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High Court of KeralaSingle JudgeWrit petition disposed at admission stage

Udayakumar P.K and others v. The Chairman and Managing Director, Kerala State Electricity Board and others

Case / Petition Number:WP(C).No. 34589 of 2014 (W)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Dama Seshadri Naidu, J.
Judgment Date
2014-12-19
Court Decision / Holding
The writ petition is disposed of at the admission stage. The court directs the first respondent to consider the Petitioners’ Exhibit P11 representations in accordance with law, taking into account the ratio laid down in Maharaj Krishan Bhatt (supra) if relevant, and to pass appropriate orders thereon as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment.
Final Disposition
Writ petition disposed at admission stage

Parties to the Case

Appellants / Petitioners

  • UDAYAKUMAR P.K
  • V.MANOJKUMAR
  • NARAYANAN P.B
  • ROBERT P
  • SREEKUMAR T
  • DEVADAS K.R
  • JETSON C.THOMAS
  • JOHNSON E.N
  • JAYACHANDRAN G
  • ABRAHAM VARGHESE
  • UNNIKRISHNAN V.S
  • JAYAN K.G
  • SUDHAKARAN K.A
  • CHANDRASEKHARAN K.R
  • SURESH R
  • GOPALAKRISHNAN V.P
  • SNEHALAL K.L
  • A.K.RAMACHANDRAN
  • A.V.MUSTHAFA
  • SELVARAJ
  • SAVUDHEEN P.K
  • SREEKUMAR K.N
  • MANOJ M
  • DAISON M.J
  • MOHANDAS S
  • P.JYOTHIBASU ACHARI
  • DHARMENDRAN T
  • SHAJU GEORGE JOSEPH
  • RAJAN K.K
  • JIJI THOMAS
  • MOHAMMED ANZAR A
  • JOHN K.A
  • UNNIKRISHNAN S.C
  • R.VIJAYAKUMARA PILLAI
  • K.P.JOSEPH
  • JOSE T.T
  • STEPHEN T.O
  • A.SANILKUMAR
  • RAJU CHETTIYAR

Respondents

  • THE CHAIRMAN AND MANAGING DIRECTOR KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN PATTOM, THIRUVANANTHAPURAM-695 004.
  • KERALA STATE ELECTRICITY BOARD represented by its Secretary, Vydyuthi Bhavan, Pattom Thiruvananthapuram-695 004.
  • THE CHIEF ENGINEER (HRM) KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN PATTOM, THIRUVANANTHAPURAM-695 004.
  • STATE OF KERALA represented by its Secretary, Department of Power, Secretariat Thiruvananthapuram.

Legal Representation & Advocates

Counsels for Petitioners

  • • SRI.C.P.SUDHAKARA PRASAD (SR.)
  • • SRI.A.J.VARGHESE
  • • SRI.JOSE. V.V.

Counsels for Respondents

  • • SRI.K.S.ANIL, SC, KSEB
  • • SRI.M.R.RAJESH

Case Synopsis & Summary

This is a batch writ petition filed in the Kerala High Court by 39 petitioners challenging aspects of their ad hoc/temporary promotions as Sub Engineers (Trainees) in the Electrical Section of the Kerala State Electricity Board (KSEB). The petitioners contend that their ad hoc promotions were in reliance on an interim order of this Court (Exhibit P1) and that for permanent promotion they must pass a suitability test. They point to a Board order (Exhibit P8) granting exemption from the suitability test to similarly placed persons and they have submitted Exhibit P11 representations to the first respondent seeking expeditious disposal of the exemption request in light of this comparator treatment. The petitioners rely on equality principles and judicial precedent, notably Maharaj Krishan Bhatt v. State of Jammu and Kashmir and others, (2008) 9 SCC 24, to challenge disparate treatment. The respondent Board and its counsel, however, contend that the petitioners are not similarly placed and cannot claim exemption under Exhibit P8. The High Court, noting the issue is narrow, disposed of the writ petition at admission stage without expressing a view on the merits, directing the first respondent to consider the Exhibit P11 representations in accordance with law and taking into account the ratio from Maharaj Krishan Bhatt, if relevant, and to pass orders within two months from receipt of the judgment copy. The judgment leaves the ultimate merits to subsequent orders.

Legal Doctrines & Maxims

  • Maharaj Krishan Bhatt v. State of Jammu and Kashmir and others, (2008) 9 SCC 24 (ratio cited)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners’ counsel submits that there are no differentiating circumstances justifying denial of exemption under Exhibit P8; reliance on interim arrangements and equality before the law; the petitioners seek expeditious disposal of Exhibit P11 representations and invoke the ratio from Maharaj Krishan Bhatt (2008) 9 SCC 24 to contend for a lawful exemption or reconsideration. It is urged that similarly placed individuals had been exempted from passing the suitability test and that the petitioners should not be prejudiced by administrative selectivity. They emphasize the need for uniform application of the exemption policy and for prompt adjudication of the representations.

Contentions of Respondents

The respondent Board contends that petitioners are not similarly situated and cannot claim the exemption under Exhibit P8. It argues that past exemptions were limited to specific contexts and cannot be generalized across all petitioners. The respondents also stress that the court should not adjudicate on the merits at this stage given the lack of identical factual circumstances and the absence of a clear statutory entitlement to exemption, while inviting a careful, lawfully compliant consideration of the representations if warranted.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Maharaj Krishan Bhatt v. State of Jammu and Kashmir and others(2008) 9 SCC 24Mentioned OnlyCited and referred to for potential relevance in directing consideration of representations; not a binding application of its ratio in the disposition.

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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 MR. JUSTICE DAMA SESHADRI NAIDU** ## **FRIDAY, THE 19TH DAY OF DECEMBER 2014/28TH AGRAHAYANA, 1936** ## **WP(C).No. 34589 of 2014 (W)** ## **----------------------------------------** ## **PETITIONER(S):** - **-----------------------** **1. UDAYAKUMAR P.K, AGED 47 YEARS S/O.KUMARAN, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, COLLEGE, ERNAKULAM NOW RESIDING AT POTTAYIL HOUSE, EZHIKKARA.P.O. NORTH PARAVOOR. PIN-683 513.** **2. V.MANOJKUMAR, AGED 46 YEARS S/O.VELAPPAN NAIR, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, THRIKKAKARA NOW RESIDING AT KONATTUR HOUSE, IRUMBANAM.P.O. THRIPUNITHURA-682 309.** **3. NARAYANAN P.B, AGED 46 YEARS S/O.N.BALAKRISHNA PILLAI WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, ATHANI RESIDING AT PULIMOOTTIL HOUSE, MUPPATHADOM.P.O. ALUVA-683 110.** **4. ROBERT P, AGED 45 YEARS S/O.PONNAYYAN, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, KARIMANNOOR RESIDING AT THADATHARIKATHU HOUSE, KARIMKADA CHULLIMANOOR.P.O., NEDUMANGAD-695 541.** **5. SREEKUMAR T, AGED 47 YEARS S/O.M.THANKAPPAN NAIR WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, ARIYANAD, THIRUVANANTHAPURAM RESIDING AT RADHA NIVAS, PACHAKKAD KUTTICHAL.P.O.-695 574.** **6. DEVADAS K.R, AGED 48 YEARS S/O.RAGHAVAN, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, AMMADAM, THRISSUR EAST DIVISION THRISSUR, RESIDING AT KARIPPARA, CHAZHOOR.P.O. THRISSUR DISTRICT. PIN-680 571.** **PJ** **....2/-** **WP(C).No. 34589 of 2014 (W)** **..2..** ## **----------------------------------------** **7. JETSON C.THOMAS, AGED 45 YEARS S/O.C.I.THOMAS, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, VENKIDANGU, THRISSUR EAST DIVISION RESIDING AT CHIRAMAL HOUSE, NAMBAZHIKKAD.P.O. THRISSUR-680 602.** ## **8. JOHNSON E.N, AGED 47 YEARS** - **S/O.NICHOLAS, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION BEACH, CHAVAKKAD KUNNUMKULAM DIVISION, RESIDING AT EDAKKALATHUR HOUSE PUVATHOOR.P.O., THRISSUR-680 508.** ## **9. JAYACHANDRAN G,** - **WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, KOOTHATTUKULAM MUVATTUPUZHA DIVISION, ERNAKULAM DISTRICT.** **10. ABRAHAM VARGHESE, AGED 51 YEARS S/O.K.A.ABRAHAM, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, POTHANICADU, MUVATTUPUZHA DIVISION RESIDING AT KAKUZHIYIL, S.N.PURAM.P.O., KOTTAYAM.** **11. UNNIKRISHNAN V.S, AGED 46 YEARS** - **S/O.LATE SREEDHARAN WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, THRISSUR NOW RESIDING AT VATHUVETTIL, KUMBALAM, KOCHI-682 506.** **12. JAYAN K.G, AGED 46 YEARS S/O.GANGADHARAN, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, ALAKODU, KANNUR DISTRICT.** **13. SUDHAKARAN K.A, AGED 46 YEARS S/O.AYYAPPAN K, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, VALAYANCHIRANGARA ELECTRICAL DIVISION, MUVATTUPUZHA RESIDING AT KADALIPARAMBIL HOUSE, KIZHILLAM.P.O. PIN-683 541.** **14. CHANDRASEKHARAN K.R, AGED 47 YEARS** - **S/O.RAMAKRISHNA MARAR WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, VALAYANCHIRANGARA ELECTRICAL DIVISION, MUVATTUPUZHA RESIDING AT KUTTIKKATTIL HOUSE THRIKKALATHOOR.P.O.-683 577.** **15. SURESH R AGED 48 YEARS S/O.SREEDHARAN, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, ALATHIYOOR, TIRUR DIVISION RESIDING AT SREENIKETHAM MANJOOR SOUTH.P.O.-686 603.** **....3/-** **..3..** ## **WP(C).No. 34589 of 2014 (W)** ## **----------------------------------------** **16. GOPALAKRISHNAN V.P, AGED 48 YEARS S/O.PRABHAKARAN, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION NO.1, IRINGALAKUDA RESIDING AT VATHYATTU HOUSE, P.O.KONOTTUKUNNU(VIA) IRINJALAKUDA.** **17. SNEHALAL K.L, AGED 46 YEARS** - **S/O.CHIDAMBARAN, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, EZHIKKARA, NORTH PARAVOOR RESIDING AT KAITHAVALAPIL HOUSE MANJUMMEL UDYOGAMANDAL.P.O., PIN-683 501.** **18. A.K.RAMACHANDRAN, AGED 44 YEARS S/O.KRISHNAN, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, KUMBALANGHI RESIDING AT ARACKKAPARAMBIL, ESI ROAD PALLURUTHY-682 006.** **19. A.V.MUSTHAFA, AGED 51 YEARS S/O.VAHID, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, IRETTY, KANNUR DISTRICT RESIDING AT ARIMPASSERY HOUSE, SOUTH VAZHAKKULAM ALUVA-683 105.** **20. SELVARAJ, AGED 46 YEARS** - **S/O.THANKAPPAN, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, SIVAPURAM, IRITTY DIVISION KANNUR DISTRICT, RESIDING AT MATTEZHATHU HOUSE NEDUNGAD, NAYARAMBALAM.P.O.-682 509.** **21. SAVUDHEEN P.K, AGED 41 YEARS** - **WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, PERINGATTUKARA RESIDING AT PUTHIYAVETTIL HOUSE, P.O.VALAPAD THRISSUR-680 567.** **22. SREEKUMAR K.N, AGED 46 YEARS** - **S/O.NARAYANAN NAIR WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, MANIMALA, CHANGANASSERY DIVISION RESIDING AT KANCHAMALA, PONKUNNAM.P.O., PIN-686 506.** **23. MANOJ M, AGED 35 YEARS S/O.MOHANDAS, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, KARIMBAM, PAYYANNOOR DIVISION RESIDING AT SASTHAVIHAR HOUSE, THATHAMPILLY.P.O. ALAPUZHA.** **....4/-** **..4..** **WP(C).No. 34589 of 2014 (W)** ## **----------------------------------------** **24. DAISON M.J, AGED 49 YEARS WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, KOLENCHERY RESIDING AT MAROKKIL HOUSE, PUTHENCRUZ.P.O.-682 308.** **25. MOHANDAS S, AGED 47 YEARS S/O.SADASIVAN, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, MADAVOOR NOW RESIDING AT DAS NIVAS, PRESIDENT JUNCTION VADASSERYKONAM.P.O., VARKALA-695 143.** **26. P.JYOTHIBASU ACHARI, AGED 48 YEARS WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, VAKKOM, RESIDING AT MANJUVILASAM THEVIKONAM, PERUKAVU.P.O., THIRUVANANTHAPURAM.** **27. DHARMENDRAN T, AGED 51 YEARS** - **S/O.VELAYUDHAN, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, VENGARA RESIDING AT KAMMALASSERI HOUSE, CHELAMBRA, MALAPPURAM.** ## **28. SHAJU GEORGE JOSEPH, AGED 46 YEARS** - **WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, MUNDANCHERY, CHUNAMGAMVELY ALUVA-683 112.** **29. RAJAN K.K, AGED 49 YEARS** - **S/O.KARUNAKARAN, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, MADAYI, KANNUR DISTRICT RESIDING AT KATTILPARAMBU, ALANGAD.P.O., PIN-683 511.** **30. JIJI THOMAS, AGED 46 YEARS S/O.THOMAS, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, ULIKKUL, IRITTY DIVISION KANNUR, RESIDING AT MALIYELIL HOUSE, MALIPPARA.P.O. KOTHAMANGALAM-686 681.** **31. MOHAMMED ANZAR A, AGED 45 YEARS S/O.AHMMED KOYA, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, BURNASSERY, KANNUR RESIDING AT NAYATH HOUSE, PUNNAKKULAM, K.S.PURAM.P.O. KARUNAGAPPALLY.** **32. JOHN K.A, AGED 49 YEARS S/O.ABRAHAM, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, KOTHAMANGALAM NO.-II RESIDING AT KANIYAMPARAMBIL, PINDIMANA KOTHAMANGALAM-686 698.** **....5/-** **..5..** **WP(C).No. 34589 of 2014 (W)** **----------------------------------------** **33. UNNIKRISHNAN S.C, AGED 44 YEARS S/O.O.K.C.THAMPI, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, SREEKANDAPURAM RESIDING AT SIVAVILAS, EZHIKKARA.P.O., NORTH PARUR ERNAKULAM.** ## **34. R.VIJAYAKUMARA PILLAI, AGED 49 YEARS** **S/O.RAGHAVAN PILLAI WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, CHITHARA, ELECTRICAL DIVISION PUNALOOR, RESIDING AT PANAVILA HOUSE, KOTTATHALA.P.O. KOTTARAKKARA.** ## **35. K.P.JOSEPH, AGED 48 YEARS** - **S/O.K.C.PAILY, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SUB DIVISION, THRIPRAYAR RESIDING AT KOLARIKKAL HOUSE, SOUTH CHITTOOR.P.O. KOCHI-682 027.** ## **36. JOSE T.T, AGED 49 YEARS** - **S/O.THOMAS, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, PAIYARAM NOW RESIDING AT THIROTHANDATHIL, MANJAPARA.** **37. STEPHEN T.O, AGED 52 YEARS S/O.T.C.OUSEPH, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, KANJOOR, RESIDING AT THOTTAPPILLY KALADY.P.O., PIN-683 574.** **38. A.SANILKUMAR, AGED 43 YEARS S/O.AYYAPPAN, WORKING AS SUB ENGINEER (TRAINEE) AT ELETRICAL SECTION, KANJOOR RESIDING AT THEKKUMMANA HOUSE PERUMBAVOOR. PIN-683 542.** ## **39. RAJU CHETTIYAR, AGED 48 YEARS** - **S/O.RENGANADHAN, WORKING AS SUB ENGINEER (TRAINEE) ELECTRICAL SECTION, AZHIKODE, RESIDING AT ARAVINDAM PALLIPURAM.P.O., PIN-695 316.** **BY ADVS.SRI.C.P.SUDHAKARA PRASAD (SR.) SRI.A.J.VARGHESE SRI.JOSE. V.V.** **RESPONDENT(S):** **--------------------------** **1. THE CHAIRMAN AND MANAGING DIRECTOR KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN PATTOM, THIRUVANANTHAPURAM-695 004.** **....6/-** **PJ** **..6..** **WP(C).No. 34589 of 2014 (W)** **----------------------------------------** ## **2. KERALA STATE ELECTRICITY BOARD** - **REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM THIRUVANANTHAPURAM-695 004.** ## **3. THE CHIEF ENGINEER (H.R.M)** - **KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN PATTOM, THIRUVANANTHAPURAM-695 004.** ## **4. STATE OF KERALA** **REP. BYS SECRETARY, DEPARTMENT OF POWER, SECRETARIAT THIRUVANANTHAPURAM.** **R1-3 BY SRI.K.S.ANIL, SC, KSEB R4 BY GOVERNMENT PLEADER SRI.M.R.RAJESH** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **PJ** **WP(C).No. 34589 of 2014 (W) ----------------------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS** **-------------------------------------** - **P1PHOTOCOPY OF THE INTERIM ORDER IN I.A.NO.12926/2011 IN W.P.[C] NO.12432/2011 OF THIS HONOURABLE HIGH COURT.** - **P2PHOTOCOPY OF THE ORDER NO.B.O.(CMD)NO.380/2014(LASIII/3984/2011 DATED, THIRUVANANTHAPURAM 14-2-2014 IN RESPECT OF ADHOC/TEMPORARY PROMOTION OF THE PETITIONERS AS SUB ENGINEERS.** - **P3PHOTOCOPY OF THE AMENDED ORDER NO.EC IV.1703/71 DATED TRIVANDRUM 1.11.1971.** - **P4PHOTOCOPY OF THE BOARD ORDER NO.B.O.RL.3526/1973(2) DATED 18.4.1975. THIRUVANANTHAPURAM.** - **P5PHOTOCOPY OF THE B.O.NO.AR III 36591/78 DATED 23.1.1981.** - **P6PHOTOCOPY OF THE NOTE NO.EB2/SE/(E)/TRAINEE/2013 DATED 24.10.2013 ADDRESSED TO THE 1ST RESPONDENT ISSUED BY THE 3RD RESPONDENT.** - **P7PHOTOCOPY OF THE PROCEEDING NO.EB.2/SE(ELE.) TRAINEE/2014 DATED THIRUVANANTHAPURAM 20.2.2014 ISSUED BY THE 3RD RESPONDENT.** - **P8PHOTOCOPY OF THE ORDER NO.B.O.(CMD)NO.1818/2014(ESTTI4406/2014 DTAED THIRUVANANTHAPURAM 2.7.2014 ISSUED BY THE SECRETARY (ADMINISTRATION) OF THE 2ND RESPONDENT.** - **P9PHOTOCOPY OF THE ORDER NO.B.O.(CMD)NO.2696/2014(ESTTI4406/2014 DTAED THIRUVANANTHAPURAM 18.10.2014 ISSUED BY THE SECRETARY (ADMINISTRATION) OF THE 2ND RESPONDENT.** - **P10PHOTOCOPY OF THE ORDER NO.E83/OA-CASHIER/PROMOTION 16335/2014, DATED, THIRUVANANTHAPURAM 1.11.2014 ISSUED BY THE 3RD RESPONDENT.** - **P11PHOTOCOPY OF THE PETITIONERS REPRESENTATION BEFORE THE 1ST RESPONDENT.** ## **P11(A)- ENGLISH TRANSLATION OF EXHIBIT P11.** **RESPONDENT(S)' EXHIBITS** **---------------------------------------** **NIL.** **/ TRUE COPY /** **P.S. TO JUDGE** **PJ** ## Dama Seshadri Naidu, J. ------------------------------------------- W.P.(C)No.34589 of 2014 W -------------------------------------------- Dated this the 19[th] day of December, 2014 ## **JUDGMENT** Heard the learned counsel for the petitioners and the learned Standing Counsel for the respondent Board, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself. 2. Briefly stated, the petitioners, thirty nine in number, were given ad hoc/temporary promotion as SubEngineers through Exhibit P2 order. It is further submitted that the said ad hoc promotion was given in compliance with Exhibit P1 interim order issued by this Court. 3. As could be seen from record, to have their services confirmed in the posts of Sub-Engineer, the petitioners are required to pass the suitability test. Claiming that, in view of Exhibit P8, certain similarly placed persons WPC 34589/14 2 had been given exemption from passing the suitability test, the petitioners are said to have submitted Exhibit P11 representation before the first respondent. Seeking its expeditious disposal, the petitioners have filed the present writ petition. 4. The learned Senior Counsel for the petitioners has submitted that there is no differentiating circumstances to discriminate against the petitioners from not applying the exemption provided under Exhibit P8. In support of his submission, the learned Senior Counsel has placed reliance on **Maharaj Krishan Bhatt and another v. State of Jammu and Kashmir and others** ((2008) 9 SCC 24). 5. The learned Standing Counsel for the respondent Board has strenuously contended that the petitioners are not similarly placed and they cannot take advantage of Exhibit P8 order. Be that as it may, in the facts and circumstances, having regard to the respective submissions of the learned WPC 34589/14 3 counsel for the petitioners and the learned Standing Counsel, this Court, without expressing any opinion on the merits of the matter, disposes of the writ petition with a direction to the first respondent to consider Exhibit P11 representation of the petitioners in accordance with law, taking into account the ratio laid down in **Maharaj Krishan Bhatt** (supra), if it has any relevance and pass appropriate orders thereon, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Dama Seshadri Naidu, Judge tkv