Disposed

Nafeesa.M v. Kerala State Electricity Board

Kerala HC7 Oct 2013WP(C)/1884/2013

Case brief

AI extract

What is this about?

The High Court of Kerala in this writ petition held that merits could not be adjudicated due to the pending appeal (Ext.P8) before the third respondent, directing respondents to consider the appeal expediently within two months without commenting on maintainability or merits.

What did the court decide?

Direction to consider the pending appeal (Ext.P8) and pass appropriate orders expeditiously within two months.

Nafeesa.M Vs Kerala State Electricity Board — Pension and Retirement Benefits | Kerala HC (2013)

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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 C.T.RAVIKUMAR

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MONDAY, THE 7TH DAY OF OCTOBER 2013/15TH ASWINA, 1935

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WP(C).No. 1884 of 2013 (I)

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PETITIONER(S):

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NAFEESA.M, AGED 38 YEARS, W/O.ABDUL SALAM, SENIOR ASSISTANT, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, KARUNAGAPPALLY(S), KOLLAM DISTRICT, PIN-690 518.

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BY ADV. SRI.KALEESWARAM RAJ

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RESPONDENT(S):

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1. KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN-695 001.

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2. THE CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 001.

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3. THE CHAIRMAN, KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 001.

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R1 TO R3 BY ADV. SRI.K.S.ANIL, SC, KSEB

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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WPC.NO.1884/2013 (I)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT-P1 TRUE COPY OF THE RELEVANT PAGES OF THE SERVICE BOOK OF THE PETITIONER.

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EXT-P2 TRUE COPY OF THE ORDER B.O.NO.EA1-24338/74 DATED 2/04/1974.

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EXT-P3 TRUE COPY OF THE REPRESENTATION DATED 22.1.2009 SUBMITTED BY THE PETITIONER.

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EXT-P4 TRUE COPY OF THE COVERING LETTER DATED 22.1.2009 OF EXT.P3 REPRESENTATION.

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EXT.P5 TRUE COPY OF THE REPRESENTATION DATED 31.3.2010 SUBMITTED BY THE PETITIONER.

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EXT-P6 TRUE COPY OF THE REPRESENTATION DATED 8/2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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EXT-P7 TRUE COPY OF THE REPLY LETTER DATED 11.5.2012 ISSUED BY THE

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2ND RESPONDENT TO THE PETITIONER.

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EXT-P8 TRUE COPY OF THE APPEAL DATED 11.6.2012 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

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RESPONDENTS' EXHIBITS: N I L

/TRUE COPY/

P.A.TO JUDGE

Kss

C.T.RAVIKUMAR,J

W.P.(C). No.1884 OF 2013

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Dated this the 7^th day of October, 2013

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JUDGMENT

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The petitioner is working as a Senior Assistant under the Kerala State Electricity Board at Electrical Section, Karunagappally. She was promoted to the said post by order dated 24.6.2006. The contention of the petitioner is that she was eligible to be considered for promotion in June 2001 and as such entitled to get promotion with retrospective effect. In support of the said contention the petitioner relies on Rule 28(bbb) of Part II of the Kerala State and Subordinate Service Rules which was adopted by the Kerala State Electricity Board. Having heard the rival contentions I am of the view that it is unnecessary to look into the tenability of the said claim and contentions in this proceedings owing to the pendency of Ext.P8 before the third respondent. Earlier, Ext.P6 representation filed by the petitioner before the second respondent with the same prayer was virtually rejected. According to the petitioner,

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W.P.(C). No.1884 OF 2013

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against Ext.P7 appeal viz., Ext.P8 was preferred before the third respondent and it is pending. In that view of the matter this Writ Petition is disposed of with a direction to the respondent to consider Ext.P8 and pass appropriate orders expeditiously and in accordance with law and at any rate within a period of two months from the date of receipt of a copy of this judgment. It is made clear that this Court has not made any observation on merits and also with respect to the maintainability of an appeal before the third respondent.

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Sd/-

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C.T.RAVIKUMAR, JUDGE.

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/True Copy/ P.A. To Judge

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SKV

Nafeesa.M v. Kerala State Electricity Board

Case brief

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Nafeesa.M v. Kerala State Electricity Board

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