High Court of KeralaSingle JudgeWrit petition disposed of accordingly; petition...

SWAPNA M. and others v. STATE OF KERALA and others

Case / Petition Number:WP(C).No.37479 OF 2018(H)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P. V. ASHA
Judgment Date
2019-10-23
Court Decision / Holding
The writ petition is disposed of; petitioners can claim only against 822 posts of Assistant Engineers under the 40% direct recruitment quota. Respondents are directed to report any vacancies within the 822 posts well before the expiry of the rank list.
Final Disposition
Writ petition disposed of accordingly; petitioners’ claim limited to 822 direct recruitment posts; RTI-based evidence treated with caution; no relief beyond 822 posts.

Parties to the Case

Appellants / Petitioners

  • SWAPNA M.
  • MAHESH.V.M.
  • VINOD P.KURIAN
  • ASWATHY ASHOK
  • SREEJITH.M.P.
  • ANAS.A.S.
  • ABIN.K.K.
  • JOSHIN JOHN KOCHUPURACKAL
  • PRAVEEN VIJAYAN THANIKUZHIYIL
  • HENRY BASTIAN.C.

Respondents

  • STATE OF KERALA Represented by the Principal Secretary to Government, Power Department Secretariat, Thiruvananthapuram 695001
  • THE SECRETARY TO GOVERNMENT, PERSONNEL & ADMINISTRATIVE REFORMS (AVC) DEPARTMENT, Secretariat, Thiruvananthapuram - 695001
  • KERALA STATE ELECTRICITY BOARD represented by its Secretary, Vaidyuthi Bhavan, Pattom, Thiruvananthapuram - 695004
  • THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, Vaidhyuthi Bhavan, Pattom, Thiruvananthapuram - 695004
  • THE DIRECTOR (HRM), KERALA STATE ELECTRICITY BOARD, Vaidhyuthi Bhavan, Pattom, Thiruvananthapuram - 695004
  • KERALA PUBLIC SERVICE COMMISSION represented by its Secretary, Pattom, Thiruvananthapuram - 695004

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri Pirappancode V.S. Sudhir
  • • Sri Jelson J. Edampadam
  • • Smt. A. Megha

Counsels for Respondents

  • • Government Pleader (for R2)
  • • Aneetha A.G., SC
  • • Sri Raju Joseph (Sr.)
  • • Sri C. Joseph Antony
  • • Smt. Rekha C. Nair
  • • Sri P.C. Sasidharan, SC

Case Synopsis & Summary

This writ petition (WP(C).No.37479 of 2018(H)) relates to appointments for the post of Assistant Engineer (Electrical) in the Kerala State Electricity Board (KSEB) based on Ext.P2 rank list issued by the Kerala Public Service Commission (KPSC) and effective from 30-12-2016, with the rank list normally valid until 29-12-2019. The petitioners contend that KSEB is appointing Assistant Engineers on a contract basis, inviting quotations, without transparency and without PSC permission, and that such appointments fall outside the 40% direct recruitment quota, as claimed in Ext.P2 (757 contract posts) and supported by RTI responses (Exts.P7–P12, P35–P87). They rely on RTI-derived data to argue that vacancies should be filled from the direct recruitment quota rather than through back-door contracts. The respondents counter that cadre strength and manpower needs justify contract engagement for non-direct recruitment posts; there are 822 40% quota direct recruitment posts after adjustments, while 60% are through transfers/promotions, with promotions pending due to other litigation, and structural changes overseen by KSERC. The court notes a Division Bench decision (Muhammed Siyad P.A. v. Sreejith Appu) on RTI data reliability but ultimately holds that petitioners can claim only against the 822 direct recruitment posts and disposes of the petition accordingly.

Provisions of Law Cited

Right to Information Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the KSEB is appointing Assistant Engineers on contract basis despite a valid rank list, without transparency or permission from the Board or government, effectively bypassing the 40% direct recruitment quota. They rely on Exts.P7–P12 and Ext.P35–P87 (RTI-based documents) to show contract appointments held against 757 posts and argue those appointments are not authorized under the rank-list regime. They urge the Court to enforce appointments strictly from the rank list quota and to scrutinize the legality of contract hires, especially where 40% direct recruitment posts are concerned. They rely on Ext.P2 and related materials to argue for a department-wide adherence to PSC-determined vacancies before extending any contractual engagements.

Contentions of Respondents

The respondents argue that the cadre strength and manpower needs necessitate flexible staffing, including contract engagements, to manage ongoing projects. They claim the 40% direct recruitment quota comprises 822 posts after upgradation/restoration, while 60% is by transfer/promotion; promotions have been pending due to W.A.2788/2015 and broader restructuring under KSERC. They maintain that contract appointments are authorized by KSEB and essential to meet project demands, with RTI data not undermining the board’s credibility, and that only vacancies within the 40% quota are claimable by rank-list holders.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Muhammed Siyad P.A. and Others v. Sreejith Appu and Others2016 (3) KHC 233 (DB)Mentioned OnlyCited to discuss reliability considerations around RTI data; the present Court does not adopt the earlier reasoning and treats it as a point of reference rather than controlling authority.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNESDAY, THE 23RD DAY OF OCTOBER 2019 / 1ST KARTHIKA, 1941** ## **WP(C).No.37479 OF 2018(H)** ## **PETITIONERS:** |**1**|**SWAPNA M.**| |---|---| ||**158 AKG NAGAR**| ||**PEROORKADA**| ||**THIRUVANANTHAPURAM 695 005.**| |**2**|**MAHESH.V.M.**| ||**SREEVALSAM HOUSE,**| ||**NEAR JAYALAKSHMI SILKS,**| ||**POOTHOLE.P.O., THRISSUR - 680 004.**| |**3**|**VINOD P.KURIAN**| ||**PALLAMPURATH HOUSE,**| ||**VENGOOR, VENGOOR P.O.,**| ||**ERNAKULAM DIST. - 683 546.**| |**4**|**ASWATHY ASHOK**| ||**AREEPPURATHU HOUSE,**| ||**KATTIKUNNU, CHEMPU P.O.,**| ||**VAIKOM, KOTTAYAM - 686 608.**| |**5**|**SREEJITH.M.P.**| ||**MANGAL HOUSE,**| ||**NIRMALAGIRI P.O.,**| ||**KANNUR - 670 701.**| |**6**|**ANAS.A.S.**| ||**RAHUMANIYA MANZIL,**| ||**MANALETHU PACHA,**| ||**THATTATHUMALA P.O.,**| ||**KILIMANOOR,**| ||**THIRUVANANTHAPURAM - 695 614.**| |**7**|**ABIN.K.K.**| ||**KUDILINKAL HOUSE,**| ||**VARADOOR P.O.,**| ||**MEENANGADI VIA,**| ||**WAYANAD - 673 591.**| WP(C).No.37479 OF 2018(H) 2 - **8 JOSHIN JOHN KOCHUPURACKAL HOUSE, KURICHY P.O., KOTTAYAM - 686 532.** - **9 PRAVEEN VIJAYAN THANIKUZHIYIL HOUSE, KADAVOOR P.O., PAINGOTTOOR, ERNAKULAM DIST - 686 671.** - **10 HENRY BASTIAN.C. CHERUVATHOOR HOUSE, PAVARATTY P.O., THRISSUR DIST. - 680 507. BY ADVS.** **SRI.PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM SMT.A.MEGHA** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, POWER DEPARTMENT SECRETARIAT THIRUVANANTHAPURAM 695001.** - **2 THE SECRETARY TO GOVERNMENT PERSONNEL & ADMINISTRATIVE REFORMS (AVC) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** - **3 THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY IS SECRETARY, VAIDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004.** - **4 THE CHIEF ENGINEER (HRM) KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004.** WP(C).No.37479 OF 2018(H) 3 **5 THE DIRECTOR (HRM) KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004.** **6 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM - 695 004.** **BY ADVS.** **R2 BY GOVERNMENT PLEADER R3-5 BY SMT.ANEETHA A.G., SC, KERALA STATE ELECTRICITY BOARD LIMITED R3-5 BY ADV. SRI.RAJU JOSEPH (SR.) R3-5 BY ADV. SRI.C.JOSEPH ANTONY SR.GP.SMT.REKHA C. NAIR SRI. P.C.SASIDHARAN, SC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.37479 OF 2018(H) 4 ## **JUDGMENT** The petitioners are candidates included in the Ext.P2 rank list for appointment to the post of Assistant Engineer (Electrical) in the Kerala State Electricity Board Ltd (KSEB), published by the Kerala Public Service Commission which came into force 30.12.2016. The normal validity period of the rank list is due to expire on 29.12.2019. 2. Producing Exts.P7 to P34 documents, petitioners assert that the respondent Board is making appointments of Assistant Engineers on contract basis inviting quotations, without any transparency and without getting permission from the KSEBL. According to them no such appointment can be made when there is a valid rank list in force. In Ext.P2 it is stated that appointment is made against 757 sanctioned posts of Assistant Engineers on contract basis. They rely on the information collected under the Right to Information Act as well as the answers received on questions put in the Legislative Assembly. They are also relying on Ext.P12 letter by which the Special Secretary of the Personnel and Administrative Reforms Department addressed the Secretary to the KSEB calling for a report/explanation with respect to the engagement of Electrical Engineers on contract basis during the currency of a rank list, without permission from the Board or the WP(C).No.37479 OF 2018(H) 5 Government. 3. The respondents 3 to 5 have filed a counter affidavit stating that the sanctioned strength of Assistant Engineers (Electrical) is 2340; after accounting for other appointments the cadre strength is 2295; . The method of appointment to the post of Assistant Engineer is in the ratio 4:1:3:2 between direct recruitment from open market, by transfer of in service graduate Engineers, promotion of Diploma holders and of certificate holders. The number of posts under 40% quota earmarked for direct recruitment is 918. It is stated that Government accorded sanction for upgradation of 167 places of Assistant Engineer (Electrical) to the posts of Assistant Executive Engineer (Electrical). As against this 161 places were upgraded. Out of this 107 were posts in the 40% quota and therefore number of posts available for direct recruitment was only 811; since 11 posts out of the 107 were restored, the number of posts in 40% quota came to 822. According to the respondent there are 820 persons working in the cadre of Assistant Engineer (Electrical) in the 40% quota and there are only two vacancies. (This counter affidavit was filed in August 2019). It was stated that those two vacancies would be reported to PSC. Therefore, contention of the respondents is that petitioners cannot have any claim against any posts other than those WP(C).No.37479 OF 2018(H) 6 822 posts earmarked for direct recruitment in the 40% quota. It is stated that 60% of the posts are earmarked for appointment by transfer/promotion of inservice candidates; It is stated that promotions from diploma and ITI quota are held up since 2014 due to pendency of W.A.2788/2015; it is stated that no additional posts are sanctioned commensurate with the expansion in its activities; restructuring is under the control of the Kerala State Electricity Regulatory Commission; though several new projects are introduced; requirement of manpower is managed by granting work contract in transparent manner; it is the contention of the respondents that the petitioners cannot have any claim against any vacancy other than under the 40% quota for direct recruitment. It is stated that Ext P7 or Ext P12 letters do not indicate that any of the posts referred to therein are posts under the quota for direct recruitment or that the contract appointment is made against any such posts. It is stated that the contract appointments made are authorised by the KSEB as informed in Ext R3(a) letter to the Special Secretary. 4. The petitioners have filed reply affidavits as well as additional reply affidavits asserting that promotions were made subsequently and 40% of the 757 posts against which contract appointment is made are liable to be filled up by appointing persons WP(C).No.37479 OF 2018(H) 7 included in direct recruitment. 5. Even though petitioners have filed a number of additional documents Ext P35 to P87 asserting appointment of contract appointments and claiming appointment in their place, there is no material to show that the cadre strength stated in the counter affidavit filed by the respondents 3 to 5 is incorrect. Even if the appointments are made on contract basis in case 40% of the cadre strength is already manned by directly recruited Assistant Engineers the petitioners cannot have any claim as against contract appointments. 6. Though it is correct to say that appointments on contract basis after inviting quotation or through back door are not expected to be made in a public limited company, as far as the petitioners are concerned they cannot have any claim as against any vacancy available other than in the 40% quota. If contract appointments are made against vacancies in other quota, petitioners do not have any right to claim that such vacancies shall be filled up from their rank list. 7. It is also relevant to note the judgment of the Division Bench in **Muhammed Siyad P.A. and Others v. Sreejith Appu and Others** [2016 (3) KHC 233] (DB)] while considering the claims raised by the rank holders for the very same post in the previous selection on the WP(C).No.37479 OF 2018(H) 8 basis of information received under the Right to Information Act. This Court held that the facts and figures furnished by the authority competent to make appointments is not liable to be disbelieved and the information furnished under the Right to Information Act would not be reliable. Similarly, there is no reason to disbelieve the version of the respondent KSEB with respect to the cadre strength and the physical strength. In the circumstances of the case, I find that the petitioners can have claim only on 822 posts of Assistant Engineers. The respondents have stated that there are 820 persons working in the 40% quota on appointment by direct recruitment. In case there is any vacancy in the 40% quota of 822 posts, the respondents shall report those vacancies well before the expiry of the rank list. The writ petition is disposed of accordingly. **SCS** **Sd/P.V.ASHA JUDGE** WP(C).No.37479 OF 2018(H) 9 ## **APPENDIX** ## **PETITIONERS' EXHIBITS:** |**EXHIBIT P1**|**TRUE COPY OF THE NOTIFICATION INVITING**| |---|---| ||**APPLICATION FOR APPOINTMENT TO THE POST**| ||**OF ASSISTANT ENGINEER (ELECTRICAL ) IN**| ||**THE KERALA STATE ELECTRICITY BOARD,**| ||**PUBLISHED BY THE 5TH RESPONDENT IN THE**| ||**KERALA GAZETTE DATED 31/12/2013.**| |**EXHIBIT P2**|**TRUE COPY OF THE RELEVANT EXTRACT OF THE**| ||**RANKED LIST OF ASSISTANT ENGINEER**| ||**(ELECTRICAL) IN KERALA STATE ELECTRICITY**| ||**BOARD, PUBLISHED BY THE 5TH RESPONDENT,**| ||**WHICH WAS BROUGHT INTO FORCE WITH EFFECT**| ||**FROM 30/12/2016.**| |**EXHIBIT P3**|**TRUE COPY OF THE RELEVANT EXTRACT OF THE**| ||**APPOINTMENT CHART, PUBLISHED BY THE**| ||**PUBLIC SERVICE COMMISSION, REFERRING TO**| ||**THE DATE OF ADVICE I.E.01/03/2017.**| |**EXHIBIT P4**|**TRUE COPY OF THE RELEVANT EXTRACT OF THE**| ||**APPOINTMENT CHART, PUBLISHED BY THE**| ||**PUBLIC SERVICE COMMISSION, REFERRING TO**| ||**THE DATE OF ADVICE I.E.23/01/2018.**| |**EXHIBIT P5**|**TRUE COPY OF THE RELEVANT EXTRACT OF THE**| ||**APPOINTMENT CHART, PUBLISHED BY THE**| ||**PUBLIC SERVICE COMMISSION, REFERRING TO**| ||**THE DATE OF ADVICE I.E.09/04/2018.**| |**EXHIBIT P6**|**TRUE COPY OF THE RELEVANT EXTRACT OF THE**| ||**APPOINTMENT CHART, PUBLISHED BY THE**| ||**PUBLIC SERVICE COMMISSION, REFERRING TO**| ||**THE DATE OF ADVICE I.E.04/09/2018.**| |**EXHIBIT P7**|**TRUE COPY OF THE UN-STARRED QUESTION**| ||**NO.2406 AND ALSO THE REPLY GIVEN ON**| ||**05/02/2018 BY THE HON'BLE MINISTER ALONG**| ||**WITH THE DETAILS OF THE EHT SUB STATIONS**| ||**AND THE TOTAL NUMBER OF PERSONS ENGAGED.**| |**EXHIBIT P8**|**TRUE COPY OF THE LETTER DATED 14/05/2018**| ||**OF SRI.V.PURUSHOTHAMA PANICKER ADDRESSED**| ||**TO THE STATE PUBLIC INFORMATION OFFICER,**| ||**POWER DEPARTMENT, SECRETARIAT.**| WP(C).No.37479 OF 2018(H) 10 |**EXHIBIT P9**|**TRUE COPY OF THE LETTER**| |---|---| ||**NO.PWR/A2/167/2018-POWER DATED 19/05/2018**| ||**OF THE UNDER SECRETARY AND STATE PUBLIC**| ||**INFORMATION OFFICER, POWER DEPARTMENT,**| ||**ISSUED TO SRI.V.PURUSHOTHAMA PANICKER IN**| ||**REPLY TO EXT.P8 LETTER.**| |**EXHIBIT P10**|**TRUE COPY OF THE LETTER**| ||**NO.X.LAA/2542/2018 DATED 08/05/2018 OF**| ||**THE 2ND RESPONDENT ADDRESSED TO THE**| ||**PRINCIPAL SECRETARY, POWER DEPARTMENT,**| ||**ALONG WITH THE DETAILS OF THE ASSISTANT**| ||**ENGINEERS WORKING ON WORK CONTRACT BASIS**| ||**IN THE SANCTIONED POST OF ASSISTANT**| ||**ENGINEERS, ALONG WITH THE AFORESAID**| ||**DETAILS.**| |**EXHIBIT P11**|**TRUE COPY OF THE LETTER NO.AVC.V-**| ||**1/42/2018/P&ARD DATED 03/11/2018 OF THE**| ||**STATE PUBLIC INFORMATION OFFICER AND**| ||**UNDER SECRETARY, PERSONNEL &**| ||**ADMINISTRATIVE REFORMS (AVC) DEPARTMENT,**| ||**ISSUED TO SRI.V.PURUSHOTHAMA PANICKER.**| |**EXHIBIT P12**|**TRUE COPY OF THE LETTER NO.1826958**| ||**AVC.V(1)/17/P&ARD DATED 05/10/2018 OF THE**| ||**SPECIAL SECRETARY, P&ARD (AVC) DEPARTMENT**| ||**ADDRESSED TO THE 3RD RESPONDENT.**| |**EXHIBIT P13**|**TRUE COPY OF THE REPRESENTATION DATED**| ||**16/04/2018 FILED BY THE RANK HOLDERS**| ||**BEFORE THE HON'BLE CHIEF MINISTER.**| |**EXHIBIT P14**|**TRUE COPY OF THE ESTIMATE REPORT PREPARED**| ||**BY THE ASSISTANT ENGINEER, 110 KV SUB**| ||**STATION, KATTAKKADA AND COUNTER SIGNED BY**| ||**THE ASSISTANT EXECUTIVE ENGINEER,**| ||**TRANSMISSION SUB DIVISION, THIRUMALA.**| |**EXHIBIT P15**|**TRUE COPY OF THE ESTIMATE FOR SUPPLYING**| ||**ENGINEERING DEGREE HOLDERS ON WORK**| ||**CONTRACT BASIS AS OPERATORS AT 110 KV SUB**| ||**STATION, KATTAKKADA FROM 01/04/2018 TO**| ||**30/06/2018, WHEREIN THE ENDORSEMENT MADE**| ||**BY THE EXECUTIVE ENGINEER, SANCTIONING OF**| ||**SAID ESTIMATE.**| WP(C).No.37479 OF 2018(H) 11 **EXHIBIT P16** **TRUE COPY OF THE WORK ORDER DATED 31/03/2018.** - **EXHIBIT P17 TRUE COPY OF THE AGREEMENT NO.26/SS KTDA/2017-18 DATED 31/03/2018 EXECUTED BETWEEN THE ASST.ENGNEER, 110 KV SUB STATION, KATTAKKADA.** - **EXHIBIT P18 TRUE COPY OF THE QUOTATION NO.44/2017-18 DATED 14/02/2018 ISSUED BY THE EXECUTIVE ENGINEER, TRANSMISSION DIVISION, MADAKKATHARA.** - **EXHIBIT P19 TRUE COPY OF THE ORDER NO.DB2/CONTRACT A3/2017-18/995 DATED 14/02/2018 OF THE EXECUTIVE ENGINEER, TRANSMISSION DIVISION, MADAKKATHARA.** - **EXHIBIT P20 TRUE COPY OF THE DATA, PREPARED BY THE ASSISTANT ENGINEER, SUB STATION, MADAKKATHARA AND FURTHER APPROVED BY THE EXECUTIVE ENGINEER, TRANSMISSION DIVISION, MADAKKATHARA, WHEREIN IT IS ACKNOWLEDGED THEREIN THAT 4 POST OF ASSISTANT ENGINEERS ARE VACANT.** **EXHIBIT P21 TRUE COPY OF THE ESTIMATE PREPARED BY THE ASSISTANT ENGINEER, SUB STATION, MADAKKATHARA AND FURTHER APPROVED BY THE EXECUTIVE ENGINEER, TRANSMISSION DIVISION, MADAKKATHARA, WHEREIN IT IS ACKNOWLEDGED THEREIN THAT 4 POSTS OF ASSISTANT ENGINEERS ARE VACANT. EXHIBIT P22 TRUE COPY OF THE ESTIMATE REPORT PREPARED BY THE ASSISTANT ENGINEER, SUB STATION, MADAKKATHARA AND FURTHER APPROVED BY THE EXECUTIVE ENGINEER, TRANSMISSION DIVISION, MADAKKATHARA WHEREIN IT IS ACKNOWLEDGED THEREIN THAT 4 POSTS OF ASSISTANT ENGINEERS ARE VACANT. EXHIBIT P23 TRUE COPY OF THE W.O.NO.57.1718/EE/TD/MDKA DATED 26/02/2018 OF THE EXECUTIVE ENGINEER, TRANSMISSION DIVISION, MADAKKATHARA.** WP(C).No.37479 OF 2018(H) 12 |**EXHIBIT P24**|**TRUE COPY OF THE AGREEMENT NO.73-2017-18**| |---|---| ||**DATED 01/03/2018 EXECUTED BETWEEN**| ||**MS.GEETHU.V.S. AND THE EXECUTIVE**| ||**ENGINEER, TRANSMISSION DIVISION,**| ||**MADAKKATHARA.**| |**EXHIBIT P25**|**TRUE COPY OF THE WORK ORDER**| ||**NO.58/AEE/SSD-KVD/DB10/17-18/O&M-ATTL**| ||**DATED 20/12/2017 OF THE ASSISTANT**| ||**EXECUTIVE ENGINEER, SUB STATION SUB**| ||**DIVISION, KAVANAD.**| |**EXHIBIT P26**|**TRUE COPY OF THE WORK ORDER NO.48/17-**| ||**18/AEE/TCSDT DATED 22/12/2017 OF THE**| ||**ASSISTANT EXECUTIVE ENGINEER, TC SUB**| ||**DIVISION, THIRUVALLA.**| |**EXHIBIT P27**|**TRUE COPY OF THE WORK ORDER NO.EE/TCD-**| ||**KTR/13-2017-18 DATED 26/12/2017 OF THE**| ||**EXECUTIVE ENGINEER, TRANSMISSION**| ||**CONSTRUCTION DIVISION, KOTTARAKKARA.**| |**EXHIBIT P28**|**TRUE COPY OF THE WORK ORDER NO.24/AEE/220**| ||**KV SSDK/KDRA DATED 27/12/2017 OF THE**| ||**ASSISTANT EXECUTIVE ENGINEER,220 KV SUB**| ||**STATION SUB DIVISION, KUNDARA, KOLLAM.**| |**EXHIBIT P29**|**TRUE COPY OF THE WORK ORDER NO.TSDE-**| ||**63/2017-18 DATED 29/12/2017 OF THE**| ||**ASSISTANT EXECUTIVE ENGINEER,**| ||**TRANSMISSION SUB DIVISION, EDARIKODE.**| |**EXHIBIT P30**|**TRUE COPY OF THE WORK ORDER NO.54-17-**| ||**18/AEE/TCDCT DATED 29/01/2018 OF THE**| ||**ASSISTANT EXECUTIVE ENGINEER, TC SUB**| ||**DIVISION, THIRUVALLA.**| |**EXHIBIT P31**|**TRUE COPY OF THE AGREEMENT NO.12/16-**| ||**17/AMBGM DATED 31/12/2016, EXECUTED**| ||**BETWEEN THE ASSISTANT EXECUTIVE ENGINEER,**| ||**SUB STATION, AMBALAMUGHAL AND ONE**| ||**SMT.JINSHA K.M.**| |**EXHIBIT P32**|**TRUE COPY OF THE AGREEMENT**| ||**NO.EE/48/TDM/17-18 DATED 28/11/2017**| ||**EXECUTED BETWEEN THE EXECUTIVE ENGINEER,**| ||**TRANSMISSION DIVISION, MAVELIKKARA AND**| ||**AKHILV., SREEKAILAS.**| WP(C).No.37479 OF 2018(H) 13 |**EXHIBIT P33**|**TRUE COPY OF THE AGREEMENT**| |---|---| ||**NO.EE/42/TDM/17-18 DATED 28/11/2017**| ||**EXECUTED BETWEEN THE EXECUTIVE ENGINEER,**| ||**TRANSMISSION DIVISION, MAVELIKKARA AND**| ||**VIVEK.V., PALLATHU VADAKKETHIL.**| |**EXHIBIT P34**|**TRUE COPY OF AGREEMENT NO.EE/54/TDM/17-18**| ||**DATED 29/11/2017 EXECUTED BETWEEN THE**| ||**EXECUTIVE ENGINEER, TRANSMISSION**| ||**DIVISION, MAVELIKKARA AND ANEESH**| ||**KUMAR.K.R.**| |**EXHIBIT P35**|**TRUE COPY OF THE ORDER NO.EB 1/AE-**| ||**AEE/ELE./TEMPORARY PROMOTION/2018-19**| ||**DATED 10/01/2019 OF THE BOARD.**| |**EXHIBIT P36**|**TRUE COPY OF THE RELEVANT EXTRACT OF THE**| ||**SENIORITY LIST OF ASSISTANT ENGINEER**| ||**(ELECTRICAL) UNDER 40% QUOTA.**| |**EXHIBIT P37**|**TRUE COPY OF THE UNSTARRED QUESTION**| ||**NO.4294 AND ALSO THE REPLY GIVEN ON**| ||**13/12/2018, BY THE HON'BLE MINISTER FOR**| ||**ELECTRICITY.**| |**EXHIBIT P38**|**TRUE COPY OF THE APPLICATION DATED**| ||**12/09/2018 SUBMITTED BY SRI.RIYAS R.,**| ||**UNDER RIGHT TO INFORMATION ACT,ADDRESSED**| ||**TO THE STATE PUBLIC INFORMATION OFFICER,**| ||**OFFICE OF THE CHIEF ENGINEER (HRE).**| |**EXHIBIT P39**|**TRUE COPY OF THE LETTER NO.EB**| ||**7(A)/RTIA/485/2018 DATED 16/10/2018 OF**| ||**THE 4TH RESPONDENT.**| |**EXHIBIT P40**|**TRUE COPY OF THE ORDER EB1(A)/SE-**| ||**AE(ELE.)/TEMP. PRO/2018 DATED 22/11/2018**| ||**OF THE BOARD, ALONG WITH ITS ANNEXURE.**| |**EXHIBIT P41**|**TRUE COPY OF THE MINUTES OF THE MEETING**| ||**CONDUCTED BY THE CHIEF SAFETY**| ||**COMMISSIONER ON 03/12/2018.**| |**EXHIBIT P42**|**TRUE COPY OF THE ATTENDANCE DETAILS**| ||**PERTAINING FROM JANUARY 2017 TO JULY 2018**| ||**IN RESPECT OF THE 110 KV SUB STATION,**| ||**VALAPPAD.**| WP(C).No.37479 OF 2018(H) 14 |**EXHIBIT P43**|**TRUE COPY OF THE ATTENDANCE DETAILS AT**| |---|---| ||**110 KV SUB STATION, CHERPU FROM AGAIN**| ||**JANUARY 2017 TO JULY 2018.**| |**EXHIBIT P44**|**TRUE COPY OF THE ATTENDANCE REGISTER FROM**| ||**JANUARY 2017 TO JULY 2018 OF THE 110 KV**| ||**SUB STATION, GURUVAYUR.**| |**EXHIBIT P45**|**TRUE COPY OF THE JUDGMENT DATED**| ||**04/02/2019 OF THIS HON'BLE COURT IN WA**| ||**NO.2273/2018.**| |**EXHIBIT P46**|**TRUE COPY OF THE ORDER NO. EB1/AE-**| ||**AEE/TEMPORARY PROMOTION/ 2018-19 DATED**| ||**20/07/2018 OF THE 4TH RESPONDENT.**| |**EXHIBIT P47**|**TRUE COPY OF THE DETAILS REGARDING THE 69**| ||**VACANCIES ADVISED, WHICH WE HAD**| ||**DOWNLOADED FROM THE OFFICIAL WEBSITE OF**| ||**THE KERALA PUBLIC SERVICE COMMISSION.**| |**EXHIBIT P48**|**TRUE COPY OF THE CIRCULAR**| ||**NO.ADV.C3/149/149/18/P&ARD DATED**| ||**10/08/2018 ISSUED BY THE PERSONNEL AND**| ||**ADMINISTRATIVE REFORMS DEPARTMENT OF THE**| ||**GOVERNMENT OF KERALA**| |**EXHIBIT P49**|**TRUE COPY OF THE CIRCULAR NO.**| ||**ADV.C3/304/17/P&ARD DATED 16/08/2017**| ||**ISSUED BY THE PERSONNEL AND**| ||**ADMINISTRATIVE REFORMS DEPARTMENT OF THE**| ||**GOVERNMENT OF KERALA**| |**EXHIBIT P50**|**TRUE COPY OF THE ESTIMATE REPORT,**| ||**PREPARED FOR ENGAGING**| ||**ELECTRICAL/ELECTRONICS ENGINEERING DEGREE**| ||**HOLDERS AS SHIFT OPERATORS AT 66 KV SUB**| ||**STATION, AYOOR AND THE STATEMENT OF WORK**| ||**ALLOCATION AND WORK DONE, APPENDED ALONG**| ||**WITH IT, FOR THE MONTH OF DECEMBER 2013.**| |**EXHIBIT P51**|**TRUE COPY OF THE ESTIMATE REPORT,**| ||**PREPARED FOR ENGAGING**| ||**ELECTRICAL/ELECTRONICS ENGINEERING DEGREE**| ||**HOLDERS AS SHIFT OPERATORS AT 66 KV SUB**| ||**STATION, AYOOR AND THE STATEMENT OF WORK**| ||**ALLOCATION AND WORK DONE, APPENDED ALONG**| ||**WITH IT, FOR THE MONTHS OF JANUARY,**| ||**FEBRUARY AND MARCH, 2014.**| WP(C).No.37479 OF 2018(H) 15 **EXHIBIT P52 TRUE COPY OF THE ESTIMATE REPORT, PREPARED FOR ENGAGING ELECTRICAL/ELECTRONICS ENGINEERING DEGREE HOLDERS AS SHIFT OPERATORS AT 66 KV SUB STATION, AYOOR AND THE STATEMENT OF WORK ALLOCATION AND WORK DONE, APPENDED ALONG WITH IT, FOR THE MONTHS OF APRIL, MAY AND JUNE, 2014. EXHIBIT P53 TRUE COPY OF THE ESTIMATE REPORT, PREPARED FOR ENGAGING ELECTRICAL/ELECTRONICS ENGINEERING DEGREE HOLDERS AS SHIFT OPERATORS AT 66 KV SUB STATION, AYOOR AND THE STATEMENT OF WORK ALLOCATION AND WORK DONE, APPENDED ALONG WITH IT, FOR THE MONTHS OF JULY, AUGUST AND SEPTEMBER, 2014. EXHIBIT P54 TRUE COPY OF THE ESTIMATE REPORT, PREPARED FOR ENGAGING ELECTRICAL/ELECTRONICS ENGINEERING DEGREE HOLDERS AS SHIFT OPERATORS AT 66 KV SUB STATION, AYOOR AND THE STATEMENT OF WORK ALLOCATION AND WORK DONE, APPENDED ALONG WITH IT, FOR THE MONTH OF OCTOBER, NOVEMBER AND DECEMBER 2014. EXHIBIT P55 TRUE COPY OF THE ESTIMATE REPORT, PREPARED FOR ENGAGING ELECTRICAL/ELECTRONICS ENGINEERING DEGREE HOLDERS AS SHIFT OPERATORS AT 110 KV SUB STATION, AYOOR AND THE STATEMENT OF WORK ALLOCATION AND WORK DONE, APPENDED ALONG WITH IT, FOR THE MONTHS OF JANUARY, FEBRUARY AND MARCH 2015. EXHIBIT P56 TRUE COPY OF THE ESTIMATE REPORT, PREPARED FOR ENGAGING ELECTRICAL/ELECTRONICS ENGINEERING DEGREE HOLDERS AS SHIFT OPERATORS AT 110 KV SUB STATION, AYOOR AND THE STATEMENT OF WORK ALLOCATION AND WORK DONE, APPENDED ALONG WITH IT, FOR THE MONTHS OF APRIL, MAY AND JUNE 2015.** WP(C).No.37479 OF 2018(H) 16 |**EXHIBIT P57**|**TRUE COPY OF THE ESTIMATE REPORT,**| |---|---| ||**PREPARED FOR ENGAGING**| ||**ELECTRICAL/ELECTRONICS ENGINEERING DEGREE**| ||**HOLDERS AS SHIFT OPERATORS FOR ATTENDING**| ||**SHIFT DUTY AT 66 KV SUB STATION, AYOOR**| ||**AND THE STATEMENT OF WORK ALLOCATION AND**| ||**WORK DONE, APPENDED ALONG WITH IT, FOR**| ||**THE MONTHS OF JULY, AUGUST AND SEPTEMBER**| ||**2015.**| |**EXHIBIT P58**|**TRUE COPY OF THE ESTIMATE REPORT,**| ||**PREPARED FOR ENGAGING**| ||**ELECTRICAL/ELECTRONICS ENGINEERING DEGREE**| ||**HOLDERS AS SHIFT OPERATORS FOR ATTENDING**| ||**SHIFT DUTY AT 66 KV SUB STATION, AYOOR**| ||**AND THE STATEMENT OF WORK ALLOCATION AND**| ||**WORK DONE, APPENDED ALONG WITH IT, FOR**| ||**THE MONTHS OF OCTOBER, NOVEMBER AND**| ||**DECEMBER 2015.**| |**EXHIBIT P59**|**TRUE COPY OF THE ESTIMATE REPORT,**| ||**PREPARED FOR ENGAGING**| ||**ELECTRICAL/ELECTRONICS ENGINEERING DEGREE**| ||**HOLDERS AS SHIFT OPERATORS FOR ATTENDING**| ||**SHIFT DUTY AT 66 KV SUB STATION, AYOOR**| ||**AND THE STATEMENT OF WORK ALLOCATION AND**| ||**WORK DONE, APPENDED ALONG WITH IT, FOR**| ||**THE MONTHS OF JANUARY, FEBRUARY AND MARCH**| ||**2016.**| |**EXHIBIT P60**|**TRUE COPY OF THE ESTIMATE REPORT,**| ||**PREPARED FOR ENGAGING**| ||**ELECTRICAL/ELECTRONICS ENGINEERING DEGREE**| ||**HOLDERS AS SHIFT OPERATORS FOR ATTENDING**| ||**SHIFT DUTY AT 66 KV SUB STATION, AYOOR**| ||**AND THE STATEMENT OF WORK ALLOCATION AND**| ||**WORK DONE, APPENDED ALONG WITH IT, FOR**| ||**THE MONTHS OF APRIL, MAY AND JUNE, 2016.**| |**EXHIBIT P61**|**TRUE COPY OF THE ESTIMATE REPORT,**| ||**PREPARED FOR ENGAGING**| ||**ELECTRICAL/ELECTRONICS ENGINEERING DEGREE**| ||**HOLDERS AS SHIFT OPERATORS FOR ATTENDING**| ||**SHIFT DUTY AT 66 KV SUB STATION, AYOOR**| ||**AND THE STATEMENT OF WORK ALLOCATION AND**| ||**WORK DONE, APPENDED ALONG WITH IT, FOR**| ||**THE MONTHS OF JULY, AUGUST AND SEPTEMBER**| ||**2016.**| WP(C).No.37479 OF 2018(H) 17 - **EXHIBIT P62 TRUE COPY OF THE ESTIMATE REPORT, PREPARED FOR ENGAGING ELECTRICAL/ELECTRONICS ENGINEERING DEGREE HOLDERS AS SHIFT OPERATORS FOR ATTENDING SHIFT DUTY AT 66 KV SUB STATION, AYOOR AND THE STATEMENT OF WORK ALLOCATION AND WORK DONE, APPENDED ALONG WITH IT, FOR THE MONTHS OF OCTOBER, NOVEMBER AND DECEMBER, 2016.** - **EXHIBIT P63 TRUE COPY OF THE ESTIMATE REPORT, PREPARED FOR ENGAGING ELECTRICAL/ELECTRONICS ENGINEERING DEGREE HOLDERS AS SHIFT OPERATORS FOR ATTENDING SHIFT DUTY AT 66 KV SUB STATION, AYOOR AND THE STATEMENT OF WORK ALLOCATION AND WORK DONE, APPENDED ALONG WITH IT, FOR THE MONTHS OF JANUARY, FEBRUARY AND MARCH, 2017.** - **EXHIBIT P64 TRUE COPY OF THE ESTIMATE REPORT OF 66 KV SUBSTATION, ANGAMALY FOR THE PERIOD FROM 01/03/2014 TO 31/03/2014.** - **EXHIBIT P65 TRUE COPY OF THE ESTIMATE REPORT OF 66 KV SUBSTATION, ANGAMALY FOR THE PERIOD FROM 01/04/2014 TO 30/04/2014.** - **EXHIBIT P66 TRUE COPY OF THE ESTIMATE REPORT OF 66 KV SUBSTATION, ANGAMALY FOR THE PERIOD FROM 01/05/2014 TO 31/05/2014.** - **EXHIBIT P67 TRUE COPY OF THE ESTIMATE REPORT OF 66 KV SUBSTATION, ANGAMALY FOR THE PERIOD FROM 01/06/2014 TO 30/06/2014.** - **EXHIBIT P68 TRUE COPY OF THE ESTIMATE REPORT OF 66 KV SUBSTATION, ANGAMALY FOR THE PERIOD FROM 01/7/2014 TO 31/07/2014.** - **EXHIBIT P69 TRUE COPY OF THE ESTIMATE REPORT OF 66 KV SUBSTATION, ANGAMALY FOR THE PERIOD FROM 01/08/2014 TO 31/08/2014.** - **EXHIBIT P70 TRUE COPY OF THE ESTIMATE REPORT OF 66 KV SUBSTATION, ANGAMALY FOR THE PERIOD FROM 01/09/2014 TO 30/09/2014.** WP(C).No.37479 OF 2018(H) 18 **EXHIBIT P71 TRUE COPY OF THE ESTIMATE REPORT OF 66 KV SUBSTATION, ANGAMALY FOR THE PERIOD FROM 01/10/2014 TO 31/10/2014.** **EXHIBIT P72 TRUE COPY OF THE ESTIMATE REPORT OF 66 KV SUBSTATION, ANGAMALY FOR THE PERIOD FROM 01/11/2014 TO 30/11/2014.** - **EXHIBIT P73 TRUE COPY OF THE ESTIMATE REPORT OF 66 KV SUBSTATION, ANGAMALY FOR THE PERIOD FROM 01/12/2014 TO 31/12/2014.** - **EXHIBIT P74 TRUE COPY OF THE ESTIMATE REPORT OF 66 KV SUBSTATION, ANGAMALY FOR THE PERIOD FROM 01/01/2015 TO 31/01/2015.** - **EXHIBIT P75 TRUE COPY OF THE ESTIMATE REPORT OF 66 KV SUBSTATION, ANGAMALY FOR THE PERIOD FROM 01/02/2015 TO 28/02/2015.** - **EXHIBIT P76 TRUE COPY OF THE ESTIMATE REPORT OF 66 KV SUBSTATION, ANGAMALY FOR THE PERIOD FROM 01/03/2015 TO 31/03/2015.** - **EXHIBIT P77 TRUE COPY OF THE ESTIMATE REPORT OF 66 KV SUBSTATION, ANGAMALY FOR THE PERIOD FROM 01/04/2015 TO 30/04/2015.** - **EXHIBIT P78 TRUE COPY OF THE ESTIMATE REPORT OF 66 KV SUBSTATION, ANGAMALY FOR THE PERIOD FROM 01/05/2015 TO 31/05/2015.** - **EXHIBIT P79 TRUE COPY OF THE ESTIMATE REPORT OF 66 KV SUBSTATION, ANGAMALY FOR THE PERIOD FROM 01/06/2015 TO 30/06/2015.** - **EXHIBIT P80 TRUE COPY OF THE ESTIMATE REPORT OF 110 KV SUBSTATION, ANGAMALY FOR THE PERIOD FROM 01/04/2016 TO 30/04/2016.** **EXHIBIT P81 TRUE COPY OF THE ESTIMATE REPORT OF 110 KV SUBSTATION, ANGAMALY FOR THE PERIOD FROM 01/05/2016 TO 31/05/2016. EXHIBIT P82 TRUE COPY OF THE ESTIMATE REPORT OF 110 KV SUBSTATION, ANGAMALY FOR THE PERIOD FROM 01/07/2016 TO 31/07/2016.** WP(C).No.37479 OF 2018(H) 19 **EXHIBIT P83** **TRUE COPY OF THE ESTIMATE REPORT OF 110 KV SUBSTATION, ANGAMALY FOR THE PERIOD FROM 01/08/2016 TO 31/08/2016.** **EXHIBIT P84 TRUE COPY OF THE ESTIMATE REPORT OF 110 KV SUBSTATION, ANGAMALY FOR THE PERIOD FROM 01/09/2016 TO 30/09/2016.** **EXHIBIT P85 TRUE COPY OF THE ESTIMATE REPORT OF 110 KV SUBSTATION, ANGAMALY FOR THE PERIOD FROM 01/10/2016 TO 31/10/2016.** **EXHIBIT P86 TRUE COPY OF THE ESTIMATE REPORT OF 110 KV SUBSTATION, ANGAMALY FOR THE PERIOD FROM 01/12/2016 TO 31/12/2016.** **EXHIBIT P87** **TRUE COPY OF THE CIRCULAR NO.ADV.C1/112/19/P&ARD DATED 20/08/2019 ISSUED BY THE 2ND RESPONDENT.** ## **RESPONDENTS' EXHIBITS:** **EXHIBIT R3 A TRUE COPY OF THE LETTER NO.EST.X/LAI/5937/2018 DATED 1/12/2018** **//TRUE COPY// PA TO JUDGE**