High Court of KeralaDivision Bench2020-02-28Disposed of with directions: some appeals allow...

WA No.2123/2019 & conn.cases

Case / Petition Number:WA No.2123/2019 & conn.cases

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A.M. Shaffique
Mary Joseph
Judgment Date: 2020-02-28
Court Decision / Holding: The batch judgment discharges various WA appeals. It sets aside Ext.P22 insofar as it affects those covered by Exts.P3–P4 and directs the Board to undertake a fresh exercise for residual vacancies, while following binding judgments. It allows WA No.2305/2019 and WA Nos. 2220/2019 and 2221/2019, but dismisses WA Nos.2123/2019, 2177/2019, 2178/2019, 2239/2019, 2240/2019, 2241/2019, 2251/2019, 2273/2019, 2276/2019, 2278/2019, and 2343/2019. The Court holds that those appointed under Exts.P3/P4 were regularised from 15/06/2004 and cannot be equated with later beneficiaries; the 2nd batch shall seek regularisation only after next appropriate selection. It fixes that seniority between feeder categories must be determined as per Rule 28(b)(1)(7) vi-note, and recognizes Chandravathi P.K. v. C.K. Saji as supporting the permissibility of separate quotas while rejecting the pre-2005 service-weighting approach from Manmadhan; the Board must implement orders within three months of copy receipt of the judgment.
Final Disposition: Disposed of with directions: some appeals allowed, others dismissed; Ext.P22 has limited binding effect; fresh seniority exercise to be undertaken; promotions as per seniority to be determined under KS&SSR; certain petitions allowed (WA2305/2019, WA2220/2019, WA2221/2019) and others dismissed across the batch of connected matters.

Parties to the Case

Appellants / Petitioners

Saju R.L.
ASA Sukumaran
Kamariya A.P.
Supriya P.V.
Renjith Anto
William Vinayan Raj
Partha Radha K.S.
Sarvadhaman M.K.
Ajayakumar V.P.
Binu M. Thankachan

Respondents

KERALA STATE ELECTRICITY BOARD LIMITED represented by its Secretary, Vydyuthi Bhavanam, Pattom, Thiruvananthapuram - 695004
The Chief Engineer (HRM), KSEBL, Vydyuthi Bhavanam, Pattom, Thiruvananthapuram - 695004
The Chief Engineer (HRM) KSEBL - Office of the Chief Engineer (HRM)
Kerala State Electricity Board Ltd. respondents in WP/C no. 23829/2018 and connected cases

Legal Representation & Advocates

Counsels for Petitioners

• Sri Pirappancode V.S. Sudheer
• Smt. A. Megha
• Karthika M.R.

Counsels for Respondents

• Sri Raju Joseph (Sr.)
• Sri C. Joseph Antony
• Sri S. Vibheeshanan

Case Synopsis & Summary

This batch of writ appeals and connected matters arises from disputes over appointment, seniority, and promotions under the Kerala State Electricity Board’s 10% in-service quota for Assistant Engineer (Electrical). The High Court of Kerala (Division Bench) heard multiple appeals challenging the Chief Engineer (HRM)’s 12 July 2018 order (Ext.P22) which restructured seniority and regularisation for various groups, including those listed in Exts.P3 and P4 (the 2002 select lists) and later appointments under the 10% quota. The judgment discusses two cohorts: first batch (Exts.P3/P4) whose appointments were regularised from 15 June 2004 and may have retroactive benefits; and second batch (appointments after 2002 select lists, including those invited post-2004) whose regularisation and seniority depend on subsequent orders and limited vacancies. It addresses conflicts between older Full Bench decisions (e.g., Manmadhan) and later Chandravathi v. C.K. Saji, holding that KS & SSR rules and Note VI of Rule 28(b)(1)(7) govern seniority across feeder categories. The Court holds that Ext.P22 cannot bind those already regularised under Exts.P3/P4 and directs the Board to prepare a fresh exercise for residual vacancies while respecting prior binding judgments. The batch culminates in mixed outcomes: some appeals allowed (e.g., WA Nos. 2220/2019, 2221/2019; WA No. 2305/2019) and others dismissed (e.g., WA Nos. 2123, 2177, 2178, 2239, 2240, 2241, 2251, 2273, 2276, 2278, 2343/2019).

Provisions of Law Cited

Kerala State and Subordinate Services Rules (KS&SSR)Kerala Engineering Service (General Branch) RulesRule 28(b)(1)(7) Note VIRule 28(b)(1)(7) Note VIIRule 10(ab)Article 309 of the Constitution of India

Legal Doctrines & Maxims

Separate seniority lists for different feeder categories; seniority determined by date of first appointment to that feeder category; board may fix separate quota for degree-holders, diploma-holders and certificate-holders (Chandravathi P.K. v. C.K. Saji)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that the 10% in-service quota appointments were to be regularised from 15/06/2004 for those covered by Exts.P3–P4, and that the Board should fix seniority under Rule 28(b)(1)(7) Note VI, considering length of service post-qualification. They sought to count service and grant consequential benefits for those regularised, including those promoted to higher posts. They argued that Ext.P22 (12/07/2018) could not retrospectively alter seniority for those already regularised and that vacancies existing up to 31/01/2005 should be filled from the select lists, with appropriate seniority reckoning.

Contentions of Respondents

The Board contended that the 10% quota appointments and seniority had to be fixed under KS&SSR, and Ext.P22 could bind only those appointed after Ext.P3–P4. It urged that the 66 vacancies (and related 81 temporary appointments) had to be considered under the applicable rules; it argued that previous judgments (including RP and review petitions) had laid down the process and that fresh appointments should follow due process. It emphasized the need to maintain separate seniority lists for different feeder categories and adherence to the ratio prescribed in Rule 28(b)(1)(7).

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Chandravathi P.K. v. C.K. Saji	(2004) 3 SCC 734	Positive	Affirms that the state may fix separate quota and seniority rules; supports the constitutional validity of separate feeder-category promotion policies.
Manmadhan v. Kerala State Electricity Board	1999 (1) KLT 37 (FB)	Overruled	Full Bench view on service weightage prior to degree not followed in light of Chandravathi; not accepted by the present bench.
K.S. Mohammed v. State of Kerala	O.P.No.3291/1992	Distinguished	Earlier ratio about irrelevance of the date of degree acquisition is set aside post-Board adoption of KS&SSR; Chandravathi’s ratio controls.

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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 A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MRS. JUSTICE MARY JOSEPH** **FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941** ## **WA.No.2123 OF 2019** ## **AGAINST THE JUDGMENT IN WP(C) 23829/18 OF HIGH COURT OF KERALA** ## **APPELLANTS/PETITIONERS:** |**1**|**SAJU R.L.,**| |---|---| ||**AGED 44 YEARS**| ||**ASSISTANT ENGINEER (ELECTRICAL), ELECTRICAL**| ||**SECTION, FORT, THIRUVANANTHAPURAM - 695 023.**| |**2**|**ASA SUKUMARAN,**| ||**ASSISTANT ENGINEER, ELECTRICAL DIVISION, THIRUR,**| ||**MALAPPURAM - 676 101.**| |**3**|**KAMARIYA A.P.,**| ||**ASSISTANT ENGINEER, ELECTRICAL DIVISION,**| ||**NEDUMANGAD, THIRUVANANTHAPURAM - 695 541.**| |**4**|**SUPRIYA P.V.,**| ||**ASSISTANT ENGINEER, ELECTRICAL CIRCLE, THIRUR,**| ||**MALAPPURAM - 676 101.**| |**5**|**RENJITH ANTO,**| ||**ASSISTANT ENGINEER, T.C.SECTION, MADAKATHARA,**| ||**THRISSUR - 680 651.**| WA No.2123/19 & conn.cases -:2:- - **6 WILLIAM VINAYAN RAJ, ASSISTANT ENGINEER, 110KV SUB STATION, GURUVAYOOR, THRISSUR - 680656.** - **7 PARTHA RADHA K.S., ASSISTANT ENGINEER, ELECTRICAL SECTION, CHENGANNOOR, ALAPPUZHA - 689 121.** - **8 SARVADHAMAN M.K., ASSISTANT ENGINEER, 110KV SUB STATION, KUNNAMANGALAM, KOZHIKODE - 673 570.** - **9 AJAYAKUMAR VINCENT, ASSISTANT ENGINEER, KDPP, NALLALAM, KOZHIKODE - 673 027.** - **10 BINU M.THANKACHAN, ASSISTANT ENGINEER, GENERATION CIRCLE, MOOZHIYAR, PATHANAMTHITTA DIST.** **BY ADVS. SRI.PIRAPPANCODE V.S.SUDHEER SMT.A.MEGHA** ## **RESPONDENTS/RESPONDENTS:** - **1 KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695004.** - **2 THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004.** - **3 ANIL KUMAR P., ASSISTANT ENGINEER, KOTTAKKAL ELECTRICAL SECTION, MALAPPURAM - 676 102.** - **4 PRAKASAN N.K., ASSISTANT ENGINEER, KOZHIKODE DIESEL POWER PLANT, KDPP, KOZHIKODE - 673 108.** WA No.2123/19 & conn.cases -:3:- - **5 HARIDASAN P.K., ASSISTANT ENGINEER, 110 KV SUB STATION, KOYILANDI, KOZHIKODE - 673 105.** - **6 ABDUL NAZIR T., ASSISTANT ENGINEER, KADALUNDI ELECTRICAL CIRCLE, KOZHIKODE - 673 102.** - **7 ALIAS P.THOMAS, ASSISTANT ENGINEER, LINE CONSTRUCTION SECTION, VADAKARA, KOZHIKODE - 673 101.** - **8 ANIL KUMAR B.S., ASSISTANT ENGINEER, ELECTRICAL SECTION, AMBOORI, THIRUVANANTHAPURAM - 695 505.** - **9 PUNNEN ITTY, ASSISTANT ENGINEER, T.C.SECTION, POOVANTHURHTU - 686 012.** - **10 PRATHAPAN M.P., ASSISTANT ENGINEER, ELECTRICAL SECTION, PANAMANA, KOLLAM -691 002.** - **11 KURIAN K.KOSHY, ASSISTANT ENGINEER, ELECTRICAL SECTION, EAST KALLADA, KOLLAM - 691 001.** - **12 SAILAJITH LAL, ASSISTANT ENGINEER, 220 KV SUB ELECTRICAL CIRCLE, THIRUR, MALAPPURAM - 676 101.** - **13 SREEKALA O.P., ASSISTANT ENGINEER, ELECTRICAL SECTION, KULATHOOR - 695 132.** - **14 MANOJ T.V., ASSISTANT ENGINEER, TRANSGRID DIVISION, KOZHIKODE - 673 005.** - **15 PRAKASH R., ASSISTANT ENGINEER, 220 SUB STATION, PUTHENCODE, THIRUVANANTHAPURAM - 695 032.** WA No.2123/19 & conn.cases -:4:- - **16 SABITHA K., ASSISTANT ENGINEER, 110 KV SUB STATION, PANUR, THALASSERI - 670 235.** - **17 FRINI T.F., ASSISTANT ENGINEER, GENERATING STATION, PERINGALKUTHU, THRISSUR.** - **18 JAGADEESAN C., ASSISTANT ENGINEER, ELECTRICAL SECTION, KANNUR -670 002.** - **19 PRASAD N.S., ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., TRANSMISSION CONSTRUCTION SECTION, ERUMELY, 110KV SUB STATION, KANAKAPPALAM, KOTTAYAM DIST. - 686 509.** - **20 ALIAS P.THARAKAN, ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., PET SUB DIVISION, HMT COLONY P.O., KALAMASSERY - 683503.** - **21 MANOJ R., ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., TRANSMISSION CONSTRUCTION SECTION, MUTTOM, THODUPUZHA, IDUKKI -685 587.** - **22 SHAJU M.V., ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., 220 KV SUB STATION, KALLIPADAM P.O., SHORANUR, PALAKKAD -679 122.** **23 PREMAKUMARAN K., ASSISTANT ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD LTD., SHORANUR, PALAKKAD -679 122.** **R1-2 BY ADV. SRI.RAJU JOSEPH (SR.) R1-2 BY ADV. SRI.C.JOSEPH ANTONY R19-22 BY ADV. SRI.K.M.SATHYANATHA MENON R19-22 BY ADV. SMT.KAVERY S THAMPI R23 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY R23 BY ADV. SMT.N.SANTHA R23 BY ADV. SRI.V.VARGHESE** WA No.2123/19 & conn.cases -:5:- **R23 BY ADV. SRI.PETER JOSE CHRISTO R23 BY ADV. SRI.S.A.ANAND R23 BY ADV. SMT.K.N.REMYA R23 BY ADV. SMT.L.ANNAPOORNA** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22-012020, ALONG WITH RP.583/2018 AND CONNECTED CASES, THE COURT ON 28-02-2020 DELIVERED THE FOLLOWING:** WA No.2123/19 & conn.cases -:6:- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **&** **THE HONOURABLE MRS. JUSTICE MARY JOSEPH** **FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941** ## **RP.No.583 OF 2018 IN WA. 646/2017** **AGAINST THE JUDGMENT IN WA 646/2017 DATED 28-05-2018 OF HIGH COURT OF KERALA** ## **REVIEW PETITIONERS/RESPONDENTS 1 & 2:** **1 SWAPNA S. ASSISTANT ENGINEER,KERALA STATE ELECTRICITY BOARD LTD.,66KV SUB STATION, CHANGANACHERRY, KOTTAYAM DISTRICT.** - **2 BALACHANDRAN P.** **ASSISTANT ENGINEER,KERALA STATE ELECTRICITY BOARD LTD.,110 KV SUB STATION, KOTTAYAM, KOTTAYAM DISTRICT.** **BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.P.MOHANDAS (ERNAKULAM) SRI.K.SUDHINKUMAR SRI.S.VIBHEESHANAN** ## **RESPONDENTS/APPELLANT & RESPONDENTS 3 & 4:** **1 SURESH KUMAR S. ASSISTANT ENGINEER,KERALA STATE ELECTRICITY BOARD LTD.,OFFICE OF THE CHIEF ENGINEER (H.R.M).,H.R.D CELL, VYDYUTHI BHAVAN, PATTOM,THIRUVANANTHAPURAM- 695 004.** - **2 KERALA STATE ELECTRICITY BOARD LTD. REPRESENTED BY ITS SECRETARY,VYDYUTHI BHAVAN, PATTOM,THIRUVANANTHAPURAM- 695 004.** WA No.2123/19 & conn.cases -:7:- **3 THE CHIEF ENGINEER (H.R.M) KERALA STATE ELECTRICITY BOARD LTD., OFFICE OF THE CHIEF ENGINEER (H.R.M).,VYDYUTHI BHAVAN, PATTOM,THIRUVANANTHAPURAM- 695 004.** **R1 BY SRI.PIRAPPANCODE V.S.SUDHEER** **THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 2201-2020, ALONG WITH WA.2123/2019 AND CONNECTED CASES, THE COURT ON 28-02-2020 PASSED THE FOLLOWING:** WA No.2123/19 & conn.cases -:8:- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MRS. JUSTICE MARY JOSEPH** **FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941** ## **WA.No.2177 OF 2019** ## **AGAINST THE JUDGMENT IN WP(C) 29435/2018(D) OF HIGH COURT OF KERALA** ## **APPELLANTS/PETITIONERS:** - **1 SREEKUMAR.S. AGED 50 YEARS** **ASSISTANT ENGINEER (ELECTRICAL), OFFICE OF THE CHIEF VIGILANANCE OFFICER, VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004** - **2 SURESH KUMAR.S., NODAL OFFICER , (L) ELECTRICAL CIRCLE, KATTAKADA, THIRUVANANTHAPURAM-695 572** - **3 ANIL.S., ASSISTANT ENGINEER (ELECTRICAL), SHEP, EPPARA, THIRUVANANTHAPURAM-695 551** - **4 AJAYAKUMAR V.P., ASSISTANT ENGINEER (ELECTRICAL), RAP DRP DIVISION, THIRUVANANTHAPURAM-695 121** - **5 MUHAMMED RAFI.M., ASSISTANT ENGINEER (ELECTRICAL), ELECTRICAL SECTION, POOJAPPURA, THIRUVANANTHAPURAM-695012** - **6 BINDU.S., ASSISTANT ENGINEER, ELECTRICAL SECTION, PEROORKADA, TVM-695 005** WA No.2123/19 & conn.cases -:9:- - **7 KALESH K.RAJ ASSISTANT ENGINEER (ELECTRICAL) 110 KVC SUB STATION, KOZHANCHERY, PATHANAMTHITTA-689 641** **BY ADVS. SRI.PIRAPPANCODE V.S.SUDHEER SMT.A.MEGHA** ## **RESPONDENTS/RESPONDENTS:** - **1 THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARIAT, VAIDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004** - **2 THE CHIEF ENGINEER (HRM) KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004** - **3 ANIL KUMAR.P., ASSISTANT ENGINEER, KOTTAKKAL ELECTRICAL SECTION, MALAPPURAM-676 102** - **4 PRAKSAN N.K., ASSISTANT ENGINEER, KOZHIKODE DIESEL POWER PLANT, KDPP, KOZHIKODE-673 108** - **5 HARIDASAN P.K., ASSISTANT ENGINEER,10 KV SUB STATION, KOYILANDY, KOZHIKODE-673 105** - **6 ABDUL NAZIR.T., ASSISTANT ENGINEER, KADALUNDI ELECTRICAL CIRCLE, KOZHIKODE-673 102** - **7 ALIAS P.THOMAS ASSISTANT ENGINEER, LINE CONSTRUCTION SECTION, VADAKARA, KOZHIKODE-673 101** - **8 ANIL KUMAR.B.S. ASSISTANT ENGINEER,ELECTRICAL SECTION, AMBOORI, THIRUVANANTHAPURAM-695 505** - **9 PUNNEN ITTY, ASSISTANT ENGINEER,T.C.SECTION, POOVANTHURUTHU686 012** WA No.2123/19 & conn.cases -:10:- - **10 PRATHAPAN.M.P., ASSISTANT ENGINEER,ELECTRICAL SECTION, PANAMANA,KOLLAM-691 002** - **11 KURIAN K.KOSHY, ASSISTANT ENGINEER,ELECTRICAL SECTION, EAST KALLADA, KOLLAM-691 001** - **12 SAILAJITH LAL, ASSISTANT ENGINEER, 220 K SUB ELECTRICAL CIRCLE, THIRUR, MALAPPURAM-676 101** - **13 SREEKALA .O.P. ASSISTANT ENGINEER,ELECTRICAL SECTION,KULATHOOR-695 132** - **14 MANOJ T.V., ASSISTANT ENGINEER,TRANSGRID DIVISION, KOZHIKODE-673 005** - **15 PRAKASH .R., ASSISTANT ENGINEER,220 SUB STATION, POTHENODE, THIRUVANANTHAPURAM-695 032** - **16 SABITHA K., ASSISTANT ENGINEER,110 KV STATION, PANUR, THALASSERI-670 235** - **17 FRINI.T.F., ASSISTANT ENGINEER,GENERATING STATION, PERINGALKUTHU, THRISSUR-670 235** - **18 JAGADEESAN.C., ASSISTANT ENGINEER,KANNUR-670 002** - **19 HARIDASAN .C., ASSISTANT ENGINEER,ELECTRICAL SECTION, MEPPADI, WAYANAD DIST-673 577** - **20 JESSY MATHEW, ASSISTANT ENGINEER,ELECTRICAL DIVISION, KARUNAGAPPALY, KOLLAM-690 518** WA No.2123/19 & conn.cases -:11:- - **21 SANTHOSH BABU, ASSISTANT ENGINEER,110 KV SUB STATION, PERINAD, KOLLAM-691 601** - **22 JINAN.M.P., ASSISTANT ENGINEER, GENERATION SUB STATION, PANNIYOOR-670 142** - **23 BENNY PAUL, ASSISTANT ENGINEER,ELECTRICAL DIVISION, PERUMBAVOOR, ERNAKULAM DIST-683 542** - **24 MANOJ MATHEW, ASSISTANT ENGINEER,ELECTRICAL SECTION KADAPPA, KOLLAM-690 519** - **25 PRASAD N.S., ASSISTANT ENGINEER,KERALA STATE ELECTRICITY BOARD LTD,M TRANSMISSION CONSTRUCTION SECTION, ERUMELY, 110 KV SUB STATION, KANAKAPPALAM, KOTTAYAM, DIST-686 509** - **26 ALIAS P.THARAKAN, ASSISTANT ENGINEER,KERALA STATE ELECTRICITY BROAD LTD., PET SUB DIVISION, HMT COLONY P.O., KALAMASSERY-683 503** - **27 MANOJ .R., ASSISTANT ENGINEER,KERALA STATE ELECTRICITY BOARD LTD., TRANSMISSION CONSTRUCTION SECTION, MUTTOM, THODUPUZHA, IDUKKI-685 587** **28 SHAJU.M.V., ASSISTANT ENGINEER,KERALA STATE ELECTRICITY BOARD LTD., 220 KV SUB STATION, KALLIPADAM P.O., SHORANUR, PALAKKAD-679 122** **R1-2 BY ADV. SRI.RAJU JOSEPH (SR.) R1-2 BY ADV. SRI.C.JOSEPH ANTONY R19 BY ADV. SRI.P.M.UNNI NAMBOODIRI R25-28 BY ADV. SRI.K.M.SATHYANATHA MENON** **R25-28 BY ADV. SMT.KAVERY S THAMPI** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22-012020, ALONG WITH WA.2123/2019 AND CONNECTED CASES, THE COURT ON 28-02-2020 DELIVERED THE FOLLOWING:** WA No.2123/19 & conn.cases -:12:- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **&** **THE HONOURABLE MRS. JUSTICE MARY JOSEPH** **FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941** ## **WA.No.2178 OF 2019** **AGAINST THE JUDGMENT IN WP(C) 1158/2015(T) OF HIGH COURT OF KERALA** ## **APPELLANT/3RD RESPONDENT:** **MUHAMMED RAFI.M AGED 48 YEARS ASSISTANT ENGINEER (ELECTRICAL) 66 KV SUB STATION, VELY, THIRUVANANTHAPURAM (PRESENTLY WORKING AS ASSISTANT ENGINEER (ELECTRICAL) ELECTRICAL SECTION, POOJAPPURA, THIRUVANANTHAPURAM 695 012** **BY ADVS. SRI.PIRAPPANCODE V.S.SUDHEER SMT.A.MEGHA KARTHIKA M.R** ## **RESPONDENTS/PETITIONERS & RESPONDENTS 1 & 2:** - **1 REMA.T ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, PANDALAM, PATHANAMTHITTA DIST 689 501** - **2 SWAPNA S, ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, 66KV SUB STATION, CHANGANACHERRY, KOTTAYAM DISTRICT 686 101** WA No.2123/19 & conn.cases -:13:- - **3 AMPILY M, ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, PROJECT MANAGERS OFFICE, 110 KV SUB STATION COMPOUND, PUNNAPRA, PUNNAPRA, ALAPPUZHA DIST 688 004** - **4 SATHEESH KUMAR N, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, SASTHAMCOTTA, KOLLAM DIST 690 521** - **5 SASI K.N ASSISTANT STATE ELECTRICITY BOARD, ELECTRICAL SECTION, KURUPPUMPADI, ERNAKULAM DIST 683545** - **6 DEVASSY K.O ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, 110 KV SUB STATION, KOZHINJAMPARA, PALAKKAD DIST 678 555** - **7 SHEEJA S ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, 66KV SUB STATION, KARUNAGAPPALLY, KOLLAM DISTRICT 690 518** - **8 IBRAHIM C, ASSISSTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, TRANSMISSION CONSTRUCTION SECTION, RAMAPURAM, PALACHODU P.O, MALAPPURAM DIST 679 338** - **9 BALACHANDRAN P, ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, 110KV SUB STATION, KOTTIYAM, KOLLAM DIST 691 571** **10 RAMESH J, ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, KHEP GENERATION SUB DIVISION, THENMALA, KOLLAM DIST 691 308** - **11 SAJU S, ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, PALLICKAL, THIRUVANANTHAPURAM DST 695 602** WA No.2123/19 & conn.cases -:14:- - **12 AJITHKUMAR M.T, ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, KURUVILANGAD, KOTTAYAM DIST 686 633** - **13 MURALEEDHARAN N, ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, EDAMALAYAR POWER HOUSE, ERNAKULAM DISTRICT 686 681** - **14 AJIRAJAN C, ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, 220 K V SUB STATION, SHORANUR, PALAKKAD DIST 679 121** - **15 GIRISH M, ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, 110 KV SUB STATION, EDATHUA, ALAPPUZHA DIST 689 573** - **16 HARIDASAN V.K, ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, ATHANI, ERNAKULAM DIST 683585** - **17 KERALA STATE ELECTRICITY BOARD LTD, REPRESENTED BY ITS SECRETARY VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004** - **18 THE CHIEF ENGINEER(HRM) KERALA STATE ELECTRICITY BOARD LTD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004** **R1-15 BY ADV. DR.K.P.SATHEESAN (SR.) R1-15 BY ADV. SRI.P.MOHANDAS (ERNAKULAM) R1-15 BY ADV. SRI.S.VIBHEESHANAN** **R16 BY ADV. SRI.P.M.UNNI NAMBOODIRI R17-18 BY ADV. SRI.RAJU JOSEPH (SR.)** **R17-18 BY ADV. SRI.C.JOSEPH ANTONY** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22-012020, ALONG WITH WA.2123/2019 AND CONNECTED CASES, THE COURT ON 28-02-2020 DELIVERED THE FOLLOWING:** WA No.2123/19 & conn.cases -:15:- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MRS. JUSTICE MARY JOSEPH** **FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941** ## **WA.No.2220 OF 2019** **AGAINST THE JUDGMENT IN WP(C) 27905/2018(K) OF HIGH COURT OF KERALA** ## **APPELLANTS/PETITIONERS:** - **1 SIVAKUMAR.R AGED 48 YEARS** **ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL SECTION, PANANGAD, ERNAKULAM-682 506.** - **2 RAJEEVAN P,** - **ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LIMITED,ELECTRICAL SECTION, THALASSERY, KANNUR-670 101.** - **3 SHARAF.B.** **ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LIMITED,ELECTRICAL SECTION, NEENDOOR, KOTTAYAM-686 601.** **BY ADVS. SRI.S.RAMESH BABU (SR.) SRI.S.ANANTHAKRISHNAN SRI.N.KRISHNA PRASAD RESPONDENTS/RESPONDENTS:** - **1 KERALA STATE ELECTRICITY BOARD LIMITED REPRESENTED BY ITS SECRETARY, VYDHUTHIBHAVANAM, PATTOM POST, THIRUVANANTHAPURAM-695 004.** WA No.2123/19 & conn.cases -:16:- - **2 THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD LIMITED,VYDHUTHIBHAVAN, PATTOM POST, THIRUVANANTHAPURAM-695 004.** - **3 AJAYAKUMAR V.P, ASSISTANT ENGINEER, KSEBL, SCADA AND RMU MAINTENANCE SECTION, THIRUVANANTHAPURAM-695 004.** - **4 AJITH T, ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, KUNNAMANGALAM-680 503.** - **5 ANILKUMAR.P, ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION,KOTTAKKAL-676 503.** - **6 BENNY PAUL, ASSISTANT ENGINEER, KSEBL, ELECTRICAL DIVISION, PERUMBAVOOR-683 542.** - **7 DILIP P, ASSISTANT ENGINEER, KSEBL,110KV SUBSTION, TERLS, TRIVANDRUM-695 022.** - **8 FRINI T.F. ASSISTANT ENGINEER, KSEBL, GENERATION DIVISION, PORINGALKUTHU-680 721.** - **9 JAGADEESAN C, ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION,KANNUR-670001.** - **10 JESSY MATHEW, ASSISTANT ENGINEER, KSEBL, ELECTRICAL DIVISION, KARUNAGAPPALLY-690518.** - **11 JINAN M.P, ASSISTANT ENGINEER, KSEBL, GENERALTION SUB DIVISION, PANNIYAR, IDUKKI-685 563.** - **12 KURIAN K.KOSHI,ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION,EAST KALLADA, KOLLAM-691502.** WA No.2123/19 & conn.cases -:17:- - **13 MANOJ T.V, ASSISTANT ENGINEER, KSEBL,TRANSMISSION CONSTRUCTION, SUB DIVISION KOZHIKODE-673 001.** - **14 MANOJ MATHEW, ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, KADAPRA, PATHANAMTHITTA-689621.** - **15 MUHAMMAD RAFI M, ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, POOJAPPURAM-695 012.** - **16 PRAKASH R,** - **ASSISTANT ENGINEER, GENERATION SUB DIVISION, KESBL, VELLATHOOVAL, IDUKKI-685 563.** - **17 PRASAD N.S, ASSISTANT ENGINEER , TC SECTION. KSEBL, ERUMELY-686 509.** - **18 PRAVEEN K, ASSISTANT ENGINEER, KSEBL, TRANSMISSION DIVISION, TIRUR-676 101.** **19 PUNNENITTY, ASSISTANT ENGINEER, KSEBL, TC SECTION, POOVANTHURUTHU (LINE MAINTENANCE SECTION, POOVANTHURUTHU), KOTTAYAM-686 012.** - **20 SABITHA K, ASSISTANT ENGINEER, KSEBL, 110 KV SUBSTATION, PANOOR, MALAPPURAM-670 692.** - **21 SAILAJITHLAL L, ASSISTANT ENGINEER, KSEBL, 220 KV SUBSTATION, MALAPARAMBA, MALAPPURAM-673 009.** - **22 SANTHOSH BABU, ASSISTANT ENGINEER, KSEBL, 110 KV SUBSTATION, PERINAD, KOLLAM-691 601.** - **23 SREEKALA O.P.,** - **ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, KULATHUR, TRIVANDRUM- 695 583.** WA No.2123/19 & conn.cases -:18:- - **24 SUDHEER M.V.,** - **ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, AMMADAM, THRISSUR- 680563.** - **25 SURENDRAN.R.,** - **ASSISTANT ENGINEER, KSEBL, 220 KV SUBSTATION, MYLATTY, KASARAGODE- 671319.** - **26 ABDUNNASIR.T., ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, KADALUNDI, KOZHIKODE- 673 302.** - **27 ALIAS P.THARIAN,** - **ASSISTANT ENGINEER, KSEBL, PET SUB DIVISION, KALAMASSERY- 683503** - **28 ANIL KUMAR B.S., ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, AMBOORI, TRIVANDRUM- 695505.** - **29 ANIL.S., ASSISTANT ENGINEER, KSEBL, PEPPARA GENERATION SECTION, TRIVANDRUM- 695551.** - **30 HARIDASAN.P.K., ASSISTANT ENGINEER, KSEBL, 110 KV SUBSTATION, KOYILANDY- 673 305.** - **31 MANOJ.R.,** - **ASSISTANT ENGINEER, KSEBL, TC SECTION, MUTTOM, THODUPUZHA- 685587.** - **32 PAPPACHAN.C.U., ASSISTANT ENGINEER, KSEBL, TRANSMISSION STORE, ANGAMALY- 683572.** - **33 PRAKASAN.N.K., ASSISTANT ENGINEER, KSEBL, KOZHIKODE DIESEL POWER PROJECT, KOZHIKODE- 673028.** - **34 PRATHAPAN M.P.,** **ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, PANMANA, KOLLAM- 691583.** WA No.2123/19 & conn.cases -:19:- **35 SHAJU M.V., ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, MELOOR, THRISSUR- 680311.** **R1-2 BY ADV. SRI.RAJU JOSEPH (SR.) R1-2 BY ADV. SRI.C.JOSEPH ANTONY R3, R15, R29 BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR R3, R15, R29 BY ADV. SMT.A.MEGHA R3, R15, R29 BY ADV. SMT.KARTHIKA M.R. R17, R27, R31, R35 BY ADV. SRI.K.M.SATHYANATHA MENON R17, R27, R31, R35 BY ADV. SMT.KAVERY S THAMPI** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22-012020, ALONG WITH WA.2123/2019 AND CONNECTED CASES, THE COURT ON 28-02-2020 DELIVERED THE FOLLOWING:** WA No.2123/19 & conn.cases ## -:20:- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MRS. JUSTICE MARY JOSEPH FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941** **WA.No.2221 OF 2019** **AGAINST THE JUDGMENT IN WP(C) 38125/2018(M) OF HIGH COURT OF KERALA** ## **APPELLANTS/PETITIONERS:** **1 RAJEEV.R,AGED 43 YEARS ASSISTANT ENGINEER, 66KV GIS SUBSTATION, FORT KOCHI - 682 001, S/O. RAMAKRISHNA PILLAI G., RESIDING AT HARIPPATTETHU, VETTUVENI, HARIPAD P.O., ALAPPUZHA DISTRICT. 2 JAYADEVAN O.S.,AGED 50 YEARS ASSISTANT ENGINEER, ELECTRICAL SECTION, MUNDUR, THRISSUR, S/O. O.K.SUDHESWARAN, RESIDING AT ODATHU PARAMBIL HOUSE, NETTISSERY P.O., SREE SAILAM NAGAR, MANNUTHY, THRISSUR-680651.** - **3 HARIKRISHNA PILLAI C.R.,AGED 52 YEARS ASSISTANT ENGINEER, GENERATION SUB DIVISION, SHOLAYAR POWER HOUSE, SHOLAYAR, PORINGALKUTHU P.O., THRISSUR -680721, S/O.K.RAMAKRISHNA PILLAI, RESIDING AT CHERIYIL PUTHENVEEDU, KIZHAKKEKARA, THEVALAKKARA P.O., KOLLAM-690524.** WA No.2123/19 & conn.cases -:21:- - **4 LISSY K.V.,AGED 49 YEARS ASSISTANT ENGINEER, 66KV SUBSTATION, KODUNGALLUR, W/O.P.K.SIVAKUMAR, RESIDING AT PALLATH HOUSE, P.O.KANNAMPULLIPURAM, CHENTRAPPINNI, THRISSUR DISTRICT-680687.** - **5 AGNES GEORGE, AGED 52 YEARS** **ASSISTANT ENGINEER, 110KV SUBSTATION, PULLAZHY, THRISSUR DISTRICT-680012, D/O.JOSEPH GEORGE, RESIDING AT ALAPPAT HOUSE, ST.ALOYSIOUS COLLEGE ROAD, ELTHURUTH P.O., THRISSUR DISTRICT, PIN680611.** - **6 SHIMLA K., AGED 49 YEARS** **ASSISTANT ENGINEER, ELECTRICAL SECTION, THALAYOLAPARAMBU, W/O. SABU N.M., RESIDING AT THUNDIL HOUSE, PANDARATHURUTH, CHERIAZHEEKAL P.O., KARUNAGAPPALLY, KOLLAM-690573.** - **7 RAHIYANATHU BEEVI A., AGED 51 YEARS** **ASSISTANT ENGINEER (ELE.), ELECTRICAL DIVISION, KOTTARAKKARA, W/O. SHAHUL HAMEED, RESIDING AT PEACE LAND, KUZHIMATHICADU P.O., -691509, KUNDARA, KOLLAM DISTRICT.** - **8 JAYASREE B.K., AGED 52 YEARS** **ASSISTANT ENGINEER (ELE.), GENERATION DIVISION, CHITHIRAPURAM, W/O.D.RAMESH KUMAR, RESIDING AT KRISHNAKRIPA, JANANI NAGAR-33, KADAPPAKADA P.O., KOLLAM-8.** - **9 SWOPNA P.M., AGED 50 YEARS** **ASSISTANT ENGINEER, T.C.SECTION, NEW MOOVATTUPUZHA, D/O. P.G.MADHAVAN, PULIMOOTTIL HOUSE, SOUTH MARADY. P.O., PIN-686673, MOOVATTUPUZHA TALUK, ERNAKULAM DISTRICT.** WA No.2123/19 & conn.cases -:22:- **10 SHANY VARGHESE, AGED 47 YEARS ASSISTANT ENGINEER, 110KV SUBSTATION, UDUMBANNOOR, D/O.T.J. VARKEY, RESIDING AT KOLLAMPLAKKAL HOUSE, THODUPUZHA P.O.,-685584.** **BY ADVS. SRI.ELVIN PETER P.J. GANESH K.R. REESHA N.R. LIKHITHA T.S.** ## **RESPONDENTS/RESPONDENTS:** - **1 THE KERALA STATE ELECTRICITY BOARD LIMITED, REPRESENTED BY ITS SECRETARY, VAIDYUTHI BAVANAM, PATTOM P.O., THIRUVANANTHAPURAM - 695 004.** - **2 THE SECRETARY, KERALA STATE ELECTRICITY BOARD LIMITED, VAIDYUTHI BHAVANAM, PATTOM P.O., THIRUVANANTHAPURAM-695004.** - **3 THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD LTD, VAIDYUTHI BHAVANAM, PATTOM P.O., THIRUVANANTHAPURAM695004.** - **4 AJAYAKUMAR V.P., ASSISTANT ENGINEER, KSEBL, SCADA AND RMU MAINTENANCE SECTION, THIRUVANANTHAPURAM-695004.** - **5 AJITH T., ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, KUNNAMGALAM-680503.** - **6 ANILKUMAR P., ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, KOTTAKKAL-676503.** - **7 BENNY PAUL, ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, PERUMBAVOOR-683542.** WA No.2123/19 & conn.cases ## -:23:- - **8 DILIP P., ASSISTANT ENGINEER, KSEBL, 110 K.V., SUB SECTION, TERLS, TRIVANDRUM-695022.** - **9 FRINI T.F., ASSISTANT ENGINEER, KSEBL, GENERATION DIVISION, PORINGALKUTHU-680721.** - **10 JAGADEESAN C., ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, KANNUR-670001.** - **11 JESSY MATHEW, ASSISTANT ENGINEER, KSEBL, ELECTRICAL DIVISION, KARUNAGAPPALLY-690518.** - **12 JINAN M.P., ASSISTANT ENGINEER, KSEBL, GENERAL SUB DIVISION, PANNIYAR, IDUKKI-685563.** - **13 KURIAN K.KOSHY, ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, EAST KALLADA, KOLLAM-691502.** - **14 MANOJ T.V., ASSISTANT ENGINEER, KSEBL, TRANSMISSION CONSTRUCTION, SUB DIVISION, KOZHIKODE-673001.** - **15 MANOJ MATHEW, ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, KADAPRA, PATHANAMTHITTA-689621.** - **16 MUHAMMAD RAFI M., ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, POOJAPPURA-695012.** - **17 PRAKASH R., ASSISTANT ENGINEER, GENERATION SUB DIVISION, KSEBL, VELLATHOOVAL, IDUKKI-685563.** - **18 PRASAD N.S., ASSISTANT ENGINEER, T.C.SECTION, KSEBL, ERUMELY-686509.** WA No.2123/19 & conn.cases -:24:- - **19 PRAVEEN K., ASSISTANT ENGINEER, KSEBL, TRANSMISSION DIVISION, TIRUR-676101.** - **20 PUNNENITTY, ASSISTANT ENGINEER, KSEBL, T.C.SECTION, POOVANTHURUTHU, (LINE MAINTENANCE SECTION, POOVATHURUTHU), KOTTAYAM-686012.** - **21 SABITHA K., ASSISTANT ENGINEER, KSEBL, 110 KV SUBSTATION, PANOOR, MALAPPURAM-670692.** - **22 SAILAJITH LAL L., ASSISTANT ENGINEER, KSEBL, 220 KV SUB STATION, MALAPARAMBA, MALAPPURAM-673009.** - **23 SANTHOSH BABU, ASSISTANT ENGINEER, KSEBL, 110KV SUB STATION, PERINAD, KOLLAM-691601.** - **24 SREEKALA O.P., ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, KULATHUR, TRIVANDRUM-695583.** - **25 SUDHEER M.V., ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, AMMADAM, THRISSUR-680563.** - **26 SURENDRAN R., ASSISTANT ENGINEER, KSEBL, 220 KV SUB STATION, MYLATTY, KASARAGODE-671319.** - **27 ABDUNNASIR T., ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, KADALUNDI, KOZHIKODE-673302.** - **28 ALIAS P.THARIAN, ASSISTANT ENGINEER, KSEBL, PET SUB DIVISION, KALAMASSERY-683503.** - **29 ANIL KUMAR B.S.,** - **ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, AMBOORI, TRIVANDRUM-695505.** WA No.2123/19 & conn.cases -:25:- - **30 ANIL S., ASSISTANT ENGINEER, KSEBL, PEPPARA GENERATION SECTION, TRIVANDRUM-695551.** - **31 HARIDASAN P.K., ASSISTANT ENGINEER, KSEBL, 110 KV SUB STATION, KOYILANDY-673305.** - **32 MANOJ R., ASSISTANT ENGINEER, KSEBL, T.C.SECTION, MUTTOM, THODUPUZHA-685587.** - **33 PAPPACHAN C.U.,** - **ASSISTANT ENGINEER, KSEBL, TRANSMISSION STORE, ANGAMALY-683572.** - **34 PRAKASAN N.K., ASSISTANT ENGINEER, KSEBL, KOZHIKODE DIESEL POWER PROJECT, KOZHIKODE-673028.** - **35 PRATHAPAN M.P., ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, PANMANA, KOLLAM-691583.** - **36 SHAJU M.V., ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, MELOOR, THRISSUR-680311.** - **R1-3 BY ADV. SRI.RAJU JOSEPH (SR.)** - **R1-3 BY ADV. SRI.C.JOSEPH ANTONY** - **R16 BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR** - **R18, R28, R32, R36 BY ADV. SRI.K.M.SATHYANATHA MENON** - **R18, R28, R32, R36 BY ADV. SMT.KAVERY S THAMPI** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22-012020, ALONG WITH WA.2123/2019 AND CONNECTED CASES, THE COURT ON 28-02-2020 DELIVERED THE FOLLOWING:** WA No.2123/19 & conn.cases -:26:- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MRS. JUSTICE MARY JOSEPH** **FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941** ## **WA.No.2239 OF 2019** **AGAINST THE JUDGMENT IN WP(C) 23856/2018(F) OF HIGH COURT OF KERALA** ## **APPELLANTS/3RD PARTIES:** - **1 MUHAMMED RAFI M. AGED 48 YEARS ASSISTANT ENGINEER (ELECTRICAL), ELECTRICAL SECTION, POOJAPPURA, THIRUVANANTHAPURAM-695 012.** - **2 SAJU R. L.** **ASSISTANT ENGINEER (ELECTRICAL), ELECTRICAL SECTION, FORT, THIRUVANANTHAPURAM 695 023.** **BY ADVS.** **SRI.PIRAPPANCODE V.S.SUDHIR SMT.A.MEGHA** ## **RESPONDENTS/PETITIONERS & RESPONDENTS:** - **1 SWAPNA S. ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., 66KV SUB STATION, CHANGANACHERRY, KOTTAYAM DISTRICT 686 101.** - **2 SATHEESH KUMAR N. ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, SASTHAMCOTTA, KOLLAM DISTRICT 690 521.** WA No.2123/19 & conn.cases -:27:- - **3 SHEEJA S. ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., GENERAL SUB DIVISION, KALLARKUTTY, IDUKKI DIST. 685 562.** - **4 GIRISH M. ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., 110KV SUB STATION, EDATHUA, ALAPPUZHA DIST -689 573.** - **5 KERALA STATE ELECTRICITY BOARD LTD. REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004.** - **6 THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ELECTRICITY BOARD LTD., VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004.** - **7 THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD LTD., VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004.** - **R5-7 BY ADV. SRI.RAJU JOSEPH (SR.) R5-7 BY ADV. SRI.C.JOSEPH ANTONY** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22-012020, ALONG WITH WA.2123/2019 AND CONNECTED CASES, THE COURT ON 28-02-2020 DELIVERED THE FOLLOWING:** WA No.2123/19 & conn.cases -:28:- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MRS. JUSTICE MARY JOSEPH** **FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941** ## **WA.No.2240 OF 2019** **AGAINST THE JUDGMENT IN WP(C) 23856/2018(F) OF HIGH COURT OF KERALA** ## **APPELLANTS/3RD PARTIES:** - **1 RAJEEVKUMAR V.R.,AGED 43 YEARS S/O.LATE P.K.RAVEENDRAN NAIR, ASSISTANT EXECUTIVE ENGINEER, COMMUNICATION SUBDIVISION, EDAPPON, MALAPPURAM, PIN - 688 001.** - **2 AJITH KUMAR A.V.,AGED 42 YEARS S/O.VASUDEVAN, ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL CIRCLE, ALAPPUZHA, PIN - 688 001.** - **3 SUJITHKUMAR S.R.,AGED 44 YEARS S/O.RAMAKRISHNAN K.K., ASSISTANT EXECUTIVE ENGINEER, GENERATION DIVISION, LOWER PERIYAR, IDUKKI, PIN - 695 583.** - **4 REEBA P.AUGUSTINE,AGED 44 YEARS W/O.JOHNSON VARGHESE, ASSISTANT EXECUTIVE ENGINEER, APTS UNIT, VAZHATHOPE, IDUKKI, PIN - 685 602.** - **5 SAHAJAN KANKOKKARAN,AGED 47 YEARS S/O.K.SAPPUKUTTAN (LATE), ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, PEELIKKODE, PIN - 671 310.** WA No.2123/19 & conn.cases -:29:- - **6 MANOJ KUMAR K., AGED 43 YEARS S/O.BALAKRISHNAN K., ASSISTANT EXECUTIVE ENGINEER, LMSD, KANNUR, PIN - 670 643.** - **7 JAYARJAN P.K., AGED 42 YEARS S/O.P.K.KONNAN, ASSISTANT EXECUTIVE ENGINEER, TCSD, NEDUMKANDAM, IDUKKI, PIN - 685 553.** - **8 DIXON T.C., AGED 42 YEARS** - **S/O.CHARLY T.P., ASSISTANT EXECUTIVE ENGINEER, TNMS SUBDIVISION, KALAMASSERY, PIN - 683 104.** - **9 RATHEESH C.K., AGED 39 YEARS** - **S/O.T.K.KRISHNAN NAMBIAR, ASSISTANT EXECUTIVE ENGINEER, PROJECT MANAGEMENT UNIT, SREEKANDAPURAM, PIN - 670 631.** - **10 RAJESH S., AGED 43 YEARS** **S/O.P.N.SREEDHARAN, ASSISTANT EXECUTIVE ENGINEER, PROTECTION SUB DIVISION, MOOLAMATTAM, PIN - 685 589.** - **11 SHAJU K., AGED 51 YEARS S/O.SANKARAN P.P., ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, EDAPPAL, MALAPPURAM, PIN - 679 576.** - **12 JAYA P.S., AGED 49 YEARS W/O.VIJAYAN K.K., ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUBDIVISION, PULAMANTHOLE, MALAPPURAM, PIN- 679 323.** - **13 SUDHA M.R., AGED 47 YEARS D/O.M.A.RAGHAVAN (L), ASSISTANT EXECUTIVE ENGINEER, O/O.DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, PALA, PIN - 686 575.** WA No.2123/19 & conn.cases ## -:30:- - **14 LEEJA JOSEPH T., AGED 43 YEARS** **W/O.SAREEN JOSEPH, ASSISTANT EXECUTIVE ENGINEER, TNMS SUBDIVISION, KALAMASSERRY, PIN - 683 503.** - **15 SHEENA T.R., AGED 44 YEARS W/O.SANTHOSH C.A., ASSISTANT EXECUTIVE ENGINEER, PMU, ELECTRICAL CIRCLE, PERUMBAVOOR, PIN - 683 542.** - **16 SHIBU T.,AGED 44 YEARS S/O.THANKAPPAN V., ASSISTANT EXECUTIVE ENGINEER, TRANSMISSION SUB DIVISION, MOOZHIYAR, PATHANAMTHITA, PIN - 689 662.** - **17 SHABU KUMAR V.,AGED 43 YEARS S/O.VISWAMBHARAN J., ASSISTANT EXECUTIVE ENGINEER, TRANSMISSION SUBDIVISION, CHENGANASSERY, PIN - 686 001.** - **18 PRAMODHU V., AGED 44 YEARS** - **S/O.K.VARADAN, ASSISTANT EXECUTIVE ENGINEER, O/O.CHIEF ENGINEER, TRANSMISSION SOUTH, THIRUVANANTHAPURAM, PIN - 695004.** - **19 AJAY SREEHARSHAN, AGED 40 YEARS** - **S/O.A.SREEHARSHAN, ASSISTANT EXECUTIVE ENGINEER, CPMV, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM, PIN - 695004** - **20 MANJU K.R.,AGED 46 YEARS W/O.SHARATH CHANDRAN NAIR S.S., ASSISTANT EXECUTIVE ENGINEER, O/O.CHIEF ENGINEER (COMMERCIAL AND PLANNING), THIRUVANANTHAPURAM, PIN 695004** - **21 REENA GEORGE, AGED 40 YEARS** - **W/O.SAJI GEORGE, ASSISTANT EXECUTIVE ENGINEER, O/O. DIRECTOR (D,IT AND HRM), THIRUVANANTHAPURAM, PIN - 695015.** WA No.2123/19 & conn.cases ## -:31:- - **22 VINOD B., AGED 46 YEARS** - **S/O.BHASKARAN, ASSISTANT EXECUTIVE ENGINEER, PED, THIRUVANANTHAPURAM, PIN - 685 015.** - **23 BIJU P., AGED 44 YEARS** - **S/O.P.J.PAULOSE, ASSISTANT EXECUTIVE ENGINEER, O/O.CE (RE AND ES), THIRUVANANTHAPURAM, PIN - 685 015.** - **24 SAJEENA H., AGED 42 YEARS** **D/O.HABEEB MUHAMMED, ASSISTANT EXECUTIVE ENGINEER, PMU KATTAKKADA, THIRUVANANTHAPURAM, PIN - 695 572.** - **25 JYOTHI M.D., AGED 41 YEARS** - **W/O.RIJURAJ R., ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL CIRCLE, KATTAKKADA, PIN - 695 572.** - **26 SAJIMOL P.S., AGED 40 YEARS** - **W/O.RAJESH P.K., ASSISTANT EXECUTIVE ENGINEER, PMU, ELECTRICAL CIRCLE, MANJERY, PIN -676 121.** - **27 SHERIN JOSEPH, AGED 39 YEARS** - **W/O.ROBERY J.BENJAMIN, ASSISTANT EXECUTIVE ENGINEER, PMU, ELECTRICAL CIRCLE, THODUPUZHA, PIN - 685 584.** - **28 AJITH S.,AGED 42 YEARS S/O.P.SIVARAMAN PILLAI (L), ASSISTANT EXECUTIVE ENGINEER, L.D.CENTRE, KALAMASSERRY, PIN - 683 104.** - **29 JAYA T.S., AGED 41 YEARS** - **W/O.PRADEEPKUMAR, ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUBDIVISION, PALLURUTHY, PIN 682006.** WA No.2123/19 & conn.cases -:32:- **30 BINDU C.S., AGED 44 YEARS W/O.SUDEV KUMAR M.K., ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL CIRCLE ERNAKULAM, PIN - 682 001.** - **31 SURESH KUMAR C.C., AGED 39 YEARS S/O.C.R.CHELLAPPAN, ASSISTANT EXECUTIVE ENGINEER, TCSD, KOZHENCHERRY, PIN - 689 641.** **BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.AJITH KRISHNAN** **RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 3 IN WPC 23856/2018:** - **1 SWAPNA S., ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., 66 KV SUB STATION, CHANGANACHERRY, KOTTAYAM DISTRICT-686104.** - **2 SATHEESH KUMAR N., ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, SASTHAMCOTTA, KOLLAM DISTRICT-690521.** - **3 SHEEJA S., ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., GENERAL SUB DIVISION, KALLARKUTTY, IDUKKI DISTRICT-685562.** - **4 GIRISH M., ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., 110KV SUB STATION, EDATHUA, ALAPPUZHA DISTRICT-689573.** - **5 KERALA STATE ELECTRICITY BOARD LTD., REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004.** - **6 THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004.** WA No.2123/19 & conn.cases -:33:- **7 THE CHIEF ENGINEER (H.R.M.), KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURM - 695 004.** **R5-7 BY ADV. SRI.RAJU JOSEPH (SR.) R5-7 BY ADV. SRI.C.JOSEPH ANTONY** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22-012020, ALONG WITH WA.2123/2019 AND CONNECTED CASES, THE COURT ON 28-02-2020 DELIVERED THE FOLLOWING:** WA No.2123/19 & conn.cases -:34:- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MRS. JUSTICE MARY JOSEPH** **FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941** ## **WA.No.2241 OF 2019** **AGAINST THE JUDGMENT IN WP(C) 1158/2015(T) OF HIGH COURT OF KERALA** ## **APPELLANS/3RD PARTIES:** - **1 RAJEEVKUMAR V.R.,AGED 43 YEARS S/O.LATE P.K.RAVEENDRAN NAIR, ASSISTANT EXECUTIVE ENGINEER, COMMUNICATION SUBDIVISION, EDAPPON, MALAPPURAM, PIN - 688 001.** - **2 AJITH KUMAR A.V.,AGED 42 YEARS S/O.VASUDEVAN, ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL CIRCLE, ALAPPUZHA, PIN - 688 001.** - **3 SUJITHKUMAR S.R.,AGED 44 YEARS S/O.RAMAKRISHNAN K.K., ASSISTANT EXECUTIVE ENGINEER, GENERATION DIVISION, LOWER PERIYAR, IDUKKI, PIN - 695583.** - **4 REEBA P.AUGUSTINE,AGED 44 YEARS W/O.JOHNSON VARGHESE, ASSISTANT EXECUTIVE ENGINEER, APTS UNIT, VAZHATHOPE, IDUKKI, PIN - 685 602.** - **5 SAHAJAN KANKOKKARAN, AGED 47 YEARS S/O.K.SAPPUKKUTTAN (LATE), ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, PEELIKKODE, PIN - 671 310.** WA No.2123/19 & conn.cases -:35:- - **6 MANOJ KUMAR K., AGED 43 YEARS S/O.BALAKRISHNAN K., ASSISTANT EXECUTIVE ENGINEER, LMSD, KANNUR, PIN - 670 643.** - **7 JAYARAJAN P.K., AGED 42 YEARS S/O.P.K.KONNAN, ASSISTANT EXECUTIVE ENGINEER, TCSD, NEDUMKANDAM, IDUKKI, PIN - 685 553.** - **8 DIXON T.C., AGED 42 YEARS** - **S/O.CHARLY T.P., ASSISTANT EXECUTIVE ENGINEER, TNMS SUBDIVISION, KALAMASSERY, PIN - 683 104.** - **9 RATHEESH C.K., AGED 39 YEARS** - **S/O.T.K.KRISHNAN NAMBIAR, ASSISTANT EXECUTIVE ENGINEER, PROJECT MANAGEMENT UNIT, SREEKANDAPUREM, PIN - 670 631.** - **10 RAJESH S., AGED 43 YEARS** **S/O.P.N.SREEDHARAN, ASSISTANT EXECUTIVE ENGINEER, PROTECTION SUB DIVISION, MOOLAMATTAM, PIN - 685 589.** - **11 SHAJU K., AGED 51 YEARS S/O.SANKARAN P.P., ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, EDAPPAL, MALAPPURAM, PIN - 679 576.** - **12 JAYA P.S., AGED 49 YEARS W/O.VIJAYAN K.K., ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUBDIVISION, PULAMANTHOLE, MALAPPURAM, PIN - 679 323.** - **13 SUDHA M.R., AGED 47 YEARS D/O.M.A.RAGHAVAN (L), ASSISTANT EXECUTIVE ENGINEER, O/O. DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, PALA, PIN - 686 575.** WA No.2123/19 & conn.cases ## -:36:- **14 LEEJA JOSEPH T., AGED 43 YEARS W/O.SAREEN JOSEPH, ASSISTANT EXECUTIVE ENGINEER, TNMS SUBDIVISION, KALAMASSERY, PIN - 683 503. 15 SHEENA T.R., AGED 44 YEARS W/O.SANTHOSH C.A., ASSISTANT EXECUTIVE ENGINEER, PMU, ELECTRICAL CIRCLE, PERUMBAVOOR, PIN - 683 542. 16 SHIBU T., AGED 44 YEARS S/O.THANKAPPAN V., ASSISTANT EXECUTIVE ENGINEER, TRANSMISSION SUB DIVISION, MOOZHIYAR, PATHANAMTHITTA, PIN - 689 662. 17 SHABU KUMAR V., AGED 43 YEARS S/O.VISWAMBHARAN J., ASSISTANT EXECUTIVE ENGINEER, TRANSMISSION SUBDIVISION, CHENGANASSERRY, PIN - 686 001. 18 PRAMODHU V., AGED 44 YEARS S/O.K.VARADAN, ASSISTANT EXECUTIVE ENGINEER, O/O. CHIEF ENGINEER, TRANSMISSION SOUTH, THIRUVANANTHAPURAM, PIN - 685 015. 19 AJAY SREEHARSHAN, AGED 40 YEARS** **S/O.A.SREEHARSHAN, ASSISTANT EXECUTIVE ENGINEER, CPMV, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM, PIN - 685 015.** **20 MANJU K.R., AGED 46 YEARS W/O.SHARATH CHANDRAN NAIR S.S., ASSISTANT EXECUTIVE ENGINEER, O/O.CHIEF ENGINEER (COMMERCIAL AND PLANNING), THIRUVANANTHAPURAM, PIN - 685 015.** WA No.2123/19 & conn.cases ## -:37:- - **21 REENA GEORGE, AGED 40 YEARS** - **W/O.SAJI GEORGE, ASSISTANT EXECUTIVE ENGINEER, O/O.DIRECTOR (DIT AND HRM), THIRUVANANTHAPURAM, PIN - 685 015.** - **22 VINOD B., AGED 46 YEARS** - **S/O.BHASKARAN, ASSISTANT EXECUTIVE ENGINEER, PED, THIRUVANANTHAPURAM, PIN - 685 015.** - **23 BIJU P., AGED 44 YEARS S/O.P.J.PAULOSE, ASSISTANT EXECUTIVE ENGINEER, O/O. CE (RE AND ES), THIRUVANANTHAPURAM, PIN - 685 015.** - **24 SAJEENA H., AGED 42 YEARS** **D/O.HABEEB MUHAMMED, ASSISTANT EXECUTIVE ENGINEER, PMU KATTAKKADA, THIRUVANANTHAPURAM, PIN - 695 572.** - **25 JYOTHI M.D., AGED 42 YEARS** - **W/O.RIJURAJ R., ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL CIRCLE, KATTAKKADA, PIN - 695 572.** - **26 SAJIMOL P.S., AGED 40 YEARS** - **W/O.RAJESH P.K., ASSISTANT EXECUTIVE ENGINEER, PMU, ELECTRICAL CIRCLE, MANJERY, PIN - 676 121.** - **27 SHERIN JOSEPH, AGED 39 YEARS** - **W/O.ROBERT J.BENJAMIN, ASSISTANT EXECUTIVE ENGINEER, PMU, ELECTRICAL CIRCLE, THODUPUZHA, PIN - 685 584.** - **28 AJITH S., AGED 42 YEARS** - **S/O.P.SIVARAMAN PILLAI (L), ASSISTANT EXECUTIVE ENGINEER, L.D.CENTRE, KALAMASSERY, PIN - 683 104.** WA No.2123/19 & conn.cases -:38:- **29 JAYA T.S., AGED 41 YEARS W/O.PRADEEPKUMAR, ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUBDIVISION, PALLURUTHY, PIN - 682 006.** **30 BINDU C.S., AGED 44 YEARS W/O.SUDEV KUMAR M.K., ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL CIRCLE ERNAKULAM, PIN - 682 001.** **31 SURESH KUMAR C.C., AGED 39 YEARS S/O.C.R.CHELLAPPAN, ASSISTANT EXECUTIVE ENGINEER, TCSD, KOZHENCHERRY, PIN - 689 641.** **BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.AJITH KRISHNAN** **RESPONDENTS/PETITIONERS 1 TO 16 & RESPONDENTS 1 TO 3 IN WP(c) NO.1158/2015:** - **1 REMA T., ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, PANDALAM, PATHANAMTHITTA DISTRICT-689648.** - **2 SWAPNA S., ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, 66KV SUB STATION, CHANGANACHERRY, KOTTAYAM DISTRICT-686104.** - **3 AMPILY M., ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD,PROJECT MANAGERS OFFICE, 110KV SUB STATION COMPOUND PUNNAPRA, ALAPPUZHA DISTRICT-691583.** - **4 SATHEESH KUMAR N., ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD,ELECTRICAL SECTION, SASTHAMCOTTA, KOLLAM DISTRICT-690521.** WA No.2123/19 & conn.cases -:39:- - **5 SASI K.N.,** - **ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD,ELECTRICAL SECTION, KURUPPUMPADI, ERNAKULAM DISTRICT-683545.** - **6 DEVASSY K.O., ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD,110KV SUB STATION, KOZHINJAMPARA, PALAKKAD DISTRICT-678555.** - **7 SHEEJA S., ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD,66 KV SUB STATION, KARUNGAPPALLY, KOLLAM DISTRICT-690518.** - **8 IBRAHIM C.,** **ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD,TRANSMISSION CONSTRUCTION SECTION, RAMAPURAM, PALACHODU P.O., MALAPPURAM DISTRICT676501.** - **9 BALACHANDRAN P., ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD,110 KV SUB STATION, KOTTIYAM, KOLLAM DISTRICT-691308.** - **10 RAMESH J., ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, KHEP GENERATION SUB DIVISION, THENMALA, KOLLAM DISTRICT-691308.** - **11 SAJU S., ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD,PALLICKAL, THIRUVANANTHAPURAM DISTRICT695523.** - **12 AJITHKUMR M.T., ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, KURUVILANGAD, KOTTAYAM DISTRICT-686012.** - **13 MURALEEDHARAN N., ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, EDAMALAYAR POWER HOUSE, ERNAKULAM DISTRICT-686691.** WA No.2123/19 & conn.cases -:40:- - **14 AJIRAJAN C., ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, 220KV SUB STATION, SHORANUR, PALAKKAD DISTRICT-679571.** - **15 GIRISH M.,** - **ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, 110KV SUB STATION, EDATHUA, ALAPPUZHA DISTRICT-689573.** - **16 HARIDASAN V.K., ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, ATHANI, ERNAKULAM DISTRICT-683585.** - **17 KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004.** - **18 THE CHIEF ENGINEER (H.R.M.), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004.** - **19 M.M.MUHAMMED RAFI, AGED 44 YEARS, S/O.MUSTHAFA, ASSISTANT ENGINEER, 66 KV SUB STATION, VELY, THIRUVANANTHAPURAM-695023.** **R1-16 BY ADV. DR.K.P.SATHEESAN (SR.) R1-16 BY ADV. SRI.P.MOHANDAS (ERNAKULAM) R1-16 BY ADV. SRI.S.VIBHEESHANAN R17-18 BY ADV. SRI.RAJU JOSEPH (SR.) R17-18 BY ADV. SRI.C.JOSEPH ANTONY** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22-012020, ALONG WITH WA.2123/2019 AND CONNECTED CASES, THE COURT ON 28-02-2020 DELIVERED THE FOLLOWING:** WA No.2123/19 & conn.cases ## -:41:- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MRS. JUSTICE MARY JOSEPH** **FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941** ## **WA.No.2251 OF 2019** **AGAINST THE JUDGMENT IN WP(C) 41387/2018(W) OF HIGH COURT OF KERALA** ## **APPELLANTS/PETITIONERS:** **1 PRASAD N.S. AGED 47 YEARS** **S/O. SIVARAMAN N.S. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, TRANSMISSION CONSTRUCTION SECTION, ERUMELY, 110 KV SUB STATION, KANAKAPPALAM, KOTTAYAM DISTRICT-686 509, RESIDING AT NIVARATHIL HOUSE, KARIKKATTOOR CENTRE P.O., KOTTAYAM DISTRICT.** **2 ALIAS P. THARIAN AGED 55 YEARS** **S/O.THARIAN. V., ASSISTANT ENGINEER (RETIRED), KERALA STATE ELECTRICITY BOARD LIMITED, PET SUB DIVISION, HMT COLONY P.O., KALAMASSERY - 683 503, RESIDING AT PARAVATTIL HOUSE, MEKKAD P.O., KUNJUKULAM ROAD, ERNAKULAM-683 589.** - **3 MANOJ R. AGED 51 YEARS** **S/O.RAGHAVAN A.S., ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, T.C. SECTION, MUTTOM, THODUPUZHA, IDUKKI DISTRICT-685587, RESIDING AT EDAPPATTU HOUSE, KADACKANAD P.O., KOLENCHERY, ERNAKULAM-682 311.** WA No.2123/19 & conn.cases -:42:- - **4 SHAJU M.V. AGED 48 YEARS** - **S/O.M.A.VARGHESE, ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, 220 KV SUB STATION, KALLIPADAM P.O., SHORANUR, PALAKKAD679 122, RESIDING AT MUKRAPPILLY HOUSE, P.O. KORATTY (SOUTH), THRISSUR DISTRICT-680 308.** **BY ADVS. SRI.K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI** ## **RESPONDENTS/RESPONDENTS:** - **1 KERALA STATE ELECTRICITY BOARD LIMITED REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004.** - **2 CHAIRMAN KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM695 004.** - **3 CHIEF ENGINEER (HRM) KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM695 004.** - **4 JOSHI N. ISAC ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL SECTION NO.1, THODUPUZHA, IDUKKI DISTRICT-686 584.** - **5 SHEEBA KARIM ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KERALA STATE ELECTRICITY BOARD LIMITED, UPHILL, MALAPPURAM-676 505.** **R1-3 BY ADV. SRI.RAJU JOSEPH (SR.) R1-3 BY ADV. SRI.C.JOSEPH ANTONY** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22-012020, ALONG WITH WA.2123/2019 AND CONNECTED CASES, THE COURT ON 28-02-2020 DELIVERED THE FOLLOWING:** WA No.2123/19 & conn.cases -:43:- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MRS. JUSTICE MARY JOSEPH** **FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941** ## **WA.No.2273 OF 2019** **AGAINST THE JUDGMENT IN WP(C) 38279/2018(H) OF HIGH COURT OF KERALA** ## **APPELLANTS/3RD PARTIES:** - **1 RAJEEVKUMAR V.R AGED 43 YEARS S/O. LATE P.K RAVEENDRAN NAIR, ASSISTANT EXECUTIVE ENGINEER, COMMUNICATION SUBDIVISION, EDAPPON, MALAPPURAM, PIN 688 001** - **2 AJITH KUMAR A.V, AGED 42 YEARS S/O. VASUDEVAN ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL CIRCLE, ALAPPUZHA PIN 688 001** - **3 SUJITHKUMAR S.R, AGED 44 YEARS** **S/O. RAMAKRISHNAN K.K, ASSISTANT EXECUTIVE ENGINEER, GENERATION DIVISION, LOWER PERIYAR, IDUKKI, PIN 695 583** - **4 REEBA P. AUGUSTINE, AGED 44 YEARS W/O. JOHNSON VARGHESE, ASSISTANT EXECUTIVE ENGINEER, APTS UNIT, VAZHATHOPE, IDUKKI PIN 685 602** WA No.2123/19 & conn.cases -:44:- - **5 SHAJAN KANKOKKARAN, AGED 47 YEARS** **S/O. K. SAPPUKKUTTAN (LATE), ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, PEELIKKODE PIN 673 310** - **6 MANOJ KUMAR K, AGED 43 YEARS** **S/O. BALAKRISHANAN K, ASSISTANT EXECUTIVE ENGINEER, LMSC, KANNUR, PIN 670 643** - **7 JAYARAJAN P.K, AGED 42 YEARS** - **S/O. P.K KONNAN, ASSISTANT EXECUTIVE ENGINEER, TCSD, NEDUMKANDAM, IDUKKI, PIN 685 553** - **8 DIXON T.C, AGED 42 YEARS** - **S/O. CHARLY T.P, ASSISTANT EXECUTIVE ENGINEER, TNMS SUBDIVISION, KALAMASSERRY, PIN 683104** - **9 RATHEESH C.K, AGED 39 YEARS** **S/O. T.K KRISHNAN NAMBIAR, ASSISTANT EXECUTIVE ENGINEER, PROJECT MANAGEMENT UNIT, SREEKANDAPURAM, PIN 670 631** - **10 RAJESH S, AGED 43 YEARS** **S/O. P.N SREEDHARAN, ASSISTANT EXECUTIVE ENGINEER, PROTECTION SUB DIVISION, MOOLAMATTAM, PIN 685 589** - **11 SHAJU K, AGED 51 YEARS** **S/O. SANKARAN P.P, ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, EDAPPAL, MALAPPURAM, PIN 679 576** - **12 JAYA P.S, AGED 49 YEARS** - **W/O. VIJAYAN K.K, ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUBDIVISION, PULAMANTHOLE, MALAPPRAM, PIN 679 323** WA No.2123/19 & conn.cases -:45:- - **13 SUDHA M.R, AGED 47 YEARS** - **D/O. M.A RAGHAVAN (L) , ASSISTANT EXECUTIVE ENGINEER, O/O. DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, PALA, PIN 686 575** - **14 LEEJA JOSEPH T, AGED 43 YEARS** **W/O. SAREEN JOSEPH, ASSISTANT EXECUTIVE ENGINEER, TNMS SUBDIVISION, KALAMASSERRY, PIN 683503** - **15 SHEENA T.R, AGED 44 YEARS** **W/O. SANTHOSH C.A, ASSISTANT EXECUTIVE ENGINEER, PMU, ELECTRICAL CIRCLE, PERUMBAVOOR, PIN 683542** - **16 SHIBU T, AGED 44 YEARS** **S/O. THANKAPPAN V, ASSISTANT EXECUTIVE ENGINEER, TRANSMISSION SUB DIVISION, MOOZHIYAR, PATHANAMTHITTA, PIN 689 662** - **17 SHABU KUMAR V, AGED 43 YEARS** - **S/O. VISWAMBHARAN J, ASSISTANT EXECUTIVE ENGINEER, TRANSMISSION SUB DIVISION, CHANGANASSERRY, PIN 686 001** - **18 PRAMODHU V, AGED 44 YEARS** - **S/O. K. VARADAN, ASSISTANT EXECUTIVE ENGINEER,, O.O CHIEF ENGINEER, TRANSMISSION SOUTH, THIRUVANANTHAPURAM, PIN 680 015** - **19 AJAY SREEHARSHAN, AGED 40 YEARS** **S/O. A. SREEHARSHAN, ASSISTANT EXECUTIVE ENGINEER,CPMV, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM, PIN 685 015** WA No.2123/19 & conn.cases -:46:- - **20 MANJU K.R, AGED 46 YEARS** - **W/O. SHARATH CHANDRAN NAIR S.S, ASSISTANT EXECUTIVE ENGINEER, O/O. CHIEF ENGINEER, (COMMERCIAL AND PLANNING), THIRUVANANTHAPURAM PIN 685 015** - **21 REENA GEORGE, AGED 40 YEARS** **W/O. SAJI GEORGE, ASSISTANT EXECUTIVE ENGINEER, O/O. DIRECTOR (DIT AND HRM) THIRUVANANTHAPURAM, PIN 685 015** - **22 VINOD B, AGED 46 YEARS** - **S/O. BHASKARAN, ASSISTANT EXECUTIVE ENGINEER, PED, THIRUVANANTHAPURAM, PIN 685 015** - **23 BIJU P, AGED 44 YEARS** **S/O. P.J POULOSE, ASSISTANT EXECUTIVE ENGINEER,, O./O CE (RE AND ES), THIRUVANANTHAPURAM PIN 685 015** - **24 SAJEENA H, AGED 42 YEARS** **D/O. HABEEB MUHAMMED, ASSISTANT EXECUTIVE ENGINEER, PMU KATTAKKADA, THIRUVANANTHAPURAM PIN 695 572** - **25 JYOTHI M.D., AGED 40 YEARS** - **W/O. RIJURAJ R, ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL CIRCLE, KATTAKKADA, PIN 695 572** - **26 SAJIMOL P.S, AGED 40 YEARS** **W/O. RAJESH P.K, ASSISTANT EXECUTIVE ENGINEER, PMU, ELECTRICAL CIRCLE, MANJERI, PIN 676 121** - **27 SHERIN JOSEPH, AGED 39 YEARS** **W/O. ROBERT J BENJAMIN, ASSISTANT EXECUTIVE ENGINEER, PMU, ELECTRICAL CIRCLE, THODUPUZHA, PIN 685 584** WA No.2123/19 & conn.cases -:47:- **28 AJITH S, AGED 42 YEARS S/O. P SIVARAMAN PILLAI (L), ASSISTANT EXECUTIVE ENGINEER, L.D CENTRE, KALAMASSERRY PIN 683104** **29 JAYA T.S, AGED 41 YEARS W/O. PRADEEPKUMAR, ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUBDIVISION, PALLURUTHY, PIN 682 006** **30 BINDU C.S, AGED 44 YEARS W/O. SUDEV KUMAR M.K, ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL CIRCLE ERNAKULAM, PIN 682 001** **31 SURESH KUMAR C.C, AGED 39 YEARS S/O. C.R CHELLAPPAN, ASSISTANT EXECUTIVE ENGINEER, TCSD, KOZHENCHERRY, PIN 689 641** **BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.AJITH KRISHNAN** **RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 3 IN WP(c) NO.38279/2018:** - **1 ANIRUDHAN P AGED 49 YEARS S./O. G. PEETHAMBARAN, ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LTD, 66 KV SUB STTION, KUTTANADU, ALAPPUZHA, RESIDING AT UTHRADOM, SINDOORA ROAD, PUNNAPRA P.O, ALAPPUZHA 688 004** - **2 KERALA STATE ELECTRICITY BOARD LTD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004** WA No.2123/19 & conn.cases -:48:- - **3 THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ELECTRICITY BOARD LTD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004** - **4 THE CHIEF ENGINEER(H.R.M) KERALA STATE ELECTRICITY BOARD LTD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004 R1 BY ADV. SRI.SAJITH KUMAR V. R2-4 BY ADV. SRI.RAJU JOSEPH (SR.) R2-4 BY ADV. SRI.C.JOSEPH ANTONY** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22-012020, ALONG WITH WA.2123/2019 AND CONNECTED CASES, THE COURT ON 28-02-2020 DELIVERED THE FOLLOWING:** WA No.2123/19 & conn.cases -:49:- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MRS. JUSTICE MARY JOSEPH** **FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941** ## **WA.No.2276 OF 2019** **AGAINST THE JUDGMENT IN WP(C) 28516/2018(L) OF HIGH COURT OF KERALA** ## **APPELLANTS/3RD PARTIES:** **1 MUHAMMED RAFI M., AGED 48 YEARS ASSISTANT ENGINEER (ELECTRICAL), ELECTION SECTION, POOJAPPURA, THIRUVANANTHAPURAM-695012.** **2 SAJU R.L., ASSISTANT ENGINEER (ELECTRICAL), ELECTION SECTION, FORT, THIRUVANANTHAPURAM-695023** **BY ADVS. SRI.PIRAPPANCODE V.S.SUDHEER SMT.A.MEGHA** ## **RESPONDENTS/PETITIONERS & RESPONDENTSW:** - **1 AJITH KUMAR M.T., ASSISTANT ENGINEER (ELECTRICAL), 220 KV SUB STATION, KERALA STATE ELECTRICITY BOARD LTD., PALLOM, KOTTAYAM DISTRICT-686007.** **2 MURALEEDHARAN M., ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., GENERAL CIRCLE, KOTHAMANGALAM, ERNAKULAM DISTRICT -686691.** WA No.2123/19 & conn.cases -:50:- - **3 AMPILY M.,** - **ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., 110 KV SUB STATION, CHAVARA, KOLLAM DISTRICT-691583.** - **4 REMA T., ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL DIVISION, PATHANAMTHITTA-689645.** - **5 IBRAHIM C., ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., T.C. SECTION, EDARIKKODU, MALAPPURAM DISTRICT-676501.** - **6 BALACHANDRAN P., ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., 110 KV SUB STATION, PONNANI, MALAPPURAM DISTRICT-679576.** - **7 RAMESH J., ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., 66 KV SUB STATION, VIZHINJAM, THIRUVANANTHAPURAM-695521.** - **8 SAJU S., ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, VAKKOM, THIRUVANANTHAPURAM DISTRICT-695308.** - **9 SWAPNA S., ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., 66 KV SUB STATION, CHANGANACHERRY, KOTTAYAM DISTRICT-686101.** - **10 AJI RAJAN C., ASSISTANT ENGINEER (ELECTRICAL) KERALA STATE ELECTRICITY BOARD LTD., 110 KV SUB STATION, KUTTIPURAM, MALAPPURAM DISTRICT-679571.** - **11 SATHEESH KUMAR N.,** - **ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, SASTHAMCOTTA, KOLLAM DISTRICT-690521.** WA No.2123/19 & conn.cases -:51:- - **12 SHEEJA S., ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., GENERATION SUB DIVISION, KALLARKUTTY, IDUKKI DISTRICT-685562.** - **13 GIRISH M., ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., 110 KV SUB STATION, EDATHUA, ALAPPUZHA DISTRICT-689573.** - **14 KERALA STATE ELECTRICITY BOARD LTD., REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004.** - **15 THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ELECTRICITY BOARD LTD., VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004.** - **16 THE CHEIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD LTD., VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004.** - **17 ADDL.R17.GIREESH.K.A AGED 51 YEARS,S/O.LATE K.AYYASWAMY, RESIDING AT KOLLIRETH HOUSE, KAIPATTOOR P.O.,PATHANAMTHITTA DISTRICT, KERALA-689 648.** **IS IMPLEADED AS ADDL.17TH RESPONDENT AS PER ORDER DATED 16.11.2019 IN I.A.3/2019 IN WA 2276/2019.** **R14-16 BY ADV. SRI.RAJU JOSEPH (SR.) R14-16 BY ADV. SRI.C.JOSEPH ANTONY R17 BY ADV. THOMAS ABRAHAM R17 BY ADV. SMT.MERCIAMMA MATHEW R17 BY ADV. SRI.ASWIN.P.JOHN R17 BY ADV. SRI.R.ANANTHAPADMANABAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22-012020, ALONG WITH WA.2123/2019 AND CONNECTED CASES, THE COURT ON 28-02-2020 DELIVERED THE FOLLOWING:** WA No.2123/19 & conn.cases -:52:- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MRS. JUSTICE MARY JOSEPH** **FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941** ## **WA.No.2278 OF 2019** **AGAINST THE JUDGMENT IN WP(C) 28516/2018(L) OF HIGH COURT OF KERALA** ## **APPELLANTS/3RD PARTIES:** - **1 RAJEEV KUMAR V.R., AGED 43 YEARS S/O.LATE P.K.RAVEENDRAN NAIR, ASSISTANT EXECUTIVE ENGINEER, COMMUNICATION SUBDIVISION, EDAPPON, MALAPPURAM, PIN - 688 001.** - **2 AJITH KUMAR A.V., AGED 42 YEARS S/O.VASUDEVAN, ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL CIRCLE, ALAPPUZHA, PIN - 688 001.** - **3 SUJITHKUMAR S.R., AGED 44 YEARS S/O.RAMAKRISHNAN K.K., ASSISTANT EXECUTIVE ENGINEER, GENERATION DIVISION, LOWER PERIYAR, IDUKKI, PIN - 695 583.** - **4 REEBA P.AUGUSTINE, AGED 44 YEARS W/O.JOHNSON VARGHESE, ASSISTANT EXECUTIVE ENGINEER, APTS UNIT, VAZHATHOPE, IDUKKI, PIN - 685 602.** WA No.2123/19 & conn.cases -:53:- - **5 SAHAJAN KANKOKKARAN, AGED 47 YEARS** **S/O.K.SAPPUKKUTTAN (LATE), ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, PEELIKKODE, PIN - 671 310.** - **6 MANOJ KUMAR K., AGED 43 YEARS S/O.BALAKRISHNAN K., ASSISTANT EXECUTIVE ENGINEER, LMSD, KANNUR, PIN - 670 643.** - **7 JAYARAJAN P.K., AGED 42 YEARS S/O.P.K.KONNAN, ASSISTANT EXECUTIVE ENGINEER, TCSD, NEDUMKANDAM, IDUKKI, PIN - 685 553.** - **8 DIXON T.C., AGED 42 YEARS** - **S/O.CHARLY T.P., ASSISTANT EXECUTIVE ENGINEER, TNMS SUBDIVISION, KALAMASSERY, PIN - 683 104.** - **9 RATHEESH C.K., AGED 39 YEARS** - **S/O.T.K.KRISHNAN NAMBIAR, ASSISTANT EXECUTIVE ENGINEER, PROJECT MANAGEMENT UNIT, SREEKANDAPURAM, PIN - 670 631.** - **10 RAJESH S., AGED 43 YEARS S/O.P.N.SREEDHARAN, ASSISTANT EXECUTIVE ENGINEER, PROTECTION SUB DIVISION, MOOLAMATTAM, PIN - 685 589.** - **11 SHAJU K., AGED 51 YEARS S/O.SANKARAN P.P., ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, EDAPPAL, MALAPPURAM, PIN - 679 576.** - **12 JAYA P.S., AGED 49 YEARS W/O.VIJAYAN K.K., ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUBDIVISION, PULAMANTHOLE, MALAPPURAM, PIN - 679 323.** WA No.2123/19 & conn.cases -:54:- - **13 SUDHA M.R., AGED 47 YEARS D/O.M.A.RAGHAVAN (L), ASSISTANT EXECUTIVE ENGINEER, O/O.DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, PALA, PIN - 686 575.** - **14 LEEJA JOSEPH T., AGED 43 YEARS W/O.SAREEN JOSEPH, ASSISTANT EXECUTIVE ENGINEER, TNMS SUBDIVISION, KALAMASSERRY, PIN - 683 5 03.** - **15 SHEENA T.R., AGED 44 YEARS W/O.SANTHOSH C.A., ASSISTANT EXECUTIVE ENGINEER, PMU, ELECTRICAL CIRCLE, PERUMBAVOOR, PIN - 683 542.** - **16 SHIBU T., AGED 44 YEARS** **S/O.THANKAPPAN V., ASSISTANT EXECUTIVE ENGINEER, TRANSMISSION SUB DIVISION, MOOZHIYAR, PATHANAMTHITTA, PIN - 689 662.** - **17 SHABU KUMAR V., AGED 43 YEARS** **S/O.VISWAMBARAN J., ASSISTANT EXECUTIVE ENGINEER, TRANSMISSION SUBDIVISION, CHENGANASSERY, PIN - 686 001.** - **18 PRAMODHU V., AGED 44 YEARS** **S/O.K.VARADAN, ASSISTANT EXECUTIVE ENGINEER, O/O. CHIEF ENGINEER, TRANSMISSION SOUTH, THIRUVANANTHAPURAM, PIN - 685 015.** - **19 AJAY SREEHARSHAN, AGED 40 YEARS** **S/O.A.SREEHARSHAN, ASSISTANT EXECUTIVE ENGINEER, CPMV, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM, PIN - 685 015.** WA No.2123/19 & conn.cases -:55:- - **20 MANJU K.R., AGED 46 YEARS** - **W/O.SHARATH CHANDRAN NAIR S.S., ASSISTANT EXECUTIVE ENGINEER, O/O. CHIEF ENGINEER, (COMMERCIAL AND PLANNING) THIRUVANANTHAPURAM, PIN - 685 015.** - **21 REENA GEORGE, AGED 40 YEARS** - **W/O.SAJI GEORGE, ASSISTANT EXECUTIVE ENGINEER, O/O. DIRECTOR (DIT AND HRM), THIRUVANANTHAPURAM, PIN - 685 015.** - **22 VINOD B., AGED 46 YEARS** - **S/O.BHASKARAN, ASSISTANT EXECUTIVE ENGINEER, PED, THIRUVANANTHAPURAM, PIN - 685 015.** - **23 BIJU P., AGED 44 YEARS** **S/O.P.J.PAULOSE, ASSISTANT EXECUTIVE ENGINEER, O/O. CE (RE AND ES), THIRUVANANTHAPURAM, PIN - 685 015.** - **24 SAJEENA H., AGED 42 YEARS** - **D/O.HABEEB MUHAMMED, ASSISTANT EXECUTIVE ENGINEER, PMU KATTAKKADA, THIRUVANANTHAPURAM, PIN - 695 572.** - **25 JYOTHI M.D., AGED 41 YEARS** - **W/O.RIJURAJ R., ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL CIRCLE, KATTAKKADA, PIN - 695 572.** - **26 SAJIMOL P.S., AGED 40 YEARS** - **W/O.RAJESH P.K., ASSISTANT EXECUTIVE ENGINEER, PMU, ELECTRICAL CIRCLE, MANJERY, PIN- 676 121.** - **27 SHERIN JOSEPH, AGED 39 YEARS** - **W/O.ROBER J.BENJAMIN, ASSISTANT EXECUTIVE ENGINEER, PMU, ELECTRICAL CIRCLE, THODUPUZHA, PIN - 685 584.** WA No.2123/19 & conn.cases ## -:56:- **28 AJITH S., AGED 42 YEARS S/O.P.SIVARAMAN PILLAI (L) ASSISTANT EXECUTIVE ENGINEER, L.D.CENTRE, KALAMASSERY, PIN - 683 104.** **29 JAYA T.S., AGED 41 YEARS W/O.PRADEEPKUMAR, ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUBDIVISION, PALLURUTHY, PIN - 682 006.** **30 BINDU C.S., AGED 44 YEARS W/O.SUDEV KUMAR M.K., ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL CIRCLE ERNAKULAM, PIN - 682 001.** **31 SURESH KUMAR C.C., AGED 39 YEARS S/O.C.R.CHELLAPPAN, ASSISTANT EXECUTIVE ENGINEER, TCSD, KOZHENCHERRY, PIN - 689 641.** **BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.AJITH KRISHNAN** **RESPONDENTS/PETITIONERS 1 TO 13 & RESPONDENTS 1 TO 3 IN WPC NO.28516/2018:** **1 AJITH KUMAR M.T., AGED 51 YEARS ASSISTANT ENGINEER (ELECTRICAL) 220KV SUB STATION, KERALA STATE ELECTRICITY BOARD LTD., PALLOM, KOTTAYAM DISTRICT - 686 012.** **2 MURALEEDHARAN N., ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., GENERAL CIRCLE, KOTHAMANGALAM, ERNAKULAM DISTRICT - 686 691.** WA No.2123/19 & conn.cases -:57:- - **3 AMPILLY M., ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., 110KV SUB STATION, CHAVARA, KOLLAM DISTRICT - 691 583.** - **4 REMA T., ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL DIVISION, PATHANAMTHITTA - 689 648.** - **5 IBRAHIM C., ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., T.C.SECTION, EDARIKKODU, MALAPPURAM DISTRICT - 676 501.** - **6 BALACHANDRAN P., ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., 110KV SUB STATION, PONNANI, MALAPPURAM DISTRICT - 679 577.** - **7 RAMESH J., ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., 66 KV SUB STATION, VIZHINJAM, THIRUVANANTHAPURAM - 695 523.** - **8 SAJU S., ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, VAKKOM, THIRUVANANTHAPURAM - 695 308.** - **9 SWAPNA S., ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., 66 KV SUB STATION, CHANGANACHERRY, KOTTAYAM DISTRICT - 686 104.** - **10 AJI RAJAN C., ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., 110K SUB STATION, KUTTUPPURAM, MALAPPURAM - 679 571.** - **11 SATHEESH KUMAR N.,** - **ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, SASTHAMCOTTA, KOLLAM DISTRICT - 690 521.** WA No.2123/19 & conn.cases -:58:- - **12 SHEEJA S., ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., GENERATION SUB DIVISION, KALLURUTTY, IDUKKI DISTRICT - 685 562.** - **13 GIRISH M., ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., 110KV SUB STATION, EDATHUA, ALAPPUZHA DISTRICT - 689 573.** - **14 KERALA STATE ELECTRICITY BOARD LTD., REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004.** - **15 THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVAN, PATTOM, THIRUVANANTNAPURAM - 695 004.** - **16 THE CHIEF ENGINEER (H.R.M.), KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVAN, PATTOM,THIRUVANANTHAPURAM - 695 004.** **R14-16 BY ADV. SRI.RAJU JOSEPH (SR.) R14-16 BY ADV. SRI.C.JOSEPH ANTONY** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22-012020, ALONG WITH WA.2123/2019 AND CONNECTED CASES, THE COURT ON 28-02-2020 DELIVERED THE FOLLOWING:** WA No.2123/19 & conn.cases -:59:- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MRS. JUSTICE MARY JOSEPH** **FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941** ## **WA.No.2305 OF 2019** **AGAINST THE JUDGMENT IN WP(C) 28516/2018(L) OF HIGH COURT OF KERALA** ## **APPELLANTS/PETITIONERS:** - **1 AJITH KUMAR M.T ASSISTANT ENGINEER(ELECTRICAL), 22O KV SUB STATION,KERALA STATE ELECTRICITY BOARD LTD,PALLOM, KOTTAYAM DISTRICT.** - **2 MURALEEDHARAN.N, ASSISTANT ENGINEER(ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD,GENERAL CIRCLE,KOTHAMANGALAM, ERNAKULAM DISTRICT.** - **3 AMPILY.M, ASSISTANT ENGINEER(ELECTRICAL),KERALA STATE ELECTRICITY BOARD LTD,110KV SUB STATION,CHAVARA,KOLLAM DISTRICT.** - **4 REMA.T, ASSISTANT ENGINEER(ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL DIVISION,PATHANAMTHITTA.** WA No.2123/19 & conn.cases -:60:- - **5 IBRAHIM.C, ASSISTANT ENGINEER(ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD,T.C.SECTION,EDARIKKODU,MALAPPURAM DISTRICT.** - **6 BALACHANDRAN.P, ASSISTANT ENGINEER(ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD,110KV SUB STATION,PONNANI,MALAPPURAM DISTRICT.** - **7 RAMESH.J, ASSISTANT ENGINEER(ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD,66 KV SUB STATION,VIZHINJAM,THIRUVANANTHAPURAM.** - **8 SAJU.S, ASSISTANT ENGINEER(ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD,ELECTRICAL SECTION,VAKKOM, THIRUVANANTHAPURAM.** - **9 SWAPNA.S, ASSISTANT ENGINEER(ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD, 66 KV SUB STATION,CHANGANACHERRY,KOTTAYAM DISTRICT.** - **10 AJI RAJAN.C, ASSISTANT ENGINEER(ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD,110 KV SUB STATION,KUTTIPPURAM,MALAPPURAM DISTRICT.** - **11 SATHEESH KUMAR.N, ASSISTANT ENGINEER(ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL SECTION,SASTHAMCOTTA, KOLLAM DISTRICT.** - **12 SHEEJA.S, ASSISTANT ENGINEER(ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD, GENERATION SUB DIVISION,KALLARKUTTY, IDUKKI DISTRICT.** WA No.2123/19 & conn.cases -:61:- **13 GIRISH.M, ASSISTANT ENGINEER(ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD,110 KV SUB STATION,EDATHUA,ALAPPUZHA DISTRICT.** **BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.P.MOHANDAS (ERNAKULAM) SRI.S.VIBHEESHANAN SRI.K.SUDHINKUMAR SRI.S.K.ADHITHYAN SRI.SABU PULLAN** ## **RESPONDENTS/RESPONDENTS:** - **1 KERALA STATE ELECTRICITY BOARD LTD REPRESENTED BY IT SECRETARY,VYDYUTHI BHAVAN,PATTOM,THIRUVANANTHAPURAM-695004.** - **2 THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ELECTRICITY BOARD LTD, VYDYUTHI BHAVAN,PATTOM,THIRUVANANTHAPURAM695004.** - **3 THE CHIEF ENGINEER(H.R.M.), KERALA STATE ELECTRICITY BOARD LTD, VYDYUTHI BHAVAN,PATTOM,THIRUVANANTHAPURAM695004.** **R1-3 BY ADV. SRI.C.JOSEPH ANTONY R1-3 BY ADV. SRI.RAJU JOSEPH (SR.)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22-012020, ALONG WITH WA.2123/2019 AND CONNECTED CASES, THE COURT ON 28-02-2020 DELIVERED THE FOLLOWING:** WA No.2123/19 & conn.cases -:62:- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **&** **THE HONOURABLE MRS. JUSTICE MARY JOSEPH** **FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941** ## **WA.No.2343 OF 2019** **AGAINST THE JUDGMENT IN WP(C) 25345/2018(P) OF HIGH COURT OF KERALA** ## **APPELLANT/PETITIONER:** **BIJU R.MOYALAN AGED 49 YEARS ASSISTANT ENGINEER(ELECTRICAL), POWER EQUIPMENT TESTING(PET) SUB DIVISION, KERALA STATE ELECTRICITY BOARD LTD., MADAKKATHARA, THRISSUR, PIN-680 651.** **BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.V.VARGHESE SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SMT.K.N.REMYA SMT.L.ANNAPOORNA** ## **RESPONDENTS/RESPONDENTS:** - **1 KERALA STATE ELECTRICITY BOARD LIMITED REPRESENTED BY ITS SECRETARY, VAIDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN-695 004.** WA No.2123/19 & conn.cases -:63:- - **2 CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ELECTRICITY BOARD LTD., VAIDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN-695 004.** - **3 THE CHIEF ENGINEER(HRM), KERALA STATE ELECTRICITY BOARD LTD., VAIDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN-695 004. R1-3 BY ADV. SRI.RAJU JOSEPH (SR.) R1-3 BY ADV. SRI.C.JOSEPH ANTONY** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22-012020, ALONG WITH WA.2123/2019 AND CONNECTED CASES, THE COURT ON 28-02-2020 DELIVERED THE FOLLOWING:** WA No.2123/19 & conn.cases -:64:- ## **J U D G M E N T** **(WA Nos.2123, 2177, 2178, 2220, 2221, 2239, 2240, 2241, 2251, 2273, 2276, 2278, 2305, 2343/2019 & RP No. 583/2018)** Dated this the 28[th] day of February, 2020 ## _**Shaffique, J.**_ These appeals arise from a batch of writ petitions which were disposed of by the learned Single Judge, as per judgment dated 2/9/2019, and hence heard and decided together. 2. By the impugned judgment, the learned Single Judge while setting aside the impugned orders issued the following direction:- “ _25. The impugned orders are, therefore, set aside. There will be a direction to the Board to retain the petitioners, who had been included in the select list of June 2002 as Assistant Engineer (Electrical), and to grant them seniority w.e.f. 15.6.2004. The Board shall undertake the fresh exercise in respect of the residual vacancies and prepare a list without affecting the regularisation or seniority of the persons who had been successful in the 2002 selection. The binding decisions of this Court with regard to the reckoning of seniority shall be followed by the Board while preparing the list, as directed above. The objections, if any, to be raised by the employees shall be_ WA No.2123/19 & conn.cases -:65:- _considered within a period of two months from the copy of receipt of a copy of this judgment”._ 3. The dispute in these cases revolve around appointment to the post of Assistant Engineer in the 10% vacancies set apart for in-service candidates who acquired the requisite qualification, in the Kerala State Electricity Board Ltd. (hereinafter referred as the 'Board') The appointment of Assistant Engineer in the Board is done by way of direct recruitment and promotion. Promotion is from Diploma and Certificate holders. 50% of the vacancies are filled up by direct recruitment out of which 10% is reserved for Board employees having B.Tech qualification. 4. For easy reference, the documents relied upon in WP(C) No.28516/2019 against which WA No. 2305/2019 has been filed, are referred hereinafter, unless otherwise stated. A select list of Engineering (Electrical) graduates in the service of Board eligible for appointment as Assistant Engineer (Electrical) against the 10% recruitment quota came to be published on 30/4/2002. Circular dated 1/6/2002 (Ext.P3) was issued showing the names of 37 employees eligible for appointment under the 10% quota. Since one of them was mistakenly omitted, yet another circular dated 10/6/2002 was issued incorporating the names of 38 WA No.2123/19 & conn.cases -:66:- employees (Ext.P4). Despite the publication of the list and availability of sufficient vacancies, no appointment was effected. Whereas, Assistant Engineers were recruited on contract basis. Accordingly, the persons who were included in Exts.P3 and P4 lists filed WP(C) No. 22628/2003 before this Court. While the writ petition was pending, applications were invited from qualified Board employees for appointment as Assistant Engineers on a temporary basis. Along with the 38 persons whose names were shown in Ext.P4 list, certain other employees who acquired B.Tech qualification after 2002 submitted applications for appointment as Assistant Engineers. The Board issued an order dated 15/6/2004 as Ext.P6, appointing 81 employees temporarily as Assistant Engineers. On 31/1/2005, the Government approved the proposal entrusting appointment under the aforesaid 10% quota to the Public Service Commission (PSC). WP(C) No. 22628/2003 was therefore disposed of directing that all vacancies under 10% quota up to 31/1/2005 shall be filled up from the select list in force. It was also held that persons who were already appointed temporarily from Exts.P3 and P4 are entitled for regularization and consequential benefits. Paragraph 4 of the said judgment WA No.2123/19 & conn.cases -:67:- ## reads as under: _“4. For the above reasons, there shall be an order directing the 1[st] respondent to fill up the 10% vacancies of Assistant Engineer (Electrical), in accordance with Ext.P1 Government Order which held the field until Ext.P11 order came into force. It follows that persons included in Exts.P3 and P4 select lists shall be considered eligible and qualified for appointment against the 10% vacancies in the post of Assistant Engineer (Electrical) upto 31/1/2005 provided those lists are otherwise valid and operative. Board has no case that Exts.P3 and P4 lists are legally infirm. Hence, persons who have already been appointed provisionally from Exts.P3 and P4 select list will be entitled for regularisation in accordance with law. Consequential benefits also shall be granted to them without delay._ 5. Those persons whose names were not included in Exts.P3 and P4 lists and who acquired qualification after 10/6/2002 filed WP(C) Nos.33726/2005 and 33749/2005 claiming the benefit of judgment dated 21/6/2005 in WP(C) No.22628/2003. The Board also challenged the judgment in WP(C) No. 22628/2003 by filing WA No. 2564/2005. The said writ appeal was dismissed against which Board filed RP No.847/2006. The review petition was allowed and the judgment was recalled. WA No. 2564/2005 was heard along with WP(C) Nos. 33726/2005 WA No.2123/19 & conn.cases -:68:- and 33749/2005 and disposed of by a common judgment dated 21/6/2007. The writ petitions were allowed and the writ appeal filed by the Board was dismissed. Pursuant to the same, the Chief Engineer issued proceedings dated 5/11/2007 appointing 66 persons as Assistant Engineers from the date of order i.e., on 5/11/2007 as per Ext.P10. The persons who were appointed pursuant to Exts.P3 and P4 lists were among the 66 persons who were so appointed. The persons who were included in Exts.P3 and P4 lists approached this Court seeking to reopen the Contempt of Court case. At that time, the Board submitted that appropriate orders will be passed within three months and pursuant to which the appointment of the persons who were in Exts.P3 and P4 lists were approved w.e.f. 15/6/2004. Ext.P11 is the said proceedings dated 22/8/2008. Subsequently, by yet another order of the 3[rd] respondent dated 17/9/2008 (Ext.P12), the service of 66 Assistant Engineers were regularized w.e.f. 15/6/2004 and 21 Assistant Engineers who were appointed as per order dated 5/11/2007 were reverted. The employees who were reverted filed RP No.1099/2008 against judgment in WP(C) No.33726/2005 and RP No.902/2008 against judgment in WP(C) WA No.2123/19 & conn.cases -:69:- No.33749/2005. The review petitions were allowed as per judgment dated 17/6/2009 and the direction to treat petitioners in WP(C) Nos.33726 and 33749/2005 as regularly promoted w.e.f. 15/6/2004 was vacated. It was further observed that they could apply when Board invites fresh notification in respect of vacancies after 2002 select list till 31/1/2005. Though Special Leave Petitions were filed against the said order, those were dismissed by the Apex Court as per order dated 1/5/2017. Again review petitions were filed against order in RP No.1099/2008 and RP No.902/2008. Those review petitions were not numbered and dismissed as per order dated 28/5/2018. 6. In the meantime, some of the petitioners who were regularised w.e.f. 15/6/2004 had again approached this Court alleging that consequential benefits are not being given w.e.f. 15/6/2004 by filing WP(C) No. 15208/2011. By judgment dated 29/7/2013, this Court directed the Board to give all consequential benefits to the petitioners. The following is the direction issued by this Court:- _“That appropriate orders may be passed by the Chief Engineer, directing payment of all monetary benefits to the petitioners as if they have been regularly_ WA No.2123/19 & conn.cases ## -:70:- _appointed with effect from 15.6.2004 and their entitlement for increment has to be considered with effect from that date onwards. This may be done within a period of two months from the date of receipt of a copy of this judgment.”_ According to the petitioners, they were given consequential benefits pursuant to the said direction by Ext.P17 proceedings dated 26/11/2013. 7. While so, the Chief Engineer published Ext.P18 order dated 6/1/2016 granting conditional assignment of seniority of Assistant Engineers appointed under the 10% quota. In the said seniority list, the petitioners who filed WP(C) Nos. 33726/2005 and 33749/2005 were shown as seniors to the persons included in Exts.P3 and P4 lists. Order dated 6/1/2016, came to be challenged by two persons, Smt.Swapna and Sri.Balachandran P. by filing WP(C) No. 3655/2016. They also sought for a direction that the seniority list published in 2008 should not be revised. By judgment dated 20/1/2017, a learned single Judge of this court held that the petitioners having been regularised w.e.f. 15/6/2004 and they having been given all consequential benefits, the petitioners in WP(C) Nos. 33726/2005 and 33749/2005 cannot have a march over them. The aforesaid judgment came to be WA No.2123/19 & conn.cases -:71:- challenged in WA No. 646/2017 and judgment dated 20/11/2017 in WP(C) No. 3655/2016 was set aside. It was held that the persons who were appointed as per Exts.P3 and P4 lists cannot claim seniority from 10/6/2002. In the meantime as per circular dated 16/11/2017 (Ext.P20), applications were invited from qualified Board employees for appointment as Assistant Engineers under 10% quota in respect of vacancies between 2002 selection and 31/1/2005. 8. On the basis of the judgment in WA No. 646/2017, the Chief Engineer issued Ext.P22 order dated 12/7/2018, changing the date of regularization of the petitioners as Assistant Engineers from 5/11/2007 instead of 15/6/2004. Ext.P22 contains three Annexures. Annexure A contains persons who were appointed in the cadre of Assistant Engineers that existed up to 31/1/2005 w.e.f. 5/11/2007. Annexure B contains the names of Assistant Engineers who were reverted to the respective cadres from the date of the order and Annexure C contains Assistant Engineers who were temporarily promoted on or after 15/6/2004 and ordered to be reverted. Ext.P22 was challenged before this Court by filing WP(C) No. 23856/2018. The order of reversion has WA No.2123/19 & conn.cases -:72:- been stayed as per judgment in WA No.1506/2018. 9. WA No. 2305/2019 has been filed by the petitioners in WP(C) No.28516/2018. Though their appointments were directed to be regularised from 15/6/2004, appeal is filed on the ground they were not given the due promotion. 10. WA No. 2177/19 has been filed by the petitioners in WP(C) No. 29435/2018. The petitioners in this case are certain persons who filed WP(C) Nos 33726/2005 and 33749/2005. They were persons who were not included in Exts.P3 and P4 lists, but later their names appeared in the select list published on 17/9/2008. The writ petition has been filed by them challenging Ext.P40 proceedings of the Chief Engineer dated 12/7/2018 which is the same as Ext.P22 in WP(C) No. 28516/2018 (WA No.2305/2019). They also seek for a direction to the respondent Board to regularise their promotion as Assistant Engineers (Electrical) from 15/6/2004 and sustain the monetary benefits already granted to them. 11. WA No.2123/2019 is filed by the petitioners in WP(C) No. 23829/2018. They challenge Ext.P22 proceedings dated 12/7/2018 of the Chief Engineer (HRM) and also seeks for a WA No.2123/19 & conn.cases -:73:- direction to permit them to continue as Assistant Engineers (Electrical) following regularization w.e.f. 15/6/2004 and for other consequential reliefs. 12. WA No. 2220/2019 has been filed by the petitioners in WP(C) No. 27905/2018. They also challenge the very same proceedings of the Chief Engineer dated 12/7/2018. The petitioners are persons who have been reverted pursuant to the said order. 13. WA No. 2221/2019 is filed by the petitioners in WP(C) No. 38125/2018. Petitioners in that case also challenged Ext.P25, the proceedings dated 12/7/2018 of the Chief Engineer and seeks for a direction to fix the seniority of the petitioners and others who have been promoted in the 10% quota as Assistant Engineers by taking into account their seniority in the lower categories based on the length of service after acquisition of degree qualification adhering to the provisions contained in Rule 28(b)(1)(7) Note - (vi) and Rule 10(ab) of KS & SSR and also for a direction to permit them to continue as Assistant Engineers (Electrical) on the basis of Ext.P15 order of promotion. Ext.P15 is the proceedings dated 15/6/2004 by which the Chief Engineer WA No.2123/19 & conn.cases -:74:- (HRM) had made temporary appointments of 81 Engineering graduates in the service of the Board. 14. WA No. 2343/2019 has been filed by the petitioner in WP(C) No. 25345/2018. Petitioner in this case had challenged Ext.P11 proceedings of the Chief Engineer dated 12/7/2018 to the extent it does not fill the posts of Assistant Engineers (Electrical) up to 31/1/2005 against 10% of the quota and for a direction to promote the petitioner to the category of Assistant Engineers (Electrical) against the vacancy prior to 01/02/2005. Petitioner apparently is a person who does not figure in any of the lists prepared by the Board. According to the petitioner, about 33 more persons are to be appointed in the said quota in order to satisfy the ratio with reference to cadre strength. 15. WA No.2178/2019 has been filed by the 3[rd] respondent in WP(C) No. 1158/2015 and seeks for a direction to the Board to include the petitioners in the seniority list of Degree holder Assistant Engineers showing their date of appointment as 15/6/2004 and to give them the corresponding ranking, to promote the petitioners as Assistant Executive Engineers in the existing vacancies within a time limit and also to declare that the WA No.2123/19 & conn.cases ## -:75:- petitioners are entitled for promotion as Assistant Executive Engineers treating their regular date of promotion as Assistant Engineer w.e.f. 15/6/2004. 16. WA No. 2251/2019 has been filed by the petitioners in WP(C) No. 41387/2018. They also challenged the very same order dated 12/7/2018 of the Chief Engineer (HRM) and seeks for a direction to appoint the petitioners to the said post in the 10% inservice quota against vacancies existed prior to 01/2/2005 with effect from the date of appointment i.e., 15/6/2004. Petitioners are persons who were not in Exts.P3 or P4 lists referred above but were in the list of 81 in-service candidates. The 2[nd] petitioner was appointed on 15/6/2004 and petitioners 1, 3 and 4 on 1/1/2005 **.** 17. WA Nos.2273/2019, 2241/2019, 2276/2019, 2278/2019, 2239/2019 and 2240/2019 are filed by third parties challenging the judgment in WP(C) Nos. 28516/2018, 1158/2015, 38279/18, and 23856/2018. Those are all persons who had filed the appeal after seeking leave and are aggrieved by the judgment in so far as the claim of similarly situated persons were not approved to have seniority from the date of their appointments i.e., 15/6/2004. WA No.2123/19 & conn.cases -:76:- 18. RP No.583/2018 has been filed by respondents 1 and 2 in WA No.646/2017 challenging the judgment dated 28/5/2018 in WA No.646/2017 and connected cases wherein this Court has imposed cost of `10,000/- against the appellant on the ground that there was an attempt to conceal material particulars. 19. We heard the learned counsel appearing on either side and have perused the records. 20. Ext.P22 order dated 12/7/2018 came to be passed by the Chief Engineer based on the judgment of a Division Bench of this Court in WA No. No.646/2017 and unnumbered review petitions filed in WP(C) Nos.33726/2005 and 33749/2005. The review petitions were dismissed as not maintainable. However, while setting aside the judgment in WP(C) No. 3655/2016, it was held that seniority has to be reckoned from the date on which the appointments were made. Pursuant to the aforesaid judgment, the Chief Engineer in his order dated 12/7/2018 observed that in so far as the persons figured in Annexure A (66 persons) are appointed in the cadre of Assistant Engineer (Electrical) in the 10% in-service quota in the vacancies existed up to 31/1/2005 w.e.f. 5/11/2007, the date on which the appointments were made WA No.2123/19 & conn.cases -:77:- in compliance with the judgment dated 22/6/2005 in WP(C) No. 22628/2003, and the order would take effect from 5/11/2007. It was also observed that persons figured in Annexure B stands reverted to their respective cadres and all persons figured in Annexure C, who were appointed temporarily in the cadre of Assistant Engineer (Electrical) on or after 15/6/2004 and still continuing as Assistant Engineer (Electrical) on temporary basis stands reverted. 21. As already stated, there are two sets of candidates involved in the case. One set of candidates have been listed for appointment to the aforesaid post as per Exts.P3 and P4 and another set of persons who were not in the said list but were appointed subsequently as they were not qualified to be promoted to the said post as on the date when Exts.P3 and P4 lists were prepared. 22. First we shall consider the claim of the first batch. They are persons whose names appeared in Exts.P3 and P4 lists. They filed WP(C) No. 22628/2003 and in the judgment dated 21/6/2005 a direction had been issued that persons who have been appointed provisionally from Exts.P3 and P4 lists will be entitled WA No.2123/19 & conn.cases -:78:- for regularization in accordance with law. The Board preferred an appeal which came to be dismissed as per judgment dated 12/7/2006 in WA No. 2564/2005. However, it was reviewed and again considered and dismissed as per judgment dated 21/6/2007. Therefore, as far as the first batch is concerned, the direction to regularise them in service has become final and the board order to that effect is produced as Ext.P11 dated 22/8/2008. Pursuant to the said direction and the directions in WP(C) Nos.33726/2005 and 33749/2005, Chief Engineer issued proceedings dated 5/11/2007 filling up 66 posts which were available as on 31/1/2005. By Ext.P11 proceedings dated 22/8/2008, the claim of the first batch for retrospective regularization in the post of Assistant Engineer was directed to be considered. By Ext.P12 proceedings dated 17/9/2008, the Board regularised the service of the persons in Exts.P3 and P4 lists and also the petitioners in WP(C) Nos.33726 and 33749/2005 w.e.f. 15/6/2004 and to revert others to their respective cadres. In the review petition filed as RP No.1099/2008, the benefit granted to petitioners in WP(C) NoS. 33726 and 33749/05 was set aside. The matter attained finality as the special leave petition was also WA No.2123/19 & conn.cases -:79:- dismissed. Therefore, as per the Board orders and the judgments already explained, as far as the first batch is concerned, their appointments were regularized effective from 15/6/2004 and there could not be any challenge regarding the same. 23. A few members of the first batch again filed WP(C) No. 3655/2016 claiming benefit of regularization from the date when Exts.P3 and P4 lists were prepared. Though it was allowed by the learned Single Judge, the same was set aside by this Court on the finding that the writ petition is hit by resjudicata/issue estoppel. In fact their claim for regularization w.e.f from the date on which Exts.P3 and P4 lists were prepared was already concluded and they should not have ventured to file another writ petition seeking the very same reliefs especially when they have been directed to be regularised by this Court with effect from the date of their appointment i.e., 15/6/2004 and it had been confirmed by a Division Bench of this Court. Apparently, the writ petition itself was an abuse of process. That apart it was also observed that an earlier judgment was not brought to the notice of the Court. Therefore, there is justification for the Division Bench to have imposed cost of `10,000/-. Hence, we do not find any reason to WA No.2123/19 & conn.cases -:80:- review the said order in RP No.583/2018. Accordingly RP No.583/2018 is liable to be dismissed. 24. As already stated, in respect of the first batch, their appointments had been concluded by Ext.P12 proceedings of the Chief Engineer (HRM) dated 17/9/2008 and once it has become final, the same cannot be again reviewed based on yet another judgment in WA No. 646/2017. The right that has been accrued to the first batch has never been touched in the said judgment at all. While deciding WA No. 646/2017, this Court was only concerned with a claim in WP(C) No. 3655/2016 regarding the claim that their seniority should be from the date on which Exts.P3 and P4 the lists were prepared. Hence there was no change in situation warranting interference with their date of regularisation. 25. Now coming to the second batch, they were also given appointment effective from 15/6/2004 based on the judgment in WP(C) Nos. 33726/2005 and 33749/2005. But the said judgment came to be challenged in RP No.1099/2008 and a Division Bench of this Court allowed the review petition and held that _“ the board shall undertake the exercise to fill up those vacancies in accordance with law, in the light of the Rules then in force within_ WA No.2123/19 & conn.cases -:81:- _4 months from the date of production of copy of judgment, by inviting fresh applications pointing out that the appointment is to be made on regular basis. Till such appointments are made the review petitioners and the contesting respondents may be retained in the posts filled by them, i.e., in the post of Assistant Engineer, on temporary basis, provided their services are required by the Board.”_ This order does not indicate that the benefits given to the first batch had been reviewed. The aforesaid judgment has also attained finality as the Apex Court did not interfere with the said finding. Still further, review petitions were filed after the Apex Court had dismissed the Special Leave Petitions and the review petitions were unnumbered and dismissed as not maintainable. 26. The contention urged by the second batch of the petitioners is that when a direction is issued to reckon seniority from the date of appointment and they were all appointed w.e.f. 15/6/2004, they should also get the very same benefit. We do not think so. By judgment dated 17/6/2009 in RP No.1099/2008, the judgment in WP(C) No.33726/05 and connected case was reviewed and their claims were rejected and the specific direction WA No.2123/19 & conn.cases -:82:- had been issued by the Division Bench to conduct fresh selection as per the earlier procedure. Therefore, the second batch could aspire for a regular appointment only after the next selection. After the judgment by the Division Bench, the Board issued Ext.P22 revoking the proceedings dated 17/9/2008 completely. In fact, what could have been done by the Board is only with reference to the 2[nd] batch who were not regularised until then and their regularization happened to be cancelled when the judgment in their favour came to be reviewed as per order in RP No. 1099/2008. 27. In the light of the aforesaid discussion, we are of the view that Ext.P22 proceedings dated 12/7/2018 by the Chief Engineer (HRM) cannot bind any of the employees who were appointed as per Exts.P3 and P4 lists and it could bind only the persons who were appointed subsequent to the said list. Consequently, the claim of the second batch that they should be regularised effective from 15/6/2004 cannot be accepted. 28. The learned Single Judge was therefore justified in arriving at a conclusion that the petitioners in WP(C) Nos. 23856/2018, 28516/2018, and 38279/2018 are entitled to WA No.2123/19 & conn.cases -:83:- succeed in so far as they were all persons who were regulairsed w.e.f. 15/6/2004 and they cannot be equated with those employees whose cases were directed to be considered afresh pursuant to the order of the Division Bench in the review petition. 29. The contention urged by learned counsel for the appellants in WA No. 2305/2019 arising from WP(C) No. 28516/2018 is that the writ petition was partly allowed, but no direction had been given to the 3[rd] respondent to promote the appellants as Assistant Engineers since juniors to the appellants had already been promoted as Assistant Engineers. We are of the view that, when it is already held that the persons who had been appointed in terms with Exts.P3 and P4 lists had been regularized w.e.f. 15/6/2004, they are entitled for promotion as well, to the next higher post depending upon their seniority taking into account the fact that they were appointed effective from 15/6/2004. In so far as such a claim was already made by such petitioners, we are of the view that they are entitled for the said relief as well. 30. In WA No. 2251/2019 appellants are the petitioners in WP(C) No. 41387/2018. Their writ petition had been dismissed. WA No.2123/19 & conn.cases -:84:- They come under the second batch and were appointed on 15/6/2004 and 1/01/2005. They were not persons who were appointed based on Exts.P3 and P4 lists (WP(C) No. 28516/2008). As already stated, such persons are covered by the order in RP Nos.902/20018 and 1099/2008. Therefore, the learned Single Judge was justified in rejecting their claim for being regularized w.e.f. 15/6/2004. 31. In WA Nos. 2220/19 and 2221/2019, petitioners had raised yet another contention. By letter dated 12/2/1999, the Board directed the Chief Engineer (HRM) to draw a fresh list of Engineering Graduates in the 10% quota and Ext.P25 is order dated 12/7/2018 in WA No.2221/2019. Except a few, others were appointed as Sub Engineers on the basis of the advise of PSC. They were also possessing B.Tech/AMIE degree in Engineering and they were entitled to apply to the post of Assistant Engineer (Electrical) in accordance with the total length of service counted from the date of acquisition of B.Tech/AMIE Degree in Engineering as laid down in Rules 10(ab) and 28(b)(1A) of the KS & SSR. Petitioners were persons who submitted their applications pursuant to circular dated 17/5/2004. They were appointed as WA No.2123/19 & conn.cases -:85:- Assistant Engineers as per Board order dated 15/6/2004. These petitioners are also persons who were similar to the petitioners in WP(C) No. 33726/2005 and therefore they come under the second batch. The contention urged by the petitioner is that the party respondents are persons whose length of service after acquisition of the Engineering degree is less than that of the appellants as on the date of occurrence of vacancy and therefore seniority has to be considered on the basis of the experience in the feeder category after acquisition of qualification. Learned counsel submits that when there are more than one feeder category and when promotion is to a particular post, the principle laid down in Note (vi) to Rule 28(b)(1)(7) of KS & SSR is to be made applicable. Therefore while making appointments to the category of Assistant Engineer in the 10% quota earmarked for in-service candidates, the Board is legally bound to follow the provisions of KS & SSR. The provisions contained in KS & SSR had been made applicable to the Board as per order dated 10/12/2002 which is produced as Annexure A1. Appellants are persons who had been reverted. It is argued that there were 99 vacancies and there was no reason to revert them. This aspect was not considered by the WA No.2123/19 & conn.cases -:86:- learned Single Judge is the contention. Learned counsel also placed reliance on the judgment of the Apex Court in _**Chandravathi P.K. v. C.K.Saji**_ [(2004) 3 SCC 734]. The question that was considered related to the Engineering Service (General Branch) Rules. As per rules, Diploma holders are entitled to claim weightage for the service rendered by them prior to the acquisition of degree qualification in the matter of promotion or transfer to higher posts when specific quota is fixed for graduate and diploma holders in the matter of promotion. It was held at paragraphs 29 to 33 as under:- _“29. Therein, the petitioner was awarded seniority in the case of graduate Assistant Executive Engineer w.e.f. 17-6-1978 i.e. with effect from the date of his appointment, as he had already acquired the qualification of degree in Engineering by that time. He was further directed to be promoted to the post of Executive Engineer treating his claim as a graduate degree-holder Assistant Executive Engineer with effect from 17-6-1978 but despite the same, he had not been granted weightage for his service as Assistant Executive Engineer before he acquired the degree qualification. The decision of the Division Bench of the Kerala High Court in T.R. Krishnan [Disposed of on 19-2-1990 (DB)] must also be considered having regard to the factual matrix obtaining therein. In the said writ petition, the writ_ WA No.2123/19 & conn.cases -:87:- _petitioners alleged mala fides against the authorities concerned which also found favour with the Bench. We have seen earlier that the Division Bench came to the conclusion that the amended rule had no application in his case as he had been treated to be a graduate degree-holder Assistant Executive Engineer with effect from 17-6-1978 and in that view of the matter, it was not necessary for the Division Bench to go into the question of validity of Rule 5._ _Interpretation of the Rules_ _30. A bare perusal of Rules 4 and 5 of the Kerala Engineering Service (General Branch) Rules would clearly go to show that the avenues for promotion for the degree-holders and the diploma-holders were separate. By reason of the amendment incorporated in the rule, promotions were sought to be given to those who, although were diploma-holders, passed the degree in Engineering or Part A and Part B of AMIE Examination by way of accelerated promotions. Only upon acquiring such a degree, the diploma-holder became eligible to exercise his option to be considered for promotion in the stream of the officers belonging to the degree-holders. As such diplomaholder officers who acquired a higher qualification during service had either to opt for promotion for the degree-holders' quota or for diploma-holders' quota. Once he opts for a promotion in the degree-holders' quota, rule of seniority would apply as he acquired the qualification therefor subsequently._ _Findings_ _31. The Full Bench of the Kerala High Court while deciding the matters which are the subject-matter of_ WA No.2123/19 & conn.cases -:88:- _Civil Appeal No. 884 of 2002, unfortunately did not address itself to the aforementioned question. If its finding to the effect that “for promotion to the post of Assistant Executive Engineer … there is no restriction imposed on the Assistant Engineers who acquired degree while they are in the feeder category for promotion as Assistant Executive Engineer” is correct, the same would make Rule 4(b) of the Kerala Public Health Engineering Service Rules otiose. The said rule has to be read in its entirety. The scheme contained therein must be given its full effect. The purport and object of such an amendment made in the year 1982 was required to be given deeper consideration. The High Court failed to notice that a conjoint reading of Rule 4 and Rule 5 clearly establishes that a diplomaholder Assistant Engineer who subsequently acquired a degree qualification would be eligible for promotion as Assistant Executive Engineer, only in the event he fulfils the conditions precedent therefor and not otherwise and in terms thereof, namely, his case could be considered only after the cases of promotion of those who had been holding such degree qualification have been considered. By reason of acquisition of higher qualification only the diploma-holders would not become entitled to be considered for promotion as they in terms of the Rules were to be regarded juniormost in the seniority list of the graduate Assistant Engineers._ _32. The Full Bench of the High Court, furthermore, unfortunately construed Rule 4 in isolation without taking into consideration the effect of Rule 5(b) in terms whereof it has clearly been laid down that the_ WA No.2123/19 & conn.cases -:89:- _vacancies in the category of Assistant Executive Engineers were to be filled up from amongst the Assistant Engineers in the ratio of 75:20:5 from amongst the degree-holders, diploma-holders and certificate-holders. There cannot be any doubt whatsoever that as separate seniority lists were being maintained in respect of the degree-holders, diplomaholders and certificate-holders, once a diploma-holder acquiring a qualification of a degree in Engineering opted for being included in the stream of the degreeholders, he would have to be placed at the bottom of the relevant seniority list._ _33. We, for the reasons aforementioned, cannot accept the views of the High Court.”_ ## Finally, it was held at paragraph 43 as under:- _**“43.** The State as an employer is entitled to fix separate quota of promotion for the degree-holders, diplomaholders and certificate-holders separately in exercise of its rule-making power under Article 309 of the Constitution of India. Such a rule is not unconstitutional. The State therefore, in our opinion, cannot be said to have acted arbitrarily by giving an option to such diploma-holders, who acquired a higher qualification, so as to enable them to either opt for promotion in the category of degree-holder or diploma-holder. Such option was to be exercised by the officer concerned only. He, in a given situation, may feel that he would be promoted in the diploma-holders' quota earlier than degree-holders' quota and vice versa but once he opts to join the stream of the degree-holders, he would be placed at the bottom of the seniority list.”_ WA No.2123/19 & conn.cases -:90:- 32. The contention of the Board was that there were only 66 vacancies in the quota set apart for in-service candidates. All other vacancies had been reported to PSC and had been filled up in accordance with law. Apparently, the appellants/petitioners are persons who were reverted in terms with the impugned order. The question is whether those persons could be reverted. If _**Chandravathi's**_ case (supra) applies to the fact situation, necessarily, the seniority among the different types of feeder category is to be considered taking into account the length of service they had after acquisition of qualification and also a separate seniority list in respect of various categories. Annexure A1 is a Board order dated 10/12/2002 wherein it is stated that the Board has decided to make applicable Kerala Service Rules and KS & SSR to the employees of the Board automatically, unless otherwise decided by the Full Board and except in cases which are governed by the Rules relating to Board (Classification, Control and appeal) Regulations, 1969, Board (Employees Disciplinary Proceedings Tribunal) Regulations, 1969, Board (Secretariat Service) Regulations, Board (Conduct of Legal Affairs) Regulations, 1968 and Board (Meetings) Regulations 1957. KS & WA No.2123/19 & conn.cases -:91:- SSR therefore applies to the Board as well. Notes VI and VII to Rule 28(b)(1) (7) of Part II KS & SSR reads as under:- _“(vi) When there are more than one feeder category carrying different scales of pay, they shall be shown in separate lists and persons in a lower scale of pay shall be appointed only after appointing all persons on a higher scale of pay, unless the Special Rules prescribe a ratio or any special order of preference for each feeder category._ _(vii) When the posts in the feeder categories are on the same scale of pay and there is no fixed ratio, appointment shall be made in accordance with their seniority in the feeder category, the seniority being determined by the date of the order of first appointment to that particular category, class or grade.”_ 33. The learned counsel appearing for the Board tried to draw a distinction in the Board order dated 10/12/2002 produced as Annexure A1. It is contended that if the Full Board takes a decision to make appointments in a particular manner, provisions of KS & SSR may not apply. But there is absolutely nothing on record to indicate that the Full Board had taken any such decision in the matter. It is also argued that the Board had prepared the seniority list among the feeder category based on the judgment of the Full Bench judgment of this court in _**K.S.Mohammed v. State of Kerala and others**_ (O.P.No.3291/1992), wherein it is held as under: WA No.2123/19 & conn.cases ## -:92:- _“According to us, in the facts of this case, the date of acquisition of the degree qualification is an irrelevant consideration for drawing up a rank list of those who are eligible for promotion to the post of Assistant Engineer in the quota set apart for in-service candidates.”_ But it is relevant to note that the Full Bench had also specifically observed at paragraph 9 that it shall be open for the Board to incorporate a provision akin to Rule 28(b)(1)(7)(vi) of KS &SSR. Relevant portion of paragraph 9 reads as under:- _“9. It is pointed out by the learned counsel appearing in this case that there may be difficulty in drawing up a common rank list for appointment to the post of Assistant Engineer in the 10% quota allotted to the inservice candidates since the different posts included in the feeder category carry different scales of pay. If there is any such difficulty, we are of the view that, it is for the Board to take a policy decision in the matter. It may be possible for the Board to bring in some provision in the nature of Rule 28(b)(1)(7)(vi) of Kerala State and Subordinate Services Rules.”_ 34. In fact, Full Bench of this Court in _**Manmadhan v.**_ _**Kerala State Electricity Board**_ [1999 (1) KLT 37(FB)], held that the service rendered by Diploma Holder Assistant Engineers before acquiring Degree qualification also should be taken into consideration for appointment as Assistant Executive Engineer. But while considering the effect of the Full Bench judgment _vis-a-_ WA No.2123/19 & conn.cases -:93:- _vis_ the law laid down by the Apex Court in _**Chandravathi's case**_ (supra), learned Single Judge of this Court in WP(C) No. 17904/2005 decided on 11/11/2010 observed that in view of the ratio decided in _**Chandravathi's case**_ (supra), the Full Bench judgment in _**Manmadhan's case**_ (supra) may not be good law. 35. Even otherwise, it is after the Full Bench judgment in _**K.S.Mohammed**_ (supra) that the Board had issued order dated 10/12/2002 applying the provisions of Kerala Service Rules and KS & SSR and their amendments to the employees of the Board. Therefore _**K.S.Mohammed's**_ case (supra) may not have any application while preparing a seniority list atleast after Board order dated 10/12/2002 and the provisions of KS & SSR has to be made applicable in the matter relating to seniority among the members of feeder category. Therefore, going by _**Chandravathi's case**_ (supra) and also on account of the specific provision under KS & SSR which is made applicable to the Board, seniority from among the feeder categories are required to be fixed based on Rule 28(b)(1)(7) (vi). 36. The appellants/petitioners in WA Nos.2220/19 and 2221/2019 are persons who were appointed on temporary basis WA No.2123/19 & conn.cases -:94:- as per Board circular dated 17/5/2004 and therefore comes under the second batch. The petitioners were reverted as per the impugned order dated 12/7/2018 of the Chief Engineer. 37. The appellants in WA Nos. 2123 and 2177/2019 are coming under the second batch. So also are the 3[rd] party appellants who had filed appeals with leave of court. WA No. 2343/19 has also been filed by a person who claims that there are several vacancies to be filled up. But according to the Board, there were only 66 vacancies and unless the petitioner is able to prove that vacancies existed prior to 31/1/2005, no direction can be issued in that regard. In the result:- (i) WA No. 2305/2019 is allowed. Petitioners shall also be entitled for promotion to the post of Assistant Executive Engineers taking into account their seniority based on their service in the cadre of Assistant Engineer w.e.f. 15/6/2004. Necessary orders shall be passed by the 3[rd] respondent within a period of 3 months from the date of receipt of a copy of this judgment. (ii) RP No.583/2018 in WA No.646/2017 is dismissed. WA No.2123/19 & conn.cases -:95:- (iii) WA Nos. 2220 & 2221/2019 are allowed setting aside the order dated 12/7/2018 (Ext.P11 in WP(C) No. 27905/2018 and Ext.P25 in WP(C) No. 38125/2018) reverting the petitioners, and the Board is directed to fix the seniority of the petitioners and others who were promoted in the 10% quota by fixing their seniority based on the length of service after acquisition of degree qualification in terms of Rule 28(b)(1)(7) Note (vi) of the KS & SSR. Necessary decision in this regard shall be taken within a period of three months from the date of receipt of a copy of the judgment. (iv) WA Nos.2123, 2177, 2178, 2239, 2240, 2241, 2251, 2273, 2276, 2278 and 2343/2019 are dismissed. ## **Sd/-** ## **A.M.SHAFFIQUE** ## **JUDGE** **Sd/-** **MARY JOSEPH** Rp **JUDGE** WA No.2123/19 & conn.cases -:96:- ## **APPENDIX OF WA 2178/2019** ## **APPELLANTS' EXHIBITS:** **ANNEXURE 1** **TRUE COPY OF THE JUDGMENT DATED 26-092016 OF THE HON'BLE COURT IN 1158/2015** WA No.2123/19 & conn.cases -:97:- ## **APPENDIX OF WA 2221/2019** ## **APPELLANTS' EXHIBITS:** **ANNEXURE A1** **TRUE COPY OF BOARD ORDER NO.B.O. (FB)NO.1664/2002 (ESTT.VII/7629/2002) DATED 10.12.2002.** WA No.2123/19 & conn.cases -:98:- ## **APPENDIX OF WA 2240/2019** ## **APPELLANTS' EXHIBITS:** **ANNEXURE A** **TRUE COPY OF THE ORDER DATED 15/6/2004 ISSUED BY THE 7TH RESPONDENT.** **ANNEXURE B** **TRUE COPY OF THE JUDGMENT DATED 26/09/2016 IN W.P (C) NO.5312/2014.** WA No.2123/19 & conn.cases -:99:- ## **APPENDIX OF WA 2241/2019** ## **APPELLANTS' EXHIBITS:** **ANNEXURE A** **TRUE COPY OF THE ORDER DATED 15/6/2004 ISSUED BY THE 18TH RESPONDENT.** **ANNEXURE B** **TRUE COPY OF THE JUDGMENT DATED 26/09/2016 IN W.P.(C) NO.5312/2014.** WA No.2123/19 & conn.cases -:100:- ## **APPENDIX OF WA 2273/2019** ## **APPELLANTS' EXHIBITS:** **ANNEXURE A TRUE COPY OF THE ORDER DATED 15/6/2004 ISSUED BY THE 4TH RESPONDENT ANNEXURE B TRUE COPY OF THE JUDGMENT DATED 26/09/2016 IN W.P(C) NO 5312/2014** WA No.2123/19 & conn.cases -:101:- ## **APPENDIX OF WA 2276/2019** ||**APPENDIX OF WA 2276/2019**| |---|---| |**APPELLANTS'**<br>|**EXHIBITS:**| |**ANNEXURE I**|**TRUE COPY OF THE JUDGMENT DATED**| ||**26/09/2016 IN WPC NO.5312/2014.**| |**ANNEXURE II**|**TRUE COPY OF THE ORDER DATED 30/11/2007**| ||**OF THIS HON'BLE COURT IN IA**| ||**NO.15546/2007 IN WPC NO.33726/2005.**| |**ANNEXURE III**|**TRUE COPY OF THE ORDERS DATED**| ||**30/11/2007 OF THIS HON'BLE COURT IN IA**| ||**NO.15586/2007 IN WPC NO.33749/2005.**| |**ANNEXURE IV**|**TRUE COPY OF THE REPLY AFFIDAVIT, FILED**| ||**BY THE WRIT PETITIONERS 1 TO 10, 12 AND**| ||**13 HEREIN, IN WPC NO. 5312/2014.**| WA No.2123/19 & conn.cases -:102:- ## **APPENDIX OF WA 2278/2019** **APPELLANTS' EXHIBITS:** **ANNEXURE A TRUE COPY OF THE ORDER DATED 15/06/2004 ISSUED BY THE 17TH RESPONDENT. ANNEXURE B TRUE COPY OF THE JUDGMENT DATED 26/09/2016 IN WPC NO.5312/2014.** WA No.2123/19 & conn.cases -:103:- ## **APPENDIX OF WA 2305/2019** ## **APPELLANTS' EXHIBITS:** **ANNEXURE I** **TRUE COPY OF THE JUDGMENT DATED 26.09.2016 IN W.P(C)NO.5312/2014** ## **ANNEXURE II** **TRUE COPY OF THE JUDGMENT DATED 25.01.2017 IN W.A.NO.1605/2015.** True Copy PS to Judge Rp