Review petitioners aggrieved by a judgment directing the KSEB to consider an old Board order for seniority sought review, arguing it would cause reversions. The Court found no grounds for review as the Board had already decided to comply.
All review petitions dismissed finding no ground to review the judgment dated 30.7.2015.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 28TH DAY OF JANUARY 2016/8TH MAGHA, 1937
RP.No. 1106 of 2015 ()
---------------------------------(AGAINST THE JUDGMENT IN WA.NO. 1004/2014 DATED 30-07-2015)
REVIEW PETITIONER(S)/THIRD PARTY PETITIONERS:
1. D.ANIL KUMAR, SUB ENGINEER TRAINEE (OVERSEER),
ELECTRICAL SECTION, KARAVALOOR, KARAVALOOR P.O, KOLLAM DISTRICT -691 333
2. NASARUDEEN N.H., SUB ENGINEER TRAINEE(OVERSEER),
ELECTRICAL SECTION, KARUKONE, KARUKONE P.O. -691 306.
3. G. GOPALAKRISHNA PILLAI, SUB ENGINEER TRAINEE(OVERSEER),
ELECTRICAL SECTION, ANCHAL WEST, PUNALUR DIVISIN, KOLLAM DIST. PIN-691 305.
BY ADV. SRI.KALEESWARAM RAJ
RESPONDENT(S)/APPELLANT & RESPONDENTS:
1. P. AJAYAKUMAR, OVERSEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SECTION, AZHIYOOR P.O., RESIDING AT KRISHNA KRIPA, VALLIKULANGARA, ONCHIYAM P.O, KOZHIKODE DISTRICT- 673 308
2. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM- 695 004.
3. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004
2/-
sts
-2-
R.P.NO.1106/2015
4. EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KSEB, VADAKARA, KOZHIKODE-673 020
5. NATIONAL COUNCIL FOR VOCATIONAL TRAINING, REPRESENTED BY ITS SECRETARY, DIRECTORATE GENERAL OF EMPLOYMENT ANDB TRAINING SHRAM SHRAM SHAKTHI BHAVAN, 2 & 4 RAFI AMRG, NEW DELHI-110 001
6. REGIONAL DIRECTOR,
7. THE CENTRE FOR TRADE TESTING AND CERTIFICATION OF SKILLED WORKERS (A DIVISION OF INDIAN SOCIETY FOR TRAINING AND DEVELOPMENT), THIRUVANANTHAPURAM-695 014.
R1 BY ADV.SRI.P.M.PAREETH
R2 TO R4 BY SRI.K.S.ANIL, SC, KSEB R5 & R6 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R7 BY ADV. SRI.LATHEESH SEBASTIAN
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 28-01-2016, ALONG WITH RP.NO. 1009 OF 2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
R.P.NO.1106/2015
APPENDIX
PETITIONER'S ANNEXURES:
| ANNEX 1 | COPY OF THE REPLY DATED 26/3/2015 OBTAINED UNDER RIGHT TO INFORMAION ACT |
|---|---|
| ANNEX 11 | COPY OF THE BOARD ORDER DATED 20/1/2006 |
| ANNEX 111 | COPY OF THE RELEVANT PAGES OF LONG TERM SETTLEMENT 2007 |
| ANNEX IV | COPY OF THE RELEVANT PAGES OF LONG TERM SETTLEMENT 2011 |
| ANNEX V | COPY OF THE RELEVANT PAGES OF LONG TERM SETTLEMENT 2000 |
| ANNEX VI | COPY OF THE ORDER DATED 7/6/2011 |
| ANNEX VII | COPY OF THE PSC NOTIFICATION |
| ANNEX VIII | COPY OF THE G.O DATED 17/7/1965 |
| ANNEX IX | COPY OF THE G.O DATED 23/1/2012 |
RESPONDENT'S ANNEXURES: NIL
/TRUE COPY/
P.A.TO JUDGE
sts
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
R.P. Nos.1106 & 1179 of 2015 in W.A.No.1004 of 2014, R.P. Nos.1122, 1180 & 1198 of 2015 in W.A. No.1094 of 2014, R.P. Nos.1115 & 1170 of 2015 in W.A. No.1100 of 2014 and
R.P. Nos.1009 of 2015 & 72 of 2016 in W.A. No.572 of 2015 ----------------------------------------------------Dated this the 28th day of January 2016
J U D G M E N T
Shaffique, J.
These review petitions are filed by the third parties, after seeking leave of this Court. They seek to review the judgment dated 30.7.2015 in W.A.No.1004 of 2014 and connected matters.
R.P. Nos.1106 & 1179 of 2015 in W.A.No.1004 of 2014 and connected cases
-: 2 :-
promotions to persons, who were holding ITI Certificate and this practice have been going on for several years and by virtue of the said judgment, the practice that was being followed by the Board is being unsettled.
R.P. Nos.1106 & 1179 of 2015 in W.A.No.1004 of 2014 and connected cases
-: 3 :-
review petitioners does not challenge the aforesaid findings of ours, it is stated that if a seniority list is prepared based on the judgment, it may affect the functioning of the Board and the persons like the review petitioners will be assigned to do the work of Sub Engineer without any benefits attached to the said posts. We do not find that the aforesaid ground can be a basis for reviewing the judgment. The review petitioners, if they are aggrieved, are entitled to approach the KSEB.
R.P. Nos.1106 & 1179 of 2015 in W.A.No.1004 of 2014 and connected cases
We do not find any ground, which warrants review of the judgment dated 30.7.2015. Accordingly, all the review petitions are dismissed.
Sd/ASHOK BHUSHAN
CHIEF JUSTICE
Sd/A.M. SHAFFIQUE
J UDGE
Jvt/29.1.2016.
2 issues framed by the court
Whether to review the judgment directing the Board to consider a 1981 order for seniority lists.
Whether a ground of affecting functioning of the Board warrants exercise of review power.
Colour shows how this judgement treated each authority
Nair Service Society v. Dr. T. Beermasthan and othersReferred¶53
Nair Service Society v. Dr. T. Beermasthan and others [2009 (5) SCC 545] · Who else cites this
D. ANIL KUMAR and others
P. AJAYAKUMAR
KERALA STATE ELECTRICITY BOARD
NATIONAL COUNCIL FOR VOCATIONAL TRAINING
ASHOK BHUSHAN
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
