & R2 BY SRI.K.S.ANIL, SC, KSEB R4 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC. R5 BY GOVT. PLEADER MR.T.R. RAJESH.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 6621 of 2011 (C)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P1	COPY OF THE RELEVANT PORTION OF LONG TERM SETTLEMENT DATED 11/08/2000.
EXT.P2	COPY OF THE COUNTER AFFIDAVIT.
EXT.P2A	COPY OF THE COUNTER AFFIDAVIT IN CC NO.1035/2005.
EXT.P3	COPY OF THE ORDER NO.EB.4/110/2004 DATED 15/01/2005.
EXT.P3A	COPY OF THE ORDER DATED 22/03/2005 PROMOTING 24 PERSONS AGAINST 25% QUOTA.
EXT.P4	COPY OF THE JUDGMENT DATED 17/02/2005 IN W.P.(C)NO. 33595/2003.
EXT.P5	COPY OF THE JUDGMENT DATED 06/02/2008 IN C.C. NO.1035/2005.
EXT.P6	COPY OF THE RELEVANT PORTION OF SENIORITY LIST OF LINEMEN GR.I DATED 31/01/2004.
EXT.P7	COPY OF THE REPRESENTATION ON 14/02/2011 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.
EXT.P8	COPY OF THE JUDGMENT DATED 22/12/2011 IN W.A. NO. 1047/2010.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.A. TO JUDGE

rs.

P.R.RAMACHANDRA MENON, J.

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W.P.(c) No. 6621 OF 2011

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Dated this the 20^th day of December , 2012

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JUDGMENT

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The petitioner has approached this Court with the following

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prayers :

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i) to issue a writ of certiorari, calling for the records leading upto Ext.P7 and quash Ext.P3 to the extent that it orders the promotion of persons who are juniors to the petitioners including the third respondent.

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ii) to issue a writ of mandamus commanding the respondents 1 and 2 to order promotions to the post of Meter Readers strictly on the basis of Ext.P6 seniority list.

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Iii) to issue a writ of mandamus commanding the respondents 1 and 2 forthwith to fill up all available vacancies in the 25% quota in the category of Meter

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W.P.(C)No.6621/2011

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Readers from among in-service candidates of and below the pay scale of Meter Readers.

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iv) to issue a writ of mandamus commanding the respondents 1 and 2 to forthwith fill up all available vacancies in the 15% quota in the category of Meter Readers from among qualified Lineman Grade I based on seniority.

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v) issue a writ of mandamus commanding the respondents 1 and 2 to forthwith discontinue with the engagement of casual/contractual employees in the category of Meter Readers and to ensure that the duties of Meter Readers are discharged strictly by regular Meter Readers in terms of Ext.P1 settlement.

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vi) to issue such other further reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of this case.:

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W.P.(C)No.6621/2011

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During the pendency of the proceedings, the petitioner has also filed 16056/2012, whereby a copy of the judgment dated 22/12/2011 passed by the Division Bench of this Court in W.A.No.1047/2010 has been produced as Ext.P8. The learned counsel for the petitioners submits that, the petitioners are also similarly situated like the appellants in W.A.NO.1047/2010 and that they are also entitled to have similar reliefs.

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In the said circumstances, the writ petition is disposed of, directing the respondent Board to consider the case of the petitioners as well in the light of the observations made by the Division Bench of this Court in Ext.P8 judgment and pass appropriate orders in accordance with law, at the earliest, at any rate within three months from the date of receipt of a copy of this judgment.

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P.R.RAMACHANDRA MENON JUDGE

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sv.

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W.P.(C)No.6621/2011 4

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W.P.(C)No.6621/2011 5

V.Sureshlal v. the Kerala State Electricity Board

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V.Sureshlal v. the Kerala State Electricity Board

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