Writ petition grounded on Articles 14,16,19 and 21 seeking writ of mandamus for promotion denied due to denial of seniority from 04.01.2010, along with declaration of constitutional violation.
prayer to issue writ of mandamus and declare violation dismissed as petitioners were already promoted on 09.02.2011.
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 MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY,THE 22ND DAY OF NOVEMBER 2022/ 1ST AGRAHAYANA, 1944
WP(C) NO. 991 OF 2011
PETITIONERS:
1 JAYANTH K.S., AGED 44 YEARS, S/O.SREEDHARAN, OVERSEER, ELECTRICAL SECTION,KERALA STATE ELECTRICITY BOARD, THRITHALA,RESIDING AT 'JAYA NIVAS', KANNANKUZHY,SHORANUR-11 P.O.,PALAKKAD DISTRICT.2 R.SIVAPRASAD, AGED 45 YEARS, S/O.V.K.RAMAN, OVERSEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, KOTHAMANGALAM,RESIDING AT VELAMPARAMBIL HOUSE, PUTHUPPADY P.O, CHIRAPPADY, KOTHAMANGALAM.3 MAJEETH.P.S., OVERSEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD,THRIKKAKARA, ERNAKULAM DISTRICT,RESIDING AT, DIL-MAHAL, KINATTUSALA ROAD,NEAR NPOL,THRIKKAKARA P.O,KOCHI-21.4 S.ANSARI, AGED 42 YEARS, S/O.SULAIMAN (LATE), OVERSEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD,BIG BAZAAR, PALAKKAD, RESIDING AT S.K.MAHAL, CHUNGAM, PERUVEMBA,, PALAKKAD-678 531.5 T.K.DASAN,OVERSEER,ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, KALAMASSERY, ERNAKULAM DISTRICT,R ESIDING AT THANDASSERY HOUSE, T.O.G.PASS ROAD,NORTH KALAMASSERY,PIN-683104, ERNAKULAM DISTRICT.BY ADVS.SRI.T.RAMPRASAD UNNI
SRI.RAHUL VENUGOPAL
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN,PATTOM,THIRUVANANTHAPURAM-695004,, REPRESENTED BY ITS SECRETARY.2 THE CHIEF ENGINEER (HRM) THE KERALA STATE ELECTRICITY BOARD,VYDYUTHI BHAVANAM,PATTOM,, THIRUVANANTAPURAM-659004.BY ADV SRI.M.K.THANKAPPAN, SC,KSEBL.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.991 OF 2011
2
P.V.KUNHIKRISHNAN, J.
===========================
WP(C) No.991 of 2011
============================
Dated this the 22nd day of November, 2022
JUDGMENT
The above writ petition is filed with following
prayers:-
consideration, the learned Standing Counsel appearing for the respondent Board submitted that the petitioners were already promoted with effect from 09.02.2011. In the light of the same, nothing survives in this case.
petition is closed.
Sd/P. V.KUNHIKRISHNAN JUDGE
nk
WP(C) No.991 OF 2011
3
APPENDIX
PETITIONERS’ EXHIBITS
| EXHIBIT P1 | : TRUE COPY OF THE COMMUNICATION DATED 03.03.2010 FROM R1 TO THE KERALA PUBLIC SERVICE COMMISSION |
|---|---|
| EXHIBIT P2 | : TRUE COPY OF THE ORDER DATED 08.07.2010 ISSUED BY R2. |
| EXHIBIT P3 | : TRUE COPY OF THE JUDGMENT DT.06.08.2010 IN W.P.(C)NO.22396 OF 2010 |
| EXHIBIT P4 | : TRUE COPY OF CIRCULAR DT.17.08.2010 ISSUED BY R1 |
| EXHIBIT P5 | : TRUE COPY OF ORDER DT.07.12.2010 ISSUED BY R1 |
| EXHIBIT P6 | : TRUE COPY OF NEWS ITEM PUBLISHED IN THE MANGALAM DAILY DT.14.12.2010. |
2 issues framed by the court
Whether the writ petition quoting denial of promotion violates fundamental rights and requires a Writ of Mandamus given the subsequent promotion?
Whether this writ petition survives if the petitioners were already promoted after the filing date?
Jayanth K.S. and 4 others
Kerala State Electricity Board
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court