Dismissed

Jayasreee.K.T v. Kerala State Electricity Board Ltd.

Kerala HC19 Sept 2018WP(C)/9605/2018

Case brief

AI extract

What is this about?

Petitioner challenged her reversion from Senior Superintendent to Senior Assistant which was ordered to rectify an erroneous promotion. The court held that since the promotion was based on a mistake, the reversion order to correct the seniority error was legal and dismissed the writ petition.

What did the court decide?

Writ petition dismissed; Exs.P6 and P7 orders held to be legal and nondiscretionary.

Jayasreee.K.T Vs Kerala State Electricity… — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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WEDNESDAY,THE 19TH DAY OF SEPTEMBER 2018 / 28TH BHADRA, 1940

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WP(C).No. 9605 of 2018

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PETITIONER/S:

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JAYASREEE.K.T AGED 53 YEARS SENIOR SUPERINTENDENT, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, PARAPUKARA, THRISSUR DISTRICT.

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BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.K.SUDHINKUMAR SRI.MUHAMMED IBRAHIM ABDUL SAMAD SRI.P.MOHANDAS (ERNAKULAM) SRI.SABU PULLAN SRI.S.K.ADHITHYAN SRI.S.VIBHEESHANAN

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RESPONDENT/S:

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1 KERALA STATE ELECTRICITY BOARD LTD. REPRESENTED BY ITS SECRETARY (ADMINISTRATION),VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695004.

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2 THE CHIEF ENGINEER H.R.M. KERALA STATE ELECTRICITY BOARD LTD.,VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695004.

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SRI.M.K.THANKAPPAN, SC, KERALA STATE ELECTRICITY BOARD LIMITED

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 9605 of 2018

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J U D G M E N T

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Petitioner, who had been working as a Senior Superintendent, filed this writ petition challenging

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Exts.P6 and P7 orders, by which she was reverted as Senior Assistant, seeing that the promotion was granted to her erroneously. Subsequent to the filing of the writ petition, petitioner has been promoted as Senior Superintendent on the basis of her correct seniority. Ext.P6 order was passed seeing that petitioner was granted promotion erroneously.

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While working as Cashier in the KSEBL,

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petitioner availed leave without allowance for the period from 12.10.1995 to 21.05.2000. She was promoted as Senior Assistant on 20.06.2000. She went abroad to join her spouse availing leave without allowance for 5 years from 27.03.2004 and rejoined

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duty on 27.03.2009. She was promoted as Senior Superintendent as per Ext.P3 order dated 09.03.2015.

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WP(C).No. 9605 of 2018

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While continuing so, the 2^nd respondent issued Ext.P4 notice informing her that her promotion was made erroneously. It was stated that while petitioner was abroad on LWA for the period from 12.10.1995 to 21.05.2000, she was wrongly included in the promotion list of Senior Assistant as item No.87 as per order dated 15.01.1999; seeing that she was on LWA, the promotion was cancelled; but without taking notice of that she was assigned seniority at Rank No.2612 in the gradation list of Senior Assistants; she was granted promotion only on 20.06.2000, based on which the seniority was re-assigned as Rank No.3134. Mistake again crept in when DPC met for promotion to the post of Senior Superintendent and she was included as Sl. No.17 in the DPC list based on the incorrect ranking at Sl.No. 2612 resulting in grant of an erroneous promotion as Senior Superintendent as per order dated 09.03.2015. Petitioner was thereupon asked to show cause against

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WP(C).No. 9605 of 2018

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the proposed reversion in rectification of the error

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happened. Petitioner submitted Ext.P5 reply asserting her right to continue in the post pointing out that she was diligently working in the promoted post. Ext.P6 order was passed thereafter, confirming the decision to revert the petitioner as Senior Assistant, in rectification of the erroneous order of promotion. Ext.P7 order was passed posting the petitioner as Senior Assistant, in implementation of Ext.P6 order.

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This writ petition was filed in the above circumstances challenging the reversion pointing out that she was eligible for promotion even otherwise.

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Subsequent to the filing of the writ petition, petitioner has already been granted promotion as Senior Superintendent, based on her actual position in the seniority list. In view of the subsequent promotion, the petitioner had to work in the reverted post only for a period of 5 months.

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WP(C).No. 9605 of 2018

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The reversion is seen ordered in rectification of the mistake committed by the respondents. Petitioner, who was enjoying the benefit of an erroneous promotion, cannot have any right to continue in the post on the ground of her performance of duty, except after her promotion in accordance with her position in the seniority list.

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Therefore there is nothing illegal in Exts.P6 or P7 orders. The writ petition is dismissed.

Sd/-

P.V.ASHA, JUDGE.

WP(C).No. 9605 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ORDER NO.FB3/38/95 DATED 26-09-1995 ISSUED BY THE 2ND RESPONDENT.

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EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 4-12-2003. EXHIBIT P3 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 9-3-2015. EXHIBIT P4 TRUE COPY OF THE NOTICE GIVEN BY THE 2ND RESPONDENT TO THE PETITIONER DATED 8-1-2018.

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EXHIBIT P5 TRUE COPY OF THE EXPLANATION GIVEN BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 7-2-2018.

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EXHIBIT P6 TRUE COPY OF THE ORDER NO.EB.3(A)/SS REVISION TO SA/RECTIFYING ERROR/2018 DATED 8-3-2018 ISSUED BY THE 2ND RESPONDENT.

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EXHIBIT P7 TRUE COPY OF THE ORDER NO.EB3(B)/SA/REVERSION/REPOSTING/2018 DATED 9-3-2018 ISSUED BY THE 2ND RESPONDENT DATED 9-3-2018.

Jayasreee.K.T v. Kerala State Electricity Board Ltd.

Case brief

What is this about?

What did the court decide?

Jayasreee.K.T v. Kerala State Electricity Board Ltd.

Case brief

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What did the court decide?

What the court decided

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