Disposed

Joy K.M. v. the Chief Engineer (Hrm)

Kerala HC19 Jun 2014WP(C)/1978/2013

Case brief

AI extract

What is this about?

The court directed the Kerala State Electricity Board to consider pending representations by two employees seeking appointment in the 10% quota for qualified service candidates, affording them an opportunity to be heard and submitting judgments copies within one month. The order sets a three-month deadline for completion.

What did the court decide?

Directed the respondent Board to consider pending representations and pass appropriate orders after hearing the petitioners within three months.

Joy K.M. Vs the Chief Engineer (Hrm) — Service and Employment | Kerala HC (2014)

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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 A.V.RAMAKRISHNA PILLAI

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THURSDAY, THE 19TH DAY OF JUNE 2014/29TH JYAISHTA, 1936

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WP(C).NO. 1978 OF 2013 (V)

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PETITIONER(S):

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1. JOY. K.M., CASHIER, ELECTRICAL SECTION, KAIPPATTOOR, ELECTRICAL DIVISION, ADOOR, KERALA STATE ELECTRICITY BOARD.

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2. SAJATH. A.P., OVERSEER (ELECTRICAL), 110 KV SUBSTATION, AROOR (TRANSMISSION CIRCLE, ALAPPUZHA), KERALA STATE ELECTRICITY BOARD.

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BY ADVS.SMT.MOLLY JACOB, SMT.RABIA BEEGAM T.K., SRI.JOBI.A.THAMPI, SMT.M.KABANI DINESH, SMT.T.V.HEMALATHA.

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RESPONDENT(S):

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1. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004.

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2. THE KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004.

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BY ADV. SRI.K.S.ANIL, SC, KSEB.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).NO. 1978 OF 2013 (V)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P1 COPY OF THE CERTIFICATE ISSUED TO THE 1ST PETITIONER BY THE JOINT CONTROLLER OF TECHNICAL EXAMINATION KERALA DATED 01/09/1989.

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EXT.P2 COPY OF THE CERTIFICATE ISSUED TO THE 2ND PETITIONER BY THE JOINT CONTROLLER OF TECHNICAL EXAMINATION DATED 23/05/2003.

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EXT.P3 COPY OF THE RELEVANT PAGE OF THE GRADATION LIST PERTAINING TO THE 2ND PETITIONER ISSUED BY THE DEPUTY CHIEF ENGINEER.

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EXT.P4 COPY OF THE ORDER NO.BO NO.AR III-36591/78 DATED 23/01/1981 ISSUED BY THE SECRETARY OF THE KERALA STATE ELECTRICITY BOARD.

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EXT.P5 COPY OF THE RELEVANT PORTION OF THE LIST OF QUALIFIED CANDIDATES WHO HAVE APPLIED FOR THE POST OF SUB ENGINEER (CIVIL).

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EXT.P6 COPY OF THE NOTE OF THE DEPUTY CHIEF ENGINEER (HRM) TO THE SECRETARY OF THE KERALA STATE ELECTRICITY BOARD DATED 28/02/2002.

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EXT.P7 COPY OF THE CERTIFICATE OF THE 1ST PETITIONER REGARDING PASSING OF BTECH (CIVIL) ENGINEERING EXAMINATION ISSUED BY THE VICE CHANCELLOR OF UNIVERSITY OF KERALA.

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EXT.P8 COPY OF THE G.O.70/83W&P DATED 23/11/1983 ISSUED BY THE SECRETARY TO GOVERNMENT OF KERALA.

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EXT.P9 COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE CHIEF ENGINEER (HRM) KSEB, THIRUVANANTHAPURAM DATED 28/11/2012.

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EXT.P9A COPY OF THE REMINDER TO EXT.P9 SUBMITTED BY THE 1ST PETITIONER TO THE CHIEF ENGINEER (HRM) KSEB, THIRUVANANTHAPURAM DATED 22/12/2012.

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EXT.P10 COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE CHIEF ENGINEER (HRM) KSEB, THIRUVANANTHAPURAM DATED 05/03/2012.

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EXT.P10A COPY OF THE REMINDER TO EXT.P10 SUBMITTED BY THE 1ST PETITIONER TO THE CHIEF ENGINEER (HRM), KSEB, THIRUVANANTHAPURAM DATED 30/06/2012.

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.....2/-

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WP(C).NO. 1978 OF 2013 (V)

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EXT.P11 COPY OF THE REPRESENTATION DATED 10/02/2012 SUBMITTED BY THE 2ND PETITIONER TO THE 1ST RESPONDENT.

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EXT.P11A COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE 1ST RESPONDENT BY WAY OF REMINDER TO EXT.P11 DATED 15/06/2012.

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EXT.P12 COPY OF THE LETTER DATED 25/07/2011 SUBMITTED BY SRI.MICHAEL DANIEL TO THE ADMINISTRATIVE OFFICER AND PUBLIC INFORMATION OFFICER KERALA STATE ELECTRICITY BOARD UNDER THE RIGHT TO INFORMATION ACT.

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EXT.P12A COPY OF THE LETTER DATED 29/06/2011 GIVEN TO SRI.MICHAEL DANIEL IN REPLY TO EXT.P12 BY THE ADMINISTRATIVE OFFICER, AND PUBLIC INFORMATION OFFICER KERALA STATE ELECTRICITY BOARD.

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EXT.P13 COPY OF THE ORDER OF THE 1ST RESPONDENT NO.EB.2/SE (ELE) TRAINEE/2014 DATED 20/02/2014.

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RESPONDENT'S EXHIBITS:-

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EXT.R1A COPY OF THE BOARD ORDER DATED 24/10/2002.

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EXT.R1B COPY OF THE LETTER DATED 07/04/2000.

//TRUE COPY//

P.A. TO JUDGE

rs.

A.V. RAMAKRISHNA PILLAI, J.

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W.P.(C) No. 1978 of 2013

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Dated this the 19^th day of June, 2014

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J U D G M E N T

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Aggrieved by the inaction on the part of the respondent Board to consider the request of the petitioners to appoint them as Sub Engineers/Assistant Engineers in 10% quota ear-marked for qualified service candidates, the petitioners have come up before this Court.

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The petitioners are working as Cashier and Overseer under the respondent Board. They were recruited through Kerala Public Service Commission in the year 1996. The 1^st petitioner is holding Diploma in Civil Engineering and the 2^nd petitioner acquired the qualification of Diploma in Civil Engineering while he was working under the Board. Allegedly, the 1^st petitioner, subsequent to his entry in service, acquired B.Tech (Civil) Engineering from the TKM Engineering College, Kollam.

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..2..

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W.P.(C) No. 1978 of 2013

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Therefore, according to the petitioners, both of them are fully qualified to be appointed under the 10% quota set apart for Board employees. They would further allege that though the 1^st petitioner became qualified about 16 years back and the 2^nd petitioner became qualified about 12 years back, the respondents have not cared to give them posting as Sub Engineer/Assistant Engineer. It is also averred that they have submitted Exts.P9 and P10 representations followed by reminders [Exts.P9(a) and P10(a)] before the respondent Board and the same are pending.

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3. Arguments have been heard.

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As the definite case of the petitioners is that the representations submitted by them are pending before the respondent Board without being considered, this Court feels that it is only just and proper to direct the respondent Board to pass appropriate orders on the representations submitted by the petitioners after affording the petitioners an opportunity of being heard.

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..3..

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W.P.(C) No. 1978 of 2013

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Therefore, the writ petition is disposed of directing the respondent Board to pass appropriate orders on Exts.P9, P9(a), P10, P10(a), P11 and P11(a) submitted by the petitioners after affording the petitioners an opportunity of being heard.

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This exercise shall be completed within a period of three months from the date of receipt of a copy of this judgment. It shall be open to the petitioner to produce a copy of this judgment along with copies of representations before the respondent Board within a period of one month to facilitate an early action.

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The respondent may also consider whether the petitioners can be appointed temporarily in any of the vacancies existing or in any of the vacancies, which arise within the aforesaid time.

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Sd/-

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A.V. RAMAKRISHNA PILLAI, JUDGE

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bka/-

Joy K.M. v. the Chief Engineer (Hrm)

Case brief

What is this about?

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Joy K.M. v. the Chief Engineer (Hrm)

Case brief

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