High Court of KeralaSingle Judge2019-09-02Final decision allowed the petitions of the Jun...

W.P.(C). Nos. 25345/2018 & connected cases; along with WP(C).No.28516/2018, WP(C).No.1158/2015, WP(C).No.23829/2018, WP(C).No.23856/2018, WP(C).No.23939/2018, WP(C).No.24379/2018, WP(C).No.27905/2018, WP(C).No.29435/2018, WP(C).No.38125/2018, WP(C).No.38279/2018, WP(C).No.41387/2018, WP(C).No.5160/2019

Case / Petition Number:W.P.(C).Nos.25345/2018 & con.cases; WP(C).No.28516/2018; WP(C).No.1158/2015; WP(C).No.23829/2018; WP(C).No.23856/2018; WP(C).No.23939/2018; WP(C).No.24379/2018; WP(C).No.27905/2018; WP(C).No.29435/2018; WP(C).No.38125/2018; WP(C).No.38279/2018; WP(C).No.41387/2018; WP(C).No.5160/2019

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Anu Sivaraman
Judgment Date: 2019-09-02
Court Decision / Holding: The impugned orders are set aside. The Board is directed to retain petitioners who were included in the June 2002 select list as Assistant Engineer (Electrical) and grant them seniority from 15.06.2004. The Board shall undertake a fresh exercise for residual vacancies and prepare a list without affecting the regularisation or seniority of those who succeeded in the 2002 selection, following binding precedents. W.P.(C).23856/18, 28516/18 and 41387/2018 are allowed.
Final Disposition: Final decision allowed the petitions of the June 2002 select-list beneficiaries, set aside the impugned reversions, and directed KSEB to retain those petitioners with seniority from 15.06.2004. It requires a fresh exercise for residual vacancies and to follow binding precedents in preparing the updated seniority list, without affecting those already regularised from 2002. The judgment also clarifies that the later regularisation attempts for others must be done in conformity with law and prior judgments.

Parties to the Case

Appellants / Petitioners

Multiple petitioners including Ajith Kumar M.T; Muraleedharan N; Ampily M; Rema T; Ibrahim C; Balachandran P; Ramesh J; Saju S; Swapna S; Ajirajan C; Satheesh Kumar N; Sheeja S; Girish M; Haridasan V.K.; Sree? and others from connected WP(C) Nos.

Respondents

KERALA STATE ELECTRICITY BOARD LTD (Secretary, Vaidyuthi Bhavanam, Pattom, Trivandrum)
The Chairman and Managing Director, KSEB Ltd, Vaidyuthi Bhavan, Pattom
The Chief Engineer (HRM), KSEB Ltd, Vaidyuthi Bhavan, Pattom

Case Synopsis & Summary

This batch judgment consolidates several writ petitions challenging KERALA STATE ELECTRICITY BOARD LTD’s (KSEB) policy for regularisation of 10% quota appointments for in-service degree holders and addresses the fate of petitioners included in the June 2002 select lists, who were regularised w.e.f. 15.06.2004 and the seniority consequences flowing therefrom. The court examines whether later exercise to regularise other groups or reassign dates of appointment adversely affected the 2002 select-list beneficiaries and whether fresh selection was required for residual vacancies. It holds that those in the June 2002 list and who were regularised from 15.06.2004 are entitled to retention in the post of Assistant Engineer (Electrical) and seniority from 15.06.2004, and that the impugned reversions or adjustments for these petitioners must be set aside. The Board is directed to retain the 2002-listed petitioners and to compute seniority accordingly, while conducting a fresh exercise for residual vacancies consistent with binding judgments. The judgment also clarifies principles on seniority, regularisation, and merger/fraud doctrines, citing multiple earlier Supreme Court and High Court decisions. The decision rests on the consistent application of KS&SSR rules and prior binding orders, marking a decisive resolution in favour of the petitioners in the 2002 cohort while limiting cascading effects for others.

Provisions of Law Cited

Kerala State and Subordinate Services Rules (KS&SSR) Part II, Rule 28(b)(1)(7) and Note to Rule 28(b)(1)KS&SSR Part II Rule 10(ab)Notes VI and VII to Rule 28(b)(1)G.O.(MS) No. 13/90/FD (dated 21-03-1990)G.O.(MS) No. 2/05/PD (dated 01-02-2005)

Legal Doctrines & Maxims

Doctrine of merger
Fraud by suppression
Seniority by length of service (Direct Recruit Class II Engineering Officers Association v. State of Maharashtra, 1990)
Principle that regularisation is tied to earlier valid select lists (W.P.(C).22628/2003; WA 2564/2005)
Binding effect of earlier judgments / res judicata considerations (Kenton Leisure Services Pvt. Ltd. v. State of Kerala, 2017)
Chandavathi P.K. v. C.K. Saji (SCC) on incumbency and seniority

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that those included in the June 2002 select lists and regularised from 15.06.2004 must be retained in service with seniority fixed from 15.06.2004, and that the 2002 regularisation should not be overridden by later fresh exercises or reversions. They urged adherence to binding judgments and KS&SSR norms, and contended that those previously regularised should not suffer due to subsequent vacancy filling orders.

Contentions of Respondents

The Board contended that regularisation could be limited to the June 2002 select list and that later vacancies after 2002 were to be filled through fresh procedures; they argued that reversion orders and new seniority determinations were warranted for those not in the 2002 list, invoking the need to follow statutory rules and the Court’s prior directives in R.P. Nos. 902/2008 and related matters.

Cited Precedents (12)

Case Name	Citation	Treatment	Explanation
A.V. Papayya Sastry v. Government of Andhra Pradesh	(2007) 4 SCC 221	Positive	Cited to support the principle that regularisation/retrospective relief must be grounded in established constitutional/constitutional-administrative principles.
Ram Chandra Singh v. Savitri Devi	(2003) 8 SCC 319	Positive	Used to illustrate the impact of fraud and misrepresentation on orders and the need for fair remedy.
Direct Recruit Class II Engineering Officers Association v. State of Maharashtra	(1990) 2 SCC 715	Positive	Cited in context of seniority and entitlement principles for open cadre vacancies.
Chandavathi P.K. v. C.K. Saji and others	(2004) 3 SCC 734	Mentioned Only	Referenced for context on incumbency and seniority rules; not central to the decision.
Abin Suraj v. Joseph	(2011) 3 KLT 488	Mentioned Only	Cited in discussion of procedural and seniority norms; not a direct holding.
Kenton Leisure Services Pvt. Ltd. v State of Kerala	(2017) (1) KLT 671	Positive	Used to discuss the propriety of re-opening earlier verdicts and the merger doctrine.
W.P.(C).22628/2003	[as cited within judgment]	Positive	Foundation for regularisation and seniority determination in 2004 for 2002 select-list beneficiaries.
W.A.2564/2005	—	Positive	Affirms the regularisation and seniority framework established in 22628/2003.
W.P.(C).33726/2005 and W.P.(C).33749/2005	—	Mentioned Only	Background for the remand/fresh selection exercise in earlier reviews.
W.P.(C).15208/2011	—	Mentioned Only	Exhibits the seniority and regularisation paradigms considered in prior judgments.
W.P.(C).5312/2014	—	Mentioned Only	Part of the corpus of decisions guiding seniority and regularisation.
R.P.902/2008	—	Partly Overruled / Limited	Directed fresh selection for residual vacancies; the present judgment confines its application to those outside the 2002 select-list beneficiaries.

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Extracted Judgment Text

Exact text extracted from official judgment records.

W.P.(C).Nos.25345/2018 & con.cases 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 02ND DAY OF SEPTEMBER 2019 / 11TH BHADRA, 1941** ## **WP(C).No.28516 OF 2018(L)** ## **PETITIONERS:** |**1**|**AJITH KUMAR M.T**| |---|---| ||**AGED 50 YEARS**| ||**ASSISTANT ENGINEER(ELECTRICAL), 220KV SUB**| ||**STATION, KERALA STATE ELECTRICITY BOARD LTD,**| ||**PALLOM, KOTTAYAM DISTRICT**| |**2**|**MURALEEDHARAN N,**| ||**ASSISTANT ENGINEER(ELECTRICAL),**| ||**KERALA STATE ELECTRICITY BOARD LTD, GENERATION**| ||**CIRCLE, KOTHAMANGALAM, ERNAKULAM DISTRICT.**| |**3**|**AMPILY M,**| ||**ASSISTANT ENGINEER(ELECTRICAL),**| ||**KERALA STATE ELECTRICITY BOARD LTD, 110 KV SUB**| ||**STATION,CHAVARA,KOLLAM DISTRICT.**| |**4**|**REMA T,**| ||**ASSISTANT ENGINEER(ELECTRICAL),**| ||**KERALA STATE ELECTRICITY BOARD LTD,ELECTRICAL**| ||**DIVISION, PATHANAMTHITTA**| |**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,110 KV SUB**| ||**STATION, PONNANI, MALAPPURAM DISTRICT.**| W.P.(C).Nos.25345/2018 & con.cases 2 - **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.** - **13 GIRISH M, ASSISTANT ENGINEER(ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD,110 KV SUB STATION, EDATHUA, ALAPPUZHA DISTRICT.** **BY ADVS. SRI.P.MOHANDAS (ERNAKULAM) SRI.S.VIBHEESHANAN SRI.K.SUDHINKUMAR SRI.S.K.ADHITHYAN SRI.MUHAMMED IBRAHIM ABDUL SAMAD SRI.SABU PULLAN** W.P.(C).Nos.25345/2018 & con.cases 3 ## **RESPONDENTS:** - **1 KERALA STATE ELECTRICITY BOARD LTD KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN PATTOM, THIRUVANANTHAPURAM** - **2 THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ELECTRICITY BOARD LTD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 695004** - **3 THE CHIEF ENGINEER(H.R.M) KERALA STATE ELECTRICITY BOARD LTD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 695004** - **R1-3 BY SMT.ANEETHA A.G., SC, KERALA STATE ELECTRICITY BOARD LIMITED R1-3 BY ADV. SRI.RAJU JOSEPH (SR.) R1-3 BY ADV. SRI.C.JOSEPH ANTONY** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-06-2019, ALONG WITH WP(C).1158/2015(T) AND CONNECTED CASES, THE COURT ON 2-09-2019 DELIVERED THE FOLLOWING:** W.P.(C).Nos.25345/2018 & con.cases 4 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **MONDAY, THE 02ND DAY OF SEPTEMBER 2019 / 11TH BHADRA, 1941** ## **WP(C).No.1158 OF 2015** ## **PETITIONERS:** - **1 REMA T. AGED 39 YEARS** **ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD ELECTRICAL SECTION, PANDALAM, PATHANAMTHITTA DISTRICT** - **2 SWAPNA S.** **ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, 66KV SUB STATION, CHANGANACHERRY, KOTTAYAM DISTRICT** - **3 AMPILY M.** **ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, PROJECT MANAGER'S OFFICE, 110KV SUB STATION COMPOUND PUNNAPRA, ALAPPUZHA DISTRICT.** - **4 SATHEESH KUMAR N. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD ELECTRICAL SECTION, SASTHAMCOTTA, KOLLAM DISTRICT.** - **5 SASI K.N. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD ELECTRICAL SECTION, KURUPPUMPADI, ERNAKULAM DISTRICT** - **6 DEVASSY K.O. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD 110KV SUB STATION, KOZHINJAMPARA, PALAKKAD DISTRICT** W.P.(C).Nos.25345/2018 & con.cases 5 - **7 SHEEJA S. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD 66KV SUB STATION, KARUNAGAPPALLY, KOLLAM DISTRICT** - **8 IBRAHIM C. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD TRANSMISSION CONSTRUCTION SECTION, RAMAPURAM, PALACHODU PO, MALAPPURAM DISTRICT** - **9 BALACHANDRAN P. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD 110KV SUB STATION, KOTTIYAM, KOLLAM DISTRICT** - **10 RAMESH J. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD KHEP GENERATION SUB DIVISION, THENMALA, KOLLAM DISTRICT** - **11 SAJU S. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD PALLICKAL, THIRUVANANTHAPURAM DISTRICT** - **12 AJITHKUMAR M.T. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD KURUVILANGAD, KOTTAYAM DISTRICT.** - **13 MURALEEDHARAN N. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD EDAMALAYAR POWER HOUSE, ERNAKULAM DISTRICT** - **14 AJIRAJAN C. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD 220KV SUB STATION, SHORANUR, PALAKKAD DISTRICT** - **15 GIRISH M. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD 110KV SUB STATION, EDATHUA, ALAPPUZHA DISTRICT** W.P.(C).Nos.25345/2018 & con.cases 6 **16 HARIDASAN V.K. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD ELECTRICAL SECTION, ATHANI, ERNAKULAM DISTRICT.** **BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.ANOOP.V.NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.N.MANU THAMPI SRI.S.VIBHEESHANAN** ## **RESPONDENTS:** **1 KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM THIRUVANANTHAPURAM - 695 004 2 THE CHIEF ENGINEER H.R.M KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM THIRUVANANTHAPURAM - 695 004.** **ADDL.R3M.MUHAMMED RAFI AGED 44 YEARS S/O.MUSTAFA, ASSISTANT ENGINEER, 66 KV SUB STATION, VELY, THIRUVANANTHAPURAM. ADDL.R3 IS IMPLEADEDAS PER ORDER DTD 10.3.16 IN IA 3163/16** **R1 BY SRI.K.S.ANIL, SC, KSEB R1 BY ADV. SRI.JELSON J.EDAMPADAM R1 BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR R1-2 BY ADV. SRI.RAJU JOSEPH (SR.) R1-2 BY ADV. SRI.C.JOSEPH ANTONY** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-06-2019, ALONG WITH WP(C).28516/2018 AND CONNECTED CASES, THE COURT ON 2-09-2019 DELIVERED THE FOLLOWING:** W.P.(C).Nos.25345/2018 & con.cases 7 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **MONDAY, THE 02ND DAY OF SEPTEMBER 2019 / 11TH BHADRA, 1941** ## **WP(C).No.23829 OF 2018** ## **PETITIONERS:** |**1**|**SAJU R.L.**| |---|---| ||**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.**| |**6**|**WILLIAM VINAYAN RAJ**| ||**ASSISTANT ENGINEER, 110 KV SUB**| ||**STATION,GURUVAYOOR, THRISSUR - 680 656.**| |**7**|**AGNES GRORGE**| ||**ASSISTANT ENGINEER, 110 KV SUB STATION,PULAZHI,**| ||**THRISSUR - 680 655.**| W.P.(C).Nos.25345/2018 & con.cases 8 - **8 LISSY.K.V. ASSISTANT ENGINEER, 110 KV SUB STATION,KANDASANKADAVU, THRISSUR - 680 613.** - **9 SHIMLA.A.K. ASSISTANT ENGINEER, 66 KV SUB STATION,KODUNAGLLUR - 680 664.** - **10 PARTHA RADHA K.S. ASSISTANT ENGINEER, ELECTRICAL SECTION,CHENGANNOOR, ALAPPUZHA - 689 121.** - **11 JAYASREE B.K. ASSISTANT ENGINEER, TRANSMISSION DIVISION,KUNDARA, KOLLAM - 691 501.** - **12 SARVADHAMAN M.K. ASSISTANT ENGINEER, 110 KV SUB STATION,KUNNAMANGALAM, KOZHIKODE - 673 570.** - **13 AJAYAKUMAR VINCENT ASSISTANT ENGINEER, KDPP, NALLALAM,KOZHIKODE - 673 027.** - **14 RAJEEV.R. ASSISTANT ENGINEER (ELECTRICAL),66 KV GIS SUB STATION, FORT KOCHI,ERNAKULAM - 682 001.** - **15 JAYADEVAN O.S. ASSISTANT ENGINEER, ELECTRICAL SECTION,NADATHARA, EAST DIVISION,THRISSUR - 680 001.** - **16 BINU M.THANKACHAN ASSISTANT ENGINEER, GENERATION CIRCLE,MOOZHIYAR, PATHANAMTHITTA DIST.** - **17 RAHIYAMATHU BEEVI A. ASSISTANT ENGINEER,ELECTRICAL DIVISION,KOTTARAKKARA.** W.P.(C).Nos.25345/2018 & con.cases 9 - **18 SWAPNA.P.M. ASSISTANT ENGINEER, T.C.SECTION, NEW MOOVATTUPUZHA - 686 661.** - **19 SHANY VARGHESE ASSISTANT ENGINEER,110 KV SUB STATION,UDUMPANNOOR, IDUKKI DIST. - 685 581.** - **20 HARIKRISHNA PILLAI.C.R. ASSISTANT ENGINEER (ELECTRICAL),SHOLAYAR POWER HOUSE,GENERAL SUB DIVISION, PERINGALKUTHU P.O.,SHOLAYAR, THRISSUR - 680 721.** **BY ADVS. SRI.PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM SMT.A.MEGHA** ## **RESPONDENTS:** - **1 KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY,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 PRAKASAN.N.K. ASSISTANT ENGINEER,KOZHIKODE DIESEL POWER PLANT,KDPP, KOZHIKODE - 673 108.** - **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.** W.P.(C).Nos.25345/2018 & con.cases 10 - **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,POOVANTHURUTHU - 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,POTHENCODE,THIRUVANANTHAPURAM - 695 032.** - **16 SABITHA.K.** **ASSISTANT ENGINEER,110 KV SUB STATION,PANUR, THALASSERI - 670 235.** W.P.(C).Nos.25345/2018 & con.cases 11 - **17 FRINI.T.F. ASSISTANT ENGINEER,GENERATING STATION,PERINGALKUTHU, THRISSUR - 680 587.** - **18 JAGADEESAN.C.** **ASSISTANT ENGINEER,ELECTRICAL SECTION,KANNUR - 670 002.** - **19 ADDL.R19 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 SUBSTATION, KANAKAPPALAM, KOTTAYAM DISTRICT686509, RESIDING AT NIVARATHIL HOUSE, KARIKKATTOOR CENTRE P.O., KOTTAYAM DISTRICT.** - **20 ADDL.R20 ALIAS P THARIAN AGED 55 YEARS** **S/O THARIAN V, ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, PET SUB DIVISION, HMT COLONY P.O., KALAMASSERY-683503, RESIDING AT PARAVATTIL HOUSE, MEKKAD P.O., KUNJUKULAM ROAD, ERNAKULAM-683589.** - **21 ADDL.R21 MANOJ R AGED 51 YEARS** **S/O RAGHAVAN A.S, ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED,TC SECTION, MUTTOM, THODUPUZHA, IDUKKI DISTRICT-685587, RESIDING AT EDAPPATTU HOUSE, KADACKANAD P.O., KOLENCHERY, ERNAKULAM-682311.** - **22 ADDL.R22 SHAJU M.V AGED 48 YEARS** **S/O M.A VARGHESE, ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED,220KV SUB STATION, KALLIPADAM PO, SHORANUR, PALAKKAD679122, RESIDING AT MUKRAPPILLY HOUSE, P.O KORATTY (SOUTH), THRISSUR DISTRICT-680308. (ADDL.R19 TO R22 IMPLEADED AS PER ORDER DATED 24/10/2018 IN IA.01/2018)** W.P.(C).Nos.25345/2018 & con.cases 12 **23 ADDL.R23 PREMAKUMARAN.K ASSISTANT ENGINEER, ELECTRICAL DIVISION, K.S.E.B LTD, SHORANUR, AISWARYA, PEROOR, PO, PATHIRIPPALA, PALAKKAD DISTRICT, PIN-679301. (ADDL.R23 IS IMPLEADED AS PER THE ORDER DATED 03/12/2018 IN IA.NO.04/2018)** **R1-2 BY ADV. SRI.RAJU JOSEPH (SR.) R1-2 BY ADV. SRI.C.JOSEPH ANTONY R4 BY ADV. SRI.G.HARIKUMAR (GOPINATHAN NAIR) R8 BY ADV. VISHNU S.CHEMPAZHANTHIYIL R15 BY ADV. SRI.S.VISHNU R19 BY ADV. K.M.SATHYANATHA MENON, KAVERY. S.THAMPI, ARUNKUMAR.P R20-22 BY ADV. K.M.SATHYANATHA MENON, KAVERY .S. THAMPI, ARUNKUMAR.P R23 BY ADV. S.P.ARAVINDAKSHAN PILLAY R23 BY ADV. SMT.N.SANTHA R23 BY ADV. SRI.V.VARGHESE 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 PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-06-2019, ALONG WITH WP(C).28516/2018 AND CONNECTED CASES, THE COURT ON 2-09-2019 DELIVERED THE FOLLOWING:** W.P.(C).Nos.25345/2018 & con.cases 13 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 02ND DAY OF SEPTEMBER 2019 / 11TH BHADRA, 1941** ## **WP(C).No.23856 OF 2018** ## **PETITIONERS:** **1 SWAPNA.S ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., 66 KV SUB STATION,CHANGANACHERRY, KOTTAYAM DISTRICT. 2 SATHEESH KUMAR N ASSISTANT ENGINEER (ELECTRICAL),ELECTRICAL SECTION, SASTHAMCOTTA, KOLLAM DISTRICT. 3 SHEEJA S ASSISTANT ENGINEER (ELECTRICAL),KERALA STATE ELECTRICITY BOARD LTD.,GENERATION SUB DIVISION, KALLARKUTTY, IDUKKI DISTRICT. 4 GIRISH M ASSISTANT ENGINEER (ELECTRICAL),KERALA STATE ELECTRICAL BOARD LTD., 110 KV SUB STATION, EDATHUA,ALAPPUZHA DISTRICT.** **BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.S.K.ADHITHYAN SRI.MUHAMMED IBRAHIM ABDUL SAMAD SRI.SABU PULLAN SRI.K.SUDHINKUMAR SRI.S.VIBHEESHANAN** W.P.(C).Nos.25345/2018 & con.cases 14 ## **RESPONDENTS:** - **1 KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN,PATTOM, THIRUVANANTHAPURAM -695004.** - **2 THE CHAIRMAN AND MANAGING DIRECTOR KERALA STATE ELECTRICITY BOARD LTD,VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004.** - **3 THE CHIEF ENGINEER H.R.M. KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004.** - **R1 BY ADV. SRI.RAJU JOSEPH (SR.) R1-3 BY SRI.GEORGEKUTTY MATHEW, SC, KSEB R2-3 BY ADV. RAJU JOSEPH (SR.)** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-06-2019, ALONG WITH WP(C).28516/2018 AND CONNECTED CASES, THE COURT ON 2-09-2019 DELIVERED THE FOLLOWING:** W.P.(C).Nos.25345/2018 & con.cases 15 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **MONDAY, THE 02ND DAY OF SEPTEMBER 2019 / 11TH BHADRA, 1941** ## **WP(C).No.23939 OF 2018** ## **PETITIONERS:** ## **RADHAKRISHNAN C.G.** **ASSISTANT ENGINEER (ELECTRICAL),EQUIPMENT MONITORING SUB DIVISION,KERALA STATE ELECTRICITY BOARD LTD.,MOOLAMATTOM, IDUKKI - 685 589.** **BY ADVS. SRI.KALEESWARAM RAJ KUM.A.ARUNA SMT.RIYA RAYMOL IYPE KUM.THULASI K. RAJ SRI.VARUN C.VIJAY** ## **RESPONDENTS:** **1 KERALA STATE ELECTRICITY BOARD LTD. REPRESENTED BY CHAIRMAN & MANAGING DIRECTOR,KERALA STATE ELECTRICITY BOARD,VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM - 695 001. 2 THE CHAIRMAN MANAGING DIRECTOR KERALA STATE ELECTRICITY BOARD LTD.,VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM - 695 001. 3 THE CHIEF ENGINEER HRM KERALA STATE ELECTRICITY BOARD LTD.,VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM - 695 001.** W.P.(C).Nos.25345/2018 & con.cases 16 **4 THE CHIEF ENGINEER GENERATION KERALA STATE ELECTRICITY BOARD LTD.,MOOLAMATTOM, IDUKKI - 685 589.** **R1-4 BY ADV. SRI.RAJU JOSEPH (SR.) R1-4 BY ADV. SRI.C.JOSEPH ANTONY** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-06-2019, ALONG WITH WP(C).28516/2018 AND CONNECTED CASES, THE COURT ON 2-09-2019 DELIVERED THE FOLLOWING:** W.P.(C).Nos.25345/2018 & con.cases 17 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **MONDAY, THE 02ND DAY OF SEPTEMBER 2019 / 11TH BHADRA, 1941** ## **WP(C).No.24379 OF 2018** ## **PETITIONERS:** **ASHA THOMAS AGED 47 YEARS ASSISTANT ENGINEER (ELECTRICAL) 66 KV SUB STATION, KERALA STATE ELECTRICITY BOARD LTD, EDATHALA, ALUVA, ERNAKULAM 683 112.** **BY ADVS. SRI.VARUN C.VIJAY KUM.A.ARUNA SMT.K.C.AISHWARYA SRI.KALEESWARAM RAJ SMT.RIYA RAYMOL IYPE SMT.NITHYA SUGUNAN** ## **RESPONDENTS:** |**1**|**KERALA STATE ELECTRICITY BOARD LTD.**| |---|---| ||**REPRESENTED BY CHAIRMAN & MANAGING DIRECTOR,**| ||**KERALA STATE ELECTRICITY BOARD LTD, VAIDYUTHI**| ||**BHAVAN, THIRUVANANTHAPURAM 695 001.**| |**2**|**THE CHAIRMAN MANAGING DIRECTOR**| ||**KERALA STATE ELECTRICITY BOARD LTD, VAIDYUTHI**| ||**BHAVAN, THIRUVANANTHAPURAM 695 001.**| |**3**|**THE CHIEF ENGINEER HRM**| ||**KERALA STATE ELECTRICITY BOARD LTD, VAIDYUTHI**| ||**BHAVAN, THIRUVANANTHAPURAM 695 001.**| W.P.(C).Nos.25345/2018 & con.cases 18 - **4 DEPUTY CHIEF ENGINEER TRANSMISSION CIRCLE, KERALA STATE ELECTRICITY BOARD LTD, KALAMASSERY 683 104.** - **5 ADDL.R5 ABDUNASIR T ASSISTANT ENGINEER, KSEB ELECTRICAL SECTION, KADALUNDI-673302.** - **6 ADDL.R6 AJAYAKUMAR VP ASSISTANT ENGINEER, SCADA AND RMU MAINTENANCE SECTION, KSEB.** - **7 ADDL.R7 AJITH T ASSISTANT ENGINEER, KSEB ELECTRICAL SECTION, KUNNAMANGALAM-680503.** - **8 ADDL.R8 AJITHKUMAR M T ASSISTANT ENGINEER, KSEB 220 KV SUBSTATION, PALLOM-686007.** - **9 ADDL.R9 ALIAS P THARIAN ASSISTANT ENGINEER, KSEB PET SUB DIVISION, KALAMASSERY-683503.** - **10 ADDL.R10 ANILKUMAR B S ASSISTANT ENGINEER, KSEB ELECTRICAL SECTION, AMBOORI-695505.** - **11 ADDL.R11 ANIL S ASSISTANT ENGINEER, KSEB PEPPARA GENERATION SECTION-695551.** - **12 ADDL.R12 ANILKUMAR P** - **ASSISTANT ENGINEER, KSEB ELECTRICAL SECTION, KOTTAKKAL-676503.** - **13 ADDL.R13 BENNY PAUL ASSISTANT ENGINEER, KSEB ELECTRICAL DIVISION, PERUMBAVOOR-683454.** - **14 ADDL.R14 DILIP P** **ASSISTANT ENGINEER, KSEB 11O KV SUBSTATION, TERLS-695022.** W.P.(C).Nos.25345/2018 & con.cases 19 - **15 ADDL.R15 FRINI T F ASSISTANT ENGINEER, KSEB GENERATION DIVISION, PRINGALKUITTHU-680721.** - **16 ADDL.R16 HARIDASAN P K ASSISTANT ENGINEER, KSEB 110 KV SUBSTATION, KOYILANDY-673305.** - **17 ADDL.R17 JAGADEESAN C ASSISTANT ENGINEER, KSEB ELECTRICAL SECTION, KANNUR-670001.** - **18 ADDL.R18 JESSY MATHEW ASSISTANT ENGINEER, KSEB ELECTRICAL DIVISION, KARUNAGAPALLYU-690518.** - **19 ADDL.R19 JINAN MP ASSISTANT ENGINEER, KSEB GENERATION SUB DIVISION, PANNIYAR-685563.** - **20 ADDL.R20 KURIAN K KOSHY ASSISTANT ENGINEER, KSEB ELECTRICAL SECTION, EAST KALLADA-691502.** - **21 ADDL.R21 MANOJ R ASSISTANT ENGINEER, KSEB ELECTRICAL SECTION, NEENDOOR-686601.** - **22 ADDL.R22 MANOJ T V ASSISTANT ENGINEER, TRANSMISSION CONSTRUCTION SUB DIVISION, KSEB.** - **23 ADDL.R23 MANOJ MATHEW ASSISTANT ENGINEER, KSEB ELECTRICAL SECTION, KADAPRA-689621.** - **24 ADDL.R24 MUHAMMED RAFI M ASSISTANT ENGINEER, KSEB ELECTRICAL SECTION, POOJAPPURA-695102.** - **25 ADDL.R25 PAPPACHAN C U ASSISTANT ENGINEER, KSEB TRANSMISSION STORE, ANGAMALY.** W.P.(C).Nos.25345/2018 & con.cases 20 - **26 ADDL.R26 PRAKASAN N K ASSISTANT ENGINEER, KSEB KOZHIKODE DIESEL POWER PROJECT-673028.** - **27 ADDL.R27 PRAKASH R ASSISTANT ENGINEER, KSEB GENERATION SUB DIVISION, VELLATHOOVAL-685563.** - **28 ADDL.R28 PRASAD N S ASSISTANT ENGINEER, KSEB TC SECTION, ERUMELY686509.** - **29 ADDL.R29 PRATHAPAN MP ASSISTANT ENGINEER, KSEB ELECTRICAL SECTION, PANMANA-691583.** - **30 ADDL.R30 PRAVEEN K ASSISTANT ENGINEER, KSEB TRANSMISSION DIVISION, TIRUR-676101.** - **31 ADDL.R31 PONNEN ITTY ASSISTANT ENGINEER, KSEB TC SECTION, POOVANTHURUTHU LNE.** - **32 ADDL.R32 SABITHA K ASSISTANT ENGINEER, KSEB 110 KV SUBSTATION, PANOOR-670692.** - **33 ADDL.R33 SAILAJITH LAL L ASSISTANT ENGINEER, KSEB 220 KV SUBSTATION, MALAPARAMBA, KOZHIKODE.** - **34 ADDL.R34 SANTHOSH BABU ASSISTANT ENGINEER, KSEB 110 KV SUBSTATION, PERINAD-691601.** - **35 ADDL.R35 SHAJU MV ASSISTANT ENGINEER, KSEB ELECTRICAL SECTION, MELOOR-680311.** - **36 ADDL.R36 SREEKALA O P ASSISTANT ENGINEER, KSEB ELECTRICAL SECTION, KUILATHUR-695583.** W.P.(C).Nos.25345/2018 & con.cases 21 **37 ADDL.R37 SUDHEER M V ASSISTANT ENGINEER, KSEB ELECTRICAL SECTION, AMMADAM-680563. 38 ADDL.R38 SURENDRAN R ASSISTANT ENGINEER, KSEB 220 KV SUBSTATION, MYLATTY-671319. (ADDL.R5 TO R38 ARE IMPLEADED AS PER ORDER DATED 05/02/2019 IN IA.NO.02/2019)** **R1-4 BY ADV. SRI.RAJU JOSEPH (SR.) R1-4 BY ADV. SRI.C.JOSEPH ANTONY** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-06-2019, ALONG WITH WP(C).28516/2018 AND CONNECTED CASES, THE COURT ON 2-09-2019 DELIVERED THE FOLLOWING:** W.P.(C).Nos.25345/2018 & con.cases 22 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **MONDAY, THE 02ND DAY OF SEPTEMBER 2019 / 11TH BHADRA, 1941** ## **WP(C).No.25345 OF 2018** ## **PETITIONER:** **BIJU R.MOYALAN AGED 49 YEARS ASSISTANT ENGINEER (ELECTRICAL),POWER EQUIPMENT TESTING (PET) SUB DIVISION,KERTALA STATE ELECTRICITY BOARD LTD.,MADAKKATHARA, THRISSUR - 680 651.** **BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SRI.S.A.ANAND SMT.L.ANNAPOORNA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SMT.K.N.REMYA SMT.N.SANTHA SRI.V.VARGHESE** ## **RESPONDENTS:** **1 KERALA STATE ELECTRICITY BOARD LTD. REPRESENTED BY ITS SECRETARY,VAIDHYUTHI BHAVANAM, PATTOM,THIRUVANANTHAPURAM - 695 004. 2 CHAIRMAN AND MANAGING DIRECTOR KERALA STATE ELECTRICITY BOARD LTD.,VAIDHYUTHI BHAVANAM, PATTOM,THIRUVANANTHAPURAM - 695 004.** W.P.(C).Nos.25345/2018 & con.cases 23 **3 THE CHIEF ENGINEER HRM KERALA STATE ELECTRICITY BOARD LTD.,VAIDHYUTHI BHAVANAM, PATTOM,THIRUVANANTHAPURAM - 695 004.** **R1 BY ADV. C.JOSEPH ANTONY** **R1-3 BY ADV. SHRI. JOHN MANJOORAN R2-3 BY ADV. SRI.C.JOSEPH ANTONY** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-06-2019, ALONG WITH WP(C).28516/2018 AND CONNECTED CASES, THE COURT ON 2-09-2019 DELIVERED THE FOLLOWING:** W.P.(C).Nos.25345/2018 & con.cases 24 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 02ND DAY OF SEPTEMBER 2019 / 11TH BHADRA, 1941** ## **WP(C).No.27905 OF 2018(K)** ## **PETITIONERS:** |**1**|**SIVAKUMAR R**| |---|---| ||**AGED 47 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- 670101.**| |**3**|**SHARAF.B.,**| ||**ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE**| ||**ELECTRICITY BOARD LIMITED, ELECTRICAL SECTION,**| ||**NEENDOOR, KOTTAYAM- 686601.**| ||**BY ADVS.**| ||**ANANTHAKRISHNAN S.**| ||**SRI.N.KRISHNA PRASAD**| ## **RESPONDENTS:** |**1**|**KERALA STATE ELECTRICITY BOARD LIMITED**| |---|---| ||**REPRESENTED BY ITS SECRETARY, VYDHUTHI**| ||**BHAVANAM, PATTOM POST,**| ||**THIRUVANANTHAPURAM-695 004.**| W.P.(C).Nos.25345/2018 & con.cases 25 - **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- 680503.** - **5 ANILKUMAR.P., ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, KOTTAKKAL- 676503.** - **6 BENNY PAUL, ASSISTANT ENGINEER, KSEBL, ELECTRICAL DIVISION, PERUMBAVOOR- 683542.** - **7 DILIP.P., ASSISTANT ENGINEER, KSEBL, 110 KV SUBSTATION, TERLS, TRIVANDRUM- 695022.** - **8 FRINI.T.F., ASSISTANT ENGINEER, KSEBL, GENERATION DIVISION, PORINGALKUTHU-680721.** - **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, GENERATION SUB DIVISION, PANNIYAR, IDUKKI- 685563** W.P.(C).Nos.25345/2018 & con.cases 26 - **12 KURIAN K.KOSHY, ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, EAST KALLADA, KOLLAM- 691502.** - **13 MANOJ.T.V., ASSISTANT ENGINEER, KSEBL, TRANSMISSION CONSTRUCTION, SUB DIVISION, KOZHIKODE- 673001.** - **14 MANOJ MATHEW, ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, KADAPRA, PATHANAMTHITTA- 689621.** - **15 MUHAMMAD RAFI.M., ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, POOJAPPURA- 695012.** - **16 PRAKASH.R., ASSISTANT ENGINEER, GENERATION SUB DIVISION, KSEBL, VELLATHOOVAL, IDUKKI- 685563.** - **17 PRASAD.N.S, ASSISTANT ENGINEER, TC SECTION, KSEBL, ERUMELY- 686 509.** - **18 PRAVEEN.K., ASSISTANT ENGINEER, KSEBL, TRANSMISSION DIVISION, TIRUR- 676101.** - **19 PUNNENITTY, ASSISTANT ENGINEER, KSEBL,** **TC SECTION, POOVANTHURUTHU (LINE MAINTENANCE SECTION, POOVANTHURUTHU) KOTTAYAM- 686012.** - **20 SABITHA.K, ASSISTANT ENGINEER, KSEBL, 110 KV SUBSTATION, PANOOR, MALAPPURAM- 670692.** - **21 SAILAJITHLAL.L., ASSISTANT ENGINEER, KSEBL, 220 KV SUBSTATION, MALAPARAMBA, MALAPPURAM- 673009.** W.P.(C).Nos.25345/2018 & con.cases 27 - **22 SANTHOSH BABU, ASSISTANT ENGINEER, KSEBL, 110 KV SUBSTATION, PERINAD, KOLLAM- 691601.** - **23 SREEKALA O.P.,** - **ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, KULATHUR, TRIVANDRUM- 695 583.** - **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.** W.P.(C).Nos.25345/2018 & con.cases 28 **33 PRAKASAN.N.K., ASSISTANT ENGINEER, KSEBL, KOZHIKODE DIESEL POWER PROJECT, KOZHIKODE673028.** - **34 PRATHAPAN M.P., ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, PANMANA, KOLLAM- 691583.** - **35 SHAJU M.V., ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, MELOOR, THRISSUR- 680311.** - **R1 BY SMT.ANEETHA A.G., SC, KERALA STATE ELECTRICITY BOARD LIMITED** **R1-2 BY ADV. SRI.RAJU JOSEPH (SR.) R1-2 BY ADV. SRI.C.JOSEPH ANTONY** **R3, R15, R29 BY ADV. PIRAPPANCODE V.S.SUDHIR R16 BY ADV. S.VISHNU** - **R17, R27, R31, R35 BY ADV. K.M.SATHYANATHA MENON** **R17, R27, R31, R35 BY ADV. KAVERY S THAMPI** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-06-2019, ALONG WITH WP(C).28516/2018 AND CONNECTED CASES, THE COURT ON 2-09-2019 DELIVERED THE FOLLOWING:** W.P.(C).Nos.25345/2018 & con.cases 29 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **MONDAY, THE 02ND DAY OF SEPTEMBER 2019 / 11TH BHADRA, 1941 WP(C).No.29435 OF 2018(D)** ## **PETITIONERS:** - **1 SREEKUMAR AGED 49 YEARS ASSISTANT ENGINEER (ELECTRICAL), OFFICE OF THE CHIEF VIGILANCE OFFICER, VAIDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004.** - **2 SURESH KUMAR S AGED 35 YEARS NODAL OFFICER, (L) ELECTRICAL CIRCLE, KATTAKKADA, THIRUVANANTHAPURAM-695572.** - **3 ANIL S AGED 35 YEARS ASSISTANT ENGINEER, ELECTRICAL, SHEP, PEPPARA, THIRUVANANTHAPURAM-695551.** - **4 AJAYAKUMAR V.P AGED 35 YEARS ASSISTANT ENGINEER (ELECTRICAL), RAP DRP DIVISION, THIRUVANANTHAPURAM-695121** - **5 MUHAMNMED RAFI M AGED 35 YEARS ASSISTANT ENGINEER (ELECTRICAL), ELECTRICAL SECTION, POOJAPURA, THIRUVANANTHAPURAM-695012.** - **6 BINDU S AGED 35 YEARS ASSISTANT ENGINEER, ELECTRICAL SECTION, PEROORKADA, THIRUVANANTHAPURAM-695005** W.P.(C).Nos.25345/2018 & con.cases 30 - **7 KALESH K. RAJ AGED 35 YEARS ASSISTANT ENGINEER (ELECTRICAL), 110 KV SUB STATION, KOZHANCHERY, PATHANAMTHITTA - 689 641.** **BY ADVS. PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM SMT.A.MEGHA** ## **RESPONDENTS:** - **1 KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VAIDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004** - **2 THE CHIEF ENGINEER (HRM) KERALA STATE ELECTRICITY BOARD, VAIDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004.** - **3 ANIL KUMAR P. ASSISTANT ENGINEER, KOTTAKKAL ELECTRICAL SECTION, MALAPPURAM-676102** - **4 PRAKASAN N.K. ASSISTANT ENGINEER, KOZHIKODE DIESEL POWER PLANT, KDPP, KOZHIKODE-673108.** - **5 HARIDASAN P.K. ASSISTANT ENGINEER, 110 KV SUB STATION, KOYILANDI, KOZHIKODE-673102** - **6 ABDUL NAZIR T. ASSISTANT ENGINEER, KADALUNDI ELECTRICAL CIRCLE, KOZHIKODE-673102.** - **7 ALIAS P. THOMAS ASSISTANT ENGINEER, LINE CONSTRUCTION SECTION, VADAKARA, KOZHIKODE-673101.** - **8 ANIL KUMAR B.S ASSISTANT ENGINEER, ELECTRICAL SECTION, VADAKARA, KOZHIKODE-673101.** W.P.(C).Nos.25345/2018 & con.cases 31 - **9 PUNNEN ITTY ASSISTANT ENGINEER, T.C. SECTION, POOVANTHURUTHU-686102.** - **10 PRATHAPAN M.P ASSISTANT ENGINEER, ELECTRICAL SECTION, PANAMANA, KOLLAM-691002** - **11 KURIAN K. KOSHY ASSISTANT ENGINEER, ELECTRICAL SECTION, EAST KALLADA, KOLLAM-691001** - **12 SAILAJITH LAL ASSISTANT ENGINEER, 220 KV SUB ELECTRICAL CIRCLE, THIRUR, MALAPPURAM-676101.** - **13 SREEKALA O.P ASSISTANT ENGINEER, ELECTRICAL SECTION, KULATHOOR-695132.** - **14 MANOJ T.V. ASSISTANT ENGINEER, TRANSGRID DIVISION, KOZHIKODE-673005** - **15 PRAKASH R. ASSISTANT ENGINEER, 220 SUB STATION, POTHENCODE, THIRUVANANTHAPURAM-695032.** - **16 SABITHA K. ASSISTANT ENGINEER, 110 KV SUB STATION, PANUR, THALASSERI-670235** - **17 FRINIT T.F. ASSISTANT ENGINEER, GENERATING SECTION, PERINGALKUTHU, THRISSUR** - **18 JAGADEESAN C. ASSISTANT ENGINEER, ELECTRICAL SECTION,KANNUR670002** - **19 HARIDASAN V.K. ASSISTANT ENGINEER, ELECTRICAL SECTION, MEPPADI, WAYANAD DISTRICT.** W.P.(C).Nos.25345/2018 & con.cases 32 - **20 JESSY MATHEW ASSISTANT ENGINEER, ELECTRICAL DIVISION, KARUNAGAPALLY, KOLLAM** - **21 SANTHOSH MATHEW ASSISTANT ENGINEER, 110 KV SUB STATION, PERINAD** - **22 JINAN M.P. ASSISTANT ENGINEER, GENERATION SUB STATION, PANNIYOOR** - **23 BENNY PAUL ASSISTANT ENGINEER, ELECTRICAL DIVISION, PERUMBAVOOR** - **24 MANOJ MATHEW ASSISTANT ENGINEER, ELECTRICAL SECTION, KADAPA.** - **25 ADDL.R25 PRASAD N.S AGED 47 YEARS** - **S/O SIVARAMAN N.S, ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, TRANSMISSION CONSTRUCTION SECTION, ERUMELY, 110 KV SUBSTATION, KANAKAPPALAM, KOTTAYAM DISTRICT686509, RESIDING AT NIVARATHIL HOUSE, KARIKKATTOOR CENTRE PO, KOTTAYAM DISTRICT.** - **26 ADDL.R26 ALIAS P THARIAN AGED 55 YEARS** **S/O THARIAN V, ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, PET SUB DIVISION, HMT COLONY PO, KALAMASSERY-683503, RESIDING AT PARAVATTIL HOUSE, MEKKAD PO, KUNJUKULAM ROAD, ERNAKULAM-683589.** - **27 ADDL.R27 MANOJ R AGED 51 YEARS** - **S/O RAGHAVAN A.S, ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, TC SECTION, MUTTOM, THODUPUZHA, IDUKKI DISTRICT-685587, RESIDING AT EDAPPATTU HOUSE, KADACKANAD PO, KOLENCHERY, ERNAKULAM-682311.** W.P.(C).Nos.25345/2018 & con.cases 33 **28 ADDL.R28 SHAJU M.V AGED 48 YEARS S/O M.A VARGHESE, ASSISTNT ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, 220KV SUB STATION, KALLIPADAM PO, SHORANUR, PALAKKAD679122, RESIDING AT MUKRAPPILLY HOUSE, P.O.KORATTY (SOUTH), THRISSUR DISTRICT-680308. (ADDL.R25 TO R28 IMPLEADED AS PER ORDER DATED 20/12/2018 IN IA.NO.01/2018)** **R1-2 BY ADV. SRI.RAJU JOSEPH (SR.) R1-2 BY ADV. SRI.C.JOSEPH ANTONY R25 BY ADV. K.M.SATHYANATHA MENON R25 BY ADV. SMT.KAVERY S THAMPI** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-06-2019, ALONG WITH WP(C).28516/2018 AND CONNECTED CASES, THE COURT ON 2-09-2019 DELIVERED THE FOLLOWING:** W.P.(C).Nos.25345/2018 & con.cases 34 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **MONDAY, THE 02ND DAY OF SEPTEMBER 2019 / 11TH BHADRA, 1941** ## **WP(C).No.38125 OF 2018(M)** ## **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. 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.** W.P.(C).Nos.25345/2018 & con.cases 35 - **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, PIN-680611.** - **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. 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. SRI.K.R.GANESH SMT.N.R.REESHA** W.P.(C).Nos.25345/2018 & con.cases 36 ## **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.** - **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.** W.P.(C).Nos.25345/2018 & con.cases 37 - **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.** - **19 PRAVEEN K., ASSISTANT ENGINEER, KSEBL, TRANSMISSION DIVISION, TIRUR-676101.** W.P.(C).Nos.25345/2018 & con.cases 38 - **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.** W.P.(C).Nos.25345/2018 & con.cases 39 - **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.** ## **37 PREMAKUMARAN.K SOUGHT TO BE IMPLEADED** **R1-3 BY SMT.ANEETHA A.G., SC, KERALA STATE ELECTRICITY BOARD LIMITED R1-3 BY ADV. SRI.C.JOSEPH ANTONY** **R4, R16, R30 BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR R28 BY ADV. SRI.K.M.SATHYANATHA MENON R28 BY ADV. SMT.KAVERY S THAMPI R37 BY ADV. S.P.ARAVINDAKSHAN PILLAY R37 BY ADV. SMT.N.SANTHA R37 BY ADV. SRI.SAJU JOHN R37 BY ADV. SRI.V.VARGHESE R37 BY ADV. SRI.PETER JOSE CHRISTO R37 BY ADV. SRI.S.A.ANAND** W.P.(C).Nos.25345/2018 & con.cases 40 **R37 BY ADV. SMT.K.N.REMYA R37 BY ADV. SMT.L.ANNAPOORNA** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-06-2019, ALONG WITH WP(C).28516/2018 AND CONNECTED CASES, THE COURT ON 2-09-2019 DELIVERED THE FOLLOWING:** W.P.(C).Nos.25345/2018 & con.cases 41 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **MONDAY, THE 02ND DAY OF SEPTEMBER 2019 / 11TH BHADRA, 1941** **WP(C).No.38279 OF 2018(H)** ## **PETITIONER:** **ANIRUDHAN.P AGED 48 YEARS** **S/O G.PEETHAMBARAN,ASSISTANT ENGINEER,KSEB LIMITED,66** **KVSUBSTATION,KUTTANADU,ALAPPUZHA,RESIDING AT UTHRADOM,SINDOORA ROAD,PUNNAPRA PO,ALAPPUZHA 688004** **BY ADV. SRI.SAJITH KUMAR V.** ## **RESPONDENTS:** |**1**|**KERALA STATE ELECTRICITY BOARD**| |---|---| ||**REPRESENTED BY ITS SECRETARY**| ||**(ADMINISTRATION),VYDYUTHI**| ||**BHAVAN,PATTOM,TRIVANDRUM,695004**| |**2**|**CHAIRMAN AND MANAGING DIRECTOR**| ||**KERALA STATE ELECTRICITY BOARD LIMITED,**| ||**VYDHUTHI BHAVAN, PATTOM, TRIVANDRUM-695 004**| |**3**|**THE CHIEF ENGINEER (HRM)**| ||**KERALA STATE ELECTRICITY BOARD LIMITED,**| ||**VYDHUTHI BHAVANAM, PATTOM, TRIVANDRUM-695 004**| ||**R1-3 BY SMT.ANEETHA A.G., SC, KERALA STATE**| ||**ELECTRICITY BOARD LIMITED**| ||**R1-3 BY ADV. SRI.C.JOSEPH ANTONY**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-06-2019, ALONG WITH WP(C).28516/2018 AND CONNECTED CASES, THE COURT ON 2-09-2019 DELIVERED THE FOLLOWING:** W.P.(C).Nos.25345/2018 & con.cases 42 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 02ND DAY OF SEPTEMBER 2019 / 11TH BHADRA, 1941** ## **WP(C).No.41387 OF 2018(W)** ## **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 SUBSTATION,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, KERALA STATE ELECTRICITY BOARD LIMITED, PET SUB DIVISION, HMT COLONY P.O., KALAMASSERY-683 503, RESIDING AT PAVARATTI HOUSE, MEKKAD P.O., KUNJUKULAM ROAD, ERNKULAM-683 589** **3 MANOJ R. AGED 51 YEARS S/O.RAGHAVAN A.S., ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, TC SECTION, MUTTOM, THODUPUZHA ,I DUKKI DISTRICT-685 587,RESIDING AT EDAPPATTU HOUSE, KADACKANAD P.O., KOLENCHERY, ENRNAKULAM-682 311** W.P.(C).Nos.25345/2018 & con.cases 43 **4 SHAJU M.V, AGED 48 YEARS** **S/O. M.A.VARGHESE, ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, 220 KV SUB STATION, KALLIPADAM PO, SHORANUR, PALAKKAD-679 122, RESIDING AT MUKRAPPILLY HOUSE, P.O.KORATTY (SOUTH),THRISSUR DISTRICT-680 308** **BY ADVS. SRI.K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI** ## **RESPONDENTS:** - **1 KERALA STATE ELECTRICITY BOARD LIMITED REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHPAURAM-695 004** - **2 CHAIRMAN KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHPAURAM695 004** - **3 CHIEF ENGINEER (HRM) KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHPAURAM-695 004** - **4 ADDL.R4- JOSHI N.ISAC, ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL SECTION NO.1, THODUPUZHA, IDUKKI DISTRICT-686584** - **5 ADDL.R5- SHEEBA KARIM, ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KERALA STATE ELECTRICITY BOARD LIMITED, UPHILL, MALAPPURAM-676505.(ADDL.R4 AND 5 ARE IMLEADED AS PER ORDER DATED 01.4.2019 IN IA.NO, 1/2019)** **R1 BY ADV. C.JOSEPH ANTONY** **R1-3 BY SMT.ANEETHA A.G., SC, KERALA STATE ELECTRICITY BOARD LIMITED R1-3 BY ADV. SRI.C.JOSEPH ANTONY** 44 W.P.(C).Nos.25345/2018 & con.cases **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-06-2019, ALONG WITH WP(C).28516/2018 AND CONNECTED CASES, THE COURT ON 2-09-2019 DELIVERED THE FOLLOWING:** W.P.(C).Nos.25345/2018 & con.cases 45 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **MONDAY, THE 02ND DAY OF SEPTEMBER 2019 / 11TH BHADRA, 1941** ## **WP(C).No.5160 OF 2019(T)** ## **PETITIONERS:** |**1**|**RADHAKRISHNAN.C.G**| |---|---| ||**AGED 49 YEARS**| ||**S/O. GOPALA KAIMAL, ASST. ENGINEER,**| ||**EQUIPMENT MONITORING SUB DIVISION,**| ||**MOOLAMATTOM- 685 589, IDUKKI, RESIDING AT DIVYA**| ||**BHAVAN, JAYA NAGAR,**| ||**NEAR MARTINPURAM CHURCH,**| ||**KANNADIKKADU, MARADU P.O., 682304.**| |**2**|**ASHA THOMAS,**| ||**AGED 47 YEARS**| ||**W/O. T.U. GEORGE, ASST. ENGINEER, T.M.R.**| ||**DIVISION, ANGAMALY,**| ||**KSEB 683 573,**| ||**RESIDING AT THEKKIAEDATH HOUSE, CHOWARA P.O.,**| ||**ALUVA 683 571.**| ||**BY ADVS.**| ||**SRI.KALEESWARAM RAJ**| ||**KUM.A.ARUNA**| ||**SMT.RIYA RAYMOL IYPE**| ||**SMT.K.C.AISHWARYA**| ## **RESPONDENTS:** **1 KERALA STATE ELECTRICITY BOARD LIMITED, REPRESENTED BY CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ELECTRICITY BOARD LIMITED, *VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM 695 001** W.P.(C).Nos.25345/2018 & con.cases 46 - **2 CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ELECTRICITY BOARD LIMITED, *VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM 695 001** - **3 CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD LIMITED, *VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM 695 001** - **4 CHIEF ENGINEER, GENERATION, KERALA STATE ELECTRICITY BOARD LIMITED,** - ***MOOLAMATTOM, IDUKKI – 685589”.** **R1-4 BY ADV. SRI.RAJU JOSEPH (SR.) R1-4 BY SMT.ANEETHA A.G., SC, KERALA STATE ELECTRICITY BOARD LIMITED R1-4 BY ADV. SRI.C.JOSEPH ANTONY** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-06-2019, ALONG WITH WP(C).28516/2018 AND CONNECTED CASES, THE COURT ON 2-09-2019 DELIVERED THE FOLLOWING:** ***THE PLACE IN THE ADDRESS OF R1 TO R3 IS CORRECTED AND SUBSTITUTED WITH VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM 695 001” AS PER ORDER DATED 02.09.2019 IN IA NO.1/2019 IN W.P. (C).NO.5160/19.** ***THE PLACE IN THE ADDRESS OF R4 IS CORRECTED AND SUBSTITUTED WITH “MOOLAMATTOM, IDUKKI – 685589”. AS PER ORDER DATED 2.9.2019 IN IA NO.1/2019 IN WPC 5160/19** W.P.(C).Nos.25345/2018 & con.cases 47 ## **JUDGMENT** **[ WP(C).28516/2018, WP(C).1158/2015, WP(C).23829/2018, WP(C).23856/2018, WP(C).23939/2018, WP(C).24379/2018, WP(C).25345/2018, WP(C).27905/2018, WP(C).29435/2018, WP(C).38125/2018, WP(C).38279/2018, WP(C).41387/2018, & WP(C).5160/2019,** ## **Dated this the 2[nd] day of September, 2019** 1.Heard Sri.K.P.Satheesan, learned Senior Counsel appearing for the petitioners in W.P.(C).Nos.23856/18, 28516/18 & 1158/2015, Sri.S.Ramesh Babu, learned Senior Counsel appearing for the petitioners in W.P.(C).No.27905/2018. Sri.Pirappancode V.S.Sudheer, learned counsel appearing for the petitioners in W.P.(C).Nos.29435/2018 & 23829/2018, Sri.V.Varghese, learned counsel appearing for the petitioner in W.P.(C).No.25345/2018, Sri.K.M.Sathyanatha Menon, learned counsel appearing for the petitioner in W.P.(C).No.41387/18, Sri.Kaleeswaram Raj, learned counsel appearing for the petitioners in W.P.(C).Nos.23939/2018, 24379/2018 & 5160/2019, Sri.Elvin Peter, learned counsel appearing for the petitioners in W.P.(C).No.38125/2018, Sri.Sajith Kumar V, W.P.(C).Nos.25345/2018 & con.cases 48 learned counsel appearing for the petitioners in W.P. (C).No.38279/2018 and Sri.Raju Joseph, the learned Senior Counsel appearing for the Kerala State Electricity Board and the learned counsel appearing for the contesting respondents in the captioned writ petitions. - 2.The essential facts required for consideration of the issues raised in these writ petitions are succinctly narrated in the judgment of the Division Bench in W.A.No.1506/2018. I take the liberty of extracting the entire facts from the said judgment which reads as under:- “2.Short of the long story put forth by the appellants is that, pursuant to Ext.P1 notification issued in the year 2001 for the post of Assistant Engineers, the appellants, who were Degree holders and working as Sub Engineers or Cashiers respectively, were included in Exts.P3/P4 lists, but no appointment was being effected. Later, W.P.(C) No.22628 of 2003 was filed, wherein an interim order was passed, directing not to effect any contract appointment. 3. While so, a notification was issued for effecting temporary appointment, in turn leading to Ext.P6 dated 15.06.2004, granting W.P.(C).Nos.25345/2018 & con.cases 49 temporary appointment to as many as 81 persons, including the appellants herein, in respect of 10% quota reserved for the Board employees possessing B.Tech. qualification. Later, the selection was left to the Public Service Commission and it was approved by the Government on 01.02.2005. The above writ petition came to be closed on 21.06.2005 as per Ext.P7 judgment, directing to appoint the persons from the existing list. Challenging Ext.P7, the KSEB filed W.A.No.2564 of 2005 which came to be dismissed as per Ext.P8. However, on filing review petition, the writ appeal came to be restored and after hearing, the appeal came to be dismissed as per Ext. P9 dated 21.06.2007. 4. Two other writ petitions, namely W.P.(C) Nos.33726 and 33749 of 2005 filed by the petitioners therein claiming similar benefit as given to the appellants herein, which were pending came to be allowed as per the above judgment. Thereafter, Ext.P10 order was passed on 05.11.2007 by the third respondent, whereby the benefit of regularisation was given to 66 persons from 05.11.2007, which includes the appellants as well. Pursuant to the contempt of court proceedings, stating that there was no proper compliance with the direction, the matter was considered and Ext.P11 order was passed by the Board granting the benefit of regularisation with W.P.(C).Nos.25345/2018 & con.cases 50 effect from 15.06.2004. Ext.P12 is the order passed by the third respondent whereby the rights and interests of the appellants and some others were protected, whereas 21 persons, who were not finding a place in Ext.P4, came to be reverted. 5. It is pointed out by Sri. K. P. Satheesan, the learned senior counsel for the appellants that consequential benefits pursuant to regularization w.e.f. 15.06.2004 also came to be granted as per Ext.P17 order, based on Ext. P16 judgment passed in W.P.(C) No. 15208 of 2011. 5. Things took a different turn when the third respondent issued Ext. P18, whereby en-bloc seniority was given to latter group as well, who had already lost the battle. Ext. P18 was the subject matter of challenge in W.P.(C) No. 3655 of 2016, which was allowed as per Ext.P19 judgment, whereby Ext. P18 order was set aside. One of the aggrieved party filed W.A. No. 646 of 2017, which came to be allowed as per Ext. P15 verdict passed by the Division Bench, simultaneously dismissing the unnumbered review petitions which were considered along with the Writ Appeal. But some serious insinuation was made against the writ petitioners herein, alleging suppression of material facts and in turn, awarding cost, which is stated as the subject matter of review [R.P. No. 583 of 2018] W.P.(C).Nos.25345/2018 & con.cases 51 already preferred before this Court. 6. Ext. P20 is the order passed by the Board on 12.07.2018, whereby the reversion of the appellants has been ordered rightly under the guise of complying with the directions given by this Court in Ext.P13, which according to the appellants is not correct or sustainable and hence was under challenge in W.P.(C) No. 23856 of 2018.” - 3.After hearing the parties, the reversion ordered by Exhibit P20 was stayed and the issue was relegated for hearing in writ petition, making it clear that the interim stay granted with regard to reversion will be subject to the final verdict to be passed herein. - 4.The question which arises for consideration is whether the order impugned in the writ petitions is in accordance with the directions contained in the binding judgments of the Division Bench, that is, W.A.No.2564 of 2006, and orders in R.P.Nos.902/2008 & connected cases as also Exhibit P15 judgment. The parties and documents are being referred to as W.P.(C).Nos.25345/2018 & con.cases 52 arrayed in W.P.(C).No.28516 of 2018 except where specifically mentioned otherwise. 5. The persons, who had been included in the list prepared for temporary appointment as Asst. Engineers dated 1.6.2002 and 10.6.2002 respectively, are the writ petitioners in W.P. (C).Nos.28516/2018 and 23856/2018. Their contention is that pursuant to the judgment in W.P.(C).No.22628/2003, they were held to be entitled for regularisation by reason of their inclusion in the select lists and they had, as a matter of fact, been regularised w.e.f. 15.6.2004 and had been granted all attendant benefits, including monetary benefits. Their case for regularisation had been found in their favour by the learned single Judge and was subject to an appeal (W.A.No.2564 of 2006). The appeal was initially dismissed, reviewed and dismissed again and the matter has become final as regards their right to regularisation. Pursuant thereto, they had been regularised w.e.f. 15.6.2004 and there is no challenge whatsoever to such regularisation till date. W.P.(C).Nos.25345/2018 & con.cases 53 6.It is therefore contended that the later consideration, with regard to the regularisation of employees pursuant to later litigations can, in no manner affect the persons, who were included in the list dated 1.6.2002 and 10.6.2002 respectively, whose claim for regularisation as against the vacancies in the 10% quota for in-service candidates stands settled by the binding decision of the Division Bench. It is contended that in Exhibit P13 judgment in R.P.No.902 of 2008 and connected cases filed against the judgment in W.P.(C).No.33726/2005 dated 21.6.2007 as clarified in IA.No.11546/2007 and connected cases, the claim of the party respondents, who had been held to be not entitled to regularisation of appointment w.e.f. 15.6.2004 was specifically found against. It is stated that Exhibit P13 order specifically directed that the vacancies which arose between the 2002 selection and 31.1.2005 will have to be filled up by recourse to a fresh procedure by inviting fresh applications pointing out that the appointments are to be made on regular basis. This makes it clear that the regularisation granted w.e.f. 15.6.2004 was confined to the persons included in the select list prepared on 1.6.2002 and 54 W.P.(C).Nos.25345/2018 & con.cases 10.6.2002 respectively and that with regard to the later vacancies, the exercise required was a fresh selection procedure. 7. Though the Board had undertaken an exercise to reassign the seniority of all those persons promoted as Assistant Engineers in the 10% quota since 2002, the said exercise was set aside in an earlier writ petition by W.P.(C).No.3655/2016. While considering the writ appeal, the Division Bench in Exhibit P15 judgment found that the effort, if any, by the petitioners, who were persons included in the select list dated 1.6.2002 and 10.6.2002, to obtain a date of promotion earlier than 15.6.2004 was completely misconceived and unjustifiable in the light of judgments in W.P.(C).No.15208/2011 and W.P. (C).No.5312/2014. However, the Division Bench did not and could not have interfered with the findings of the earlier judgment in Writ Appeal No.2564/2006 or the order in R.P.No.902/2008 and connected cases. In the above view of the matter, the direction with regard to conduct of fresh selection and reallocation of date of regular appointment as Assistant 55 W.P.(C).Nos.25345/2018 & con.cases Engineer (Electrical) would apply to those persons who did not have the benefit of the judgment in W.P.(C).No.22628/2003 as affirmed in W.A.No.2564/2006. It is contended that the attempt now undertaken to assign dates of appointment to all the persons included in the 10% quota, including the persons who had the benefit of the said judgment is completely unsustainable and is liable to be interfered with. - 8.W.P.(C).No.1158 of 2015. which was filed by the persons included in Batch 'A' was admitted on 2.2.2015 and an interim order was rendered directing the Board not to promote any Assistant Engineers (Electrical) who was appointed in the post after 15.6.2002 in preference to the petitioners pending disposal of the writ petition. - 9.W.P.(C).No.23856/2018 is a later writ petition filed challenging the reversion of the petitioners, who were included in Batch 'A' as mentioned in judgment in W.A.No.646/2017 challenging Exhibit P20 order dated 12.7.2018 to the extent of reverting the petitioners. W.P.(C).Nos.25345/2018 & con.cases 56 10.Sri.K.P. Satheesan, the learned Senior Counsel would contend that this Court in W.P.(C).No.22628/2003 had clearly held that the petitioners were entitled for regularisation. They were, as a matter of fact, regularised on 5.11.2007 w.e.f 15.6.2004 and were granted all benefits of such regularisation. It is stated that in the light of the order in review dated 17.6.2009, there has to be a fresh selection with regard to persons not included in the select list dated 1.6.2002 and 10.6.2002 and that the petitioners who had been entitled for regularisation cannot be affected by any such attempt. It is stated that pursuant to notifications issued for regular appointment by the Board in 2017 and 2018 none of the petitioners, who were already held to be entitled for regularization from 15.6.2004 and had been granted all benefits of such regularisation had made any application and that the inclusion of the petitioners in the exercise for reassignment of dates is therefore completely unwarranted. The learned counsel relied on the decision of the Jaipur Bench of the CAT to contend that an order of reversion entails civil consequences to the employee and W.P.(C).Nos.25345/2018 & con.cases 57 should be issued only after putting the employee on notice and considering his objections to the same. 11.The petitioner in W.P.(C).No.38279/2018 figures at Serial No.14 in the select list dated 10.6.2002 and was granted the benefit of regularisation w.e.f. 15.06.2004 pursuant to the judgment in W.P.(C).No.22628/2003 and the learned counsel adopts the arguments of Sri.K.P.Satheesan, the learned Senior Counsel appearing for the petitioner in W.P.(C).No. 28516/2018. 12.The petitioners in W.P.(C).No.29435/2018, on the other hand, contend that they are also persons who had been appointed as Assistant Engineer (Electrical) in the 10% quota in available vacancies w.e.f 15.6.2004 and that, as such, they are entitled to be included in the list taking note of the length of service put in by them in the Electricity Board without reference to the date of occurrence of vacancy as directed by the Full Bench of this Court in K.S.Mohammed v. State of Kerala and other s (OP No.3291/1992) dated 17.8.1998) It is stated that it W.P.(C).Nos.25345/2018 & con.cases 58 was pursuant to circular dated 17.5.2004 that the petitioners had applied for appointment as Assistant Engineer (Electrical). Being fully qualified, they were appointed and were given temporary promotions on 15.6.2004. It is stated that the judgment in W.P.(C).No.22628/2003 only found that the persons included in the select list dated 1.12.2002 and 10.06.2002 were eligible for regularisation and did not direct their appointment. It is stated that the order in the Review Petition dated 17.6.2009 was vitiated, since it was obtained by misrepresentation and fraud and the fact that the petitioners were identically situated as the petitioners in W.P.(C).No. 22628/2003 was suppressed to obtain the same. It is contended that the judgments in W.P.(C).No.15208/2011 and W.P.(C).No.5241/2014 as well as the recent judgment of the Division Bench in W.A.No.646 of 2017 cover the issue and the petitioners are entitled to be granted the benefit of regularisation w.e.f. 15.6.2004 and seniority going by their length of service in the Board. W.P.(C).Nos.25345/2018 & con.cases 59 13. It is contended that there were 91 vacancies in the 10% quota set apart for in-service candidates having degree in Engineering and that the details have been stated at paragraph 29 and 30 in W.P.(C).No.23829/2018 which reads thus:- “29. Meanwhile the petitioners may also be permitted to point out in this context, that there were 91 vacancies in the post of Assistant Engineer (Ele.) as on 31.1.2005. This fact is evident from the proceedings No. EB/Gr.3/Cadre Strength/03 dated 27.11.2004 Chief Engineer(HRM) publishing final seniority list of Assistant Engineer (Ele.) in relation to 10% degree holders and also the final seniority list of the above category. The true copy of that proceedings dated 27.11.2004 of the Chief Engineer (HRM) publishing the final seniority list and also the true copy of the final seniority list of the above category are produced herewith and marked as Exhibits P14 and P15 respectively. 30. The petitioners submit that persons on and upto SI.No.207, in the aforesaid seniority list, were promoted to the next higher post of Assistant Executive Engineer till 31.01.2005. In other words , the total number of persons working in the post of Assistant Engineer (Ele.) under 10% quota as per the above gradation list as on 31.1.2005, is 145, viz.353 the last person included in the said list- 208. Again not less than 16 persons from the above 145 persons had since retired from service and therefore as on 31.1.2005 only 129 Assistant Engineers were actually working in the in- service W.P.(C).Nos.25345/2018 & con.cases 60 quota. Taking into account the fact that the total cadre strength of Assistant Engineers in the 10% quota reserved for in service candidate is 220 on 31. 1. 2005, the actual vacancy available as on that date is 220-129,i.e. 91.“ - 14.Sri.Pirappancode V.S.Sudheer, the learned counsel for the petitioner in W.P.(C).No.23829/2018 would contend that the petitioners being persons,who had been temporarily appointed as on 15.06.2004 are entitled to inclusion in the list taking note of their length of service as also the number of vacancies available. It is stated that the appointment as on 15.6.2004 to clearly available vacancies was a substantial appointment and the same cannot be changed. It is submitted that as against the judgment of the Division Bench dismissing the review petitions, an SLP has been preferred before the Apex Court and the issue is still open for consideration. 15. The learned counsel relies on the decisions of the Apex Court in A.V.Papayya Sastry and others v. Government of Andra Pradesh and others [(2007) 4 SCC 221] and Ram Chandra Singh v. Savitri Devi and others [(2003) 8 SCC 319 to contend W.P.(C).Nos.25345/2018 & con.cases 61 that suppression amounts to fraud and the order in R.P.No.902/2008 and connected cases being one obtained by suppression and fraud, the same is liable to be ignored in toto. It is further stated that there were 91 vacancies in the 10% quota and that as such, no reversion is liable to be effected. The learned counsel also relies on the decision of the Apex Court in Direct Recruit Class II Engineering Officers Association v. State of Maharashtra and others [(1990) 2 SCC 715] in support of his contention that seniority is to be reckoned from the date of appointment and not on the basis of the date of confirmation or regularization. The decision in Abin Suraj v. Joseph [2011(3) KLT 488] is relied on to contend that once an appeal is entertained and decided, the doctrine of merger operates and therefore what is to be considered is the direction of the Division Bench and not of the learned single Judge. 16.Sri.V.Varghese the learned counsel appearing for the petitioners in W.P.(C).No.25345/2018 submits on the strength of the pleadings raised that there were 99 vacancies available in the W.P.(C).Nos.25345/2018 & con.cases 62 10% quota set apart for in-service candidates having degree in Engineering and that as such, 33 more persons would be entitled to be included in Annexure 1 list and the reversion of the petitioners was therefore completely unnecessary. It is contended that appointments had been made only against available vacancies and there is no necessity for any reversion, since the cadre strength provided for retention of all the persons appointed in the 10% quota. 17.The learned counsel for the petitioner in W.P.(C).No.23939/2018 who is included in Annexure B list in the impugned order submits that the petitioner was not a party in any of the earlier proceedings and that he joined service on 02.12.2002 with B.Tech Degree. He was promoted as Assistant Engineer (Electrical) on 01.01.2005 and regularised by Exhibit P2 order dated 17.9.2008. However, in Exhibit P3 dated 16.11.2017 he is included as Serial No.67 and in Exhibit P4 order his name finds a place in Annexure B. - 18.The pleadings in W.P.(C).No.24379/2018 is to the effect that the petitioner who had entered service in 2002 had B.Tech W.P.(C).Nos.25345/2018 & con.cases 63 qualification and had been appointed as Assistant Engineer (Electrical) temporarily on 15.6.2004. It is stated that the petitioner is included in Annexure C and that this is not in accordance with the principles enunciated by the Full Bench. - 19.The petitioners in W.P.(C).No.41387/2018 were temporarily appointed on 14.06.2004 as Assistant Engineer (Electrical) and seek regularisation with effect from that date. 20.The petitioners in W.P.(C).No.27905/2018, three in number, are included in Annexure C list to the impugned order. The learned Senior Counsel appearing for the petitioners, Sri.S.Ramesh Babu would contend that the petitioners had been promoted from the post of Sub- Engineer (Electrical) and that where there are several feeder categories, those persons included in feeder categories having higher scales of pay are liable to be placed above those persons in the lower scales in terms of Note 6 of Rule 28(b)(1)(7) of the KS & SSR. It is stated that the Board had adopted the Kerala State and Subordinate Service Rules,in 1964, but had clarified in 1968 that subsequent amendments will not apply, unless adopted. It is stated that thereafter, by order dated W.P.(C).Nos.25345/2018 & con.cases 64 10.12.2002, the Board had decided that all amendments made to KS & SSR shall apply to board employees as well. It is stated that persons included in feeder categories having much lower scales of pay have been assigned higher ranks while persons like the petitioners, who were in the immediately lower post than the promoted posts have been assigned much lower ranks which is in violation of Rule 28(b)(1)(7)(6). It is further contended that Rule 10 (ab) of Part II KS & SSR has been adopted by the Board on 10.3.1993 and therefore that the fixation of seniority has to be reckoned taking note of seniority after acquisition of the qualification of Degree and not the service seniority without reference to the date of acquisition of qualification. It is further stated that Rule 15(a) of the KS & SSR has been implemented in the Board by Exhibit P10 dated 12.2.1999 and that in the light of the decision of the Apex Court in Chandavathi P.K and others v. C.K.Saji and others [(2004) 3 SCC 734], the impugned order is absolutely illegal and unsustainable. The learned Senior Counsel also relies on a decision of this Court in W.P.(C).No.17904/2005 decided on 11.11.2010 and contends that after noticing all these aspects, this Court had directed the Government to consider whether the length of service of incumbents after acquisition of W.P.(C).Nos.25345/2018 & con.cases 65 basic qualification is to be considered for determining seniority for appointment in the 10% quota. A judgment of a Division Bench of this Court dated 28.5.2009 in W.A.No.447/2005 is also relied on where it was held that in the absence of any norms based on length of service, the Board should have followed the principle contained in Note (VI) and (VII) to Rule 28(b)(1) of Part II KS & SSR. 21.Sri.Elvin Peter, the learned counsel for the petitioners in W.P. (C).No.38125/2018 submits that out of the ten petitioners, nine entered service as Sub-Engineer and one as Clerk. It is contended that there were 99 vacancies available to be filled up by the 10% quota and that only 66 vacancies had been filled up by the Board before the recruitment was left to the PSC. The learned counsel also contends that the principles contained in Rule 10(ab) and Rule 28 of Part II KS & SSR ought to have been followed by the Board instead of relying exclusively on the length of service for determining seniority. It is contended that the petitioners are entitled to regularisation in service taking note of the actual vacancy position in the 10% quota as on 1.02.2005 and to all consequential benefits. W.P.(C).Nos.25345/2018 & con.cases 66 22.Sri.Raju Joseph, the learned Senior Counsel appearing for the KSEB would submit that there were only 66 vacancies in the quota set apart for in-service candidates possessing Degree in Engineering. It is stated that all further vacancies had been reported to the PSC and had been filled up in accordance with law. The persons, who had been included in the select list dated 1.6.2002 and 10.6.2002, were also granted only temporary promotions as on 15.6.2004. It is stated that the judgment in W.P.(C).No.22628/2003 did not direct any regularisation with effect from particular date and that a reading of Exhibits P4 and P10 would show that the appointments were made only in a temporary capacity. It is stated that the present order impugned is the one prepared strictly based on the principle of length of service as directed by the Full Bench in K.S.Mohammed's case and that the decision in Chandravathi's case which was rendered on a completely different set of facts with respect to a different category has no application in the instant case. It is stated that the decision of the Full Bench in K.S.Mohammed's case become final and there can be no departure from the principle of seniority while filling up the posts. It is contended that the W.P.(C).Nos.25345/2018 & con.cases 67 judgment of the Division Bench in W.A.No.646/17 covers the issue and that the impugned orders are rendered in strict conformity with the same. It is contended that the Board has accepted the principle of seniority in service for the purpose of ranking in the list and persons entitled have been retained against the 66 vacancies which were available. It is contended that there was no requirement for issuance of any notice to the employees and any anomaly with regard to seniority will be considered and rectified, if appropriately raised before the Board. It is contended by the learned Senior Counsel relying on a decision of a Division Bench of this Court in Kenton Leisure Services Pvt.Ltd v. State of Kerala [2017 (1) KLT 671] that it is impermissible for this Court to re-open an earlier verdict through subsequent proceedings at the instance of the same parties and by interpolating the earlier view taken following an adjudication inter partes. It is, therefore, contended that all the parties to the writ petition are bound by the decisions of this Court rendered in inter partes judgments and there can be no reconsideration of the principles which have already been laid down. 23. I have considered the contentions advanced. As stated earlier, W.P.(C).Nos.25345/2018 & con.cases 68 the issue is with regard to the claim for regularization as Assistant Engineer (Electrical) in the 10% quota which was available for direct recruitment of in-service candidates. I am of the view that in the light of the judgment in W.P.(C).No. 22628/2003 which has been affirmed by the Division Bench in W.A.No.2564/2005 and in view of the fact that the persons included in the select list dated 1.6.2002 and 10.6.2002 had been granted regularisation in service as Assistant Engineer (Electrical) w.e.f. 15.6.2004 as also all attendant benefits thereof, the later exercise undertaken for regularising the appointments can in no way affect such persons. The persons in Batch B as referred to in the judgment of the Division Bench in W.A.No.646/17 included persons who had been granted temporary appointments on 15.6.2004 as well. However, in their case, the order in the R.P.No.902/2008 and connected cases applies. The Division Bench found that their claim for regularisation w.e.f. 15.6.2004 along with persons included in the select list dated 1.6.2002 and 10.6.2002 could not be entertained. The direction to the Board was, therefore, to conduct a fresh selection and assign dates with regard to vacancies which remained after the 2002 selection. As such, W.P.(C).Nos.25345/2018 & con.cases 69 according to me, those persons do not have the right to claim the same benefits as the persons included in the select list dated 1.6.2002 and 10.6.2002. It is in the case of the latter group that directions for a selection and a placement in accordance with law would be applicable. Since the case of the selection in 2002 stands settled by the judgment in W.A.No.2564/2005, the persons who were included in the regular selection in 2002 would be entitled to the benefit of regularization w.e.f. 15.6.2014 and to the fixation of seniority accordingly. 24.In the above view of the matter, the contention raised by the learned counsel for the petitioners in W.P.(C).No. 29435/2018 and similar cases that the entire issue was left open and regularisation is to be considered afresh is a complete fallacy. The issue with regard to the persons in the select list in June 2002 have attained finalilty in W.A.No.2564/2005. The case of other persons, who had been granted temporary promotions, was considered by the Division Bench in R.P.No.902/2008 and connected cases and it is in their case that a fresh exercise was directed to be conducted, taking note of the rules in force at the relevant time. I am, therefore, of the opinion that the petitioners W.P.(C).Nos.25345/2018 & con.cases 70 in W.P.(C).No.23856/2018, 28516/2018 and 41387/2018 are entitled to succeed in their writ petitions. The petitioners in those writ petitions who had been appointed as Assistant Engineers (Electrical) on the basis of their inclusion in the select lists prepared in June 2002 and who had been granted regularisation w.e.f. 15.6.2004 and all benefits thereof cannot be equated with those employees whose cases were directed to be considered afresh pursuant of the order of the Division Bench in the Review Petitions. It is therefore declared that those employees whose names found a place in lists dated 1.6.2002 and 10.6.2002 are entitled to retention in the post of Assistant Engineer (Electrical), taking their date of entry in such post as 15.6.2004 and to all consequential benefits. Their seniority and regularisation can in no way be affected by the subsequent exercise undertaken with regard to filling up the residual vacancies available after the 2002 selection. 25. The impugned orders are, therefore, set aside. There will be a direction to the KSEB 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 W.P.(C).Nos.25345/2018 & con.cases 71 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 considered within a period of two months from the copy of receipt of a copy of this judgment. W.P.(C).Nos.23856/18, 28516/18, 1158/2015 and 41387/2018 are allowed. Sd/- **Anu Sivaraman, Judge** ## sj The number of the writ petition shown in paragraph 24 and in the last sentence of the judgment in W.P.(C).No.25345/18 & connected cases is corrected as 'W.P. (C).No.38279/2018' instead of W.P.(C).No.41387/2018 as per order dated 15.10.2019 in IA 1/2019. in W.P.(C).No.38279/2018. Sd/- ## Joint Registrar W.P.(C).Nos.25345/2018 & con.cases 72 ## **APPENDIX OF WP(C) 28516/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE CIRCULAR NO.EB/GR.3/AE/2001 DATED 19.10.2001 ISSUED BY THE 3RD RESPONDENT.** **EXHIBIT P2 TRUE COPY OF THE CIRCULAR NO.EB/GR.3/10%AE(ELE)01 DATED 30.4.2002.** **EXHIBIT P3 TRUE COPY OF THE CIRCULAR ISSUED BY THE 3RD RESPONDENT DATED 1.6.2002. EXHIBIT P4 TRUE COPY OF THE CIRCULAR DATED 10.6.2002 ISSUED BY THE BOARD. EXHIBIT P5 TRUE COPY OF THE NOTE OF THE 3RD RESPONDENT DATED 5.8.2002. EXHIBIT P6 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 15.6.2004.** - **EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 21.6.2005 IN WPC.NO.,22628/2003.** **EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 12.7.2006 IN WA.NO.2564/2005.** **EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 21.6.2007 IN WA.NO,2564/2005.** **EXHIBIT P10 TRUE COPY OF THE ORDER NO.EB1(A)/AE(ELE)/158/2007 DATED 5.11.2007.** **EXHIBIT P11 TRUE COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT DATED 22.8.2008. EXHIBIT P12 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT AS NO.EB1(A)/AE(ELE)/158/2008 DATED 17.9.2008.** W.P.(C).Nos.25345/2018 & con.cases 73 |**EXHIBIT P13**|**TRUE COPY OF THE JUDGMENT DATED**| |---|---| ||**17.6.2009 IN R.P.NO.1099/2008 IN**| ||**WP.C.NO.33726/2005 .**| |**EXHIBIT P14**|**TRUE COPY OF THE ORDER DATED 1.5.2017**| ||**IN SPECIAL LEAVE TO APPEAL**| ||**NO.20974/2009 AND CONNECTED S.L.PS.**| |**EXHIBIT P15**|**TRUE COPY OF THE JUDGMENT DATED**| ||**29.7.2013 IN W.A.NO.646/2017.**| |**EXHIBIT P16**|**TRUE COPY OF THE JUDGMENT DATED**| ||**29.7.2013 IN WPC.NO,15208/2011.**| |**EXHIBIT P17**|**TRUE COPY OF THE PROCEEDINGS OF THE 3RD**| ||**RESPONDENT DATED 26.11.2013.**| |**EXHIBIT P18**|**TRUE COPY OF THE ORDER NO.EB1/AE(E)10%**| ||**QUOTA/2015 DATED 6.1.2016 ISSUED BY THE**| ||**3RD RESPONDENT.**| |**EXHIBIT P19**|**TRUE COPY OF THE JUDGMENT DATED**| ||**20.1.2017 IN WPC.NO,3655/2016.**| |**EXHIBIT P20**|**TRUE COPY OF THE CIRCULAR**| ||**NO.EB1(A)/AE(ELE)10% QUOTA DATED**| ||**16.11.2017 ISSUED BY THE 3RD RESPONDENT.**| |**EXHIBIT P21**|**TRUE COPY OF THE CIRCULAR**| ||**NO.EB1(A)/AE(ELE)/10% QUOTA DATED**| ||**9.3.2018 ISSUED BY THE 3RD RESPONDENT.**| |**EXHIBIT P22**|**TRUE COPY OF THE ORDER**| ||**NO.EBI(A)/AE(ELE)/158/2018 DATED**| ||**12.7.2018 ISSUED BY THE 3RD RESPONDENT.**| |**EXHIBIT P23**|**TRUE COPY OF THE JUDGMENT DATED**| ||**20.7.2018 IN WA.NO,1506/2018.**| W.P.(C).Nos.25345/2018 & con.cases 74 ## **APPENDIX OF WP(C) 1158/2015** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **EXT.P1 - TRUE COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 1910-2001** - **EXHIBIT P2 EXT.P2 -TRUE COPY OF THE CIRCULAR PUBLISHED BY THE 2ND RESPONDENT DATED 1-6-2002** **EXHIBIT P3 EXT.P3 - TRUE COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 106-2002** **EXHIBIT P4 EXT.P4 - TRUE COPY OF THE ORDER B.O. (FB)NO.927/2004 (LAS.1/15882/2013) DATED 15-4-2004 EXHIBIT P5 EXT.P5 - TRUE COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 175-2004** - **EXHIBIT P6 EXT.P6 - TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 15-6-2004** - **EXHIBIT P7 EXT.P7 - TRUE COPY OF THE JUDGMENT DATED 21-6-2005 IN WPC.NO.22628/2003** - **EXHIBIT P8 EXT.P8 - TRUE COPY OF THE JUDGMENT DATED 12-7-2008 IN WA NO.2564/2005** - **EXHIBIT P9 EXT.P9 - TRUE COPY OF THE ORDER ISSUED BY THE FIRST RESPONDENT DATED 5-11-2007** - **EXHIBIT P10 EXT.P10- TRUE COPY OF THE ORDER ISSUED BY THE FIRST RESPONDENT DATED 22-8-2008** - **EXHIBIT P11 EXT.P11 - TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 17-9-2008** **EXHIBIT P12 EXT.P12 - TRUE COPY OF THE JUDGMENT DATED 29-7-2013 IN WPC.NO.15208/2011** W.P.(C).Nos.25345/2018 & con.cases 75 **EXHIBIT P13** **EXT.P13 - TRUE COPY OF THE ORDER G.O(MS)NO.4/2014/PD DATED 13-2-2014** **EXHIBIT P14 EXT.P14 - TRUE COPY OF THE REPRESENTATION FILED BY THE FIRST PETITIONER DATED 12-122014** **EXHIBIT P15 EXT.P15 - TRUE COPY OF THE REPLY OBTAINED FROM THE 2ND RESPONDENT DATED 16-8-2014 UNDER RIGHT TO INFORMATION ACT.** - **EXHIBIT P16 TRUE COPY OF THE RELEVANT PAGES OF THE SENIORITY LIST PUBLISHED AS NO.E.B.GR3/A.E/SL/09-10 DATED 02/12/2009.** **EXHIBIT P17 TRUE COPY OF THE JUDGMENT DATED 20/01/2017 IN WPC NO.3655/2016.** - **EXHIBIT P18 TRUE COPY OF THE COMMON JUDGMENT DATED 21/06/2007 IN WRIT APPEAL NO.2564/2005, WPC NO.33726/2005 AND WPC NO.33749/2005.** **EXHIBIT P19 TRUE COPY OF THE JUDGMENT DATED 17/06/2009 IN RP NO.1099/2008 AND CONNECTED R.P. AND WRIT PETITIONS.** **EXHIBIT P20 TRUE COPY OF THE ORDER DATED 01/05/2017 IN SLP NO.23544/2009 AND CONNECTED SLP'S.** W.P.(C).Nos.25345/2018 & con.cases 76 ## **APPENDIX OF WP(C) 23829/2018** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN O.P.NO.3291/1992.** - **EXHIBIT P2 TRUE COPY OF THE CIRCULAR NO.EB 1(A)/AE(E)/TEMP./2004/475 DATED 17/5/2004 OF THE 2ND RESPONDENT.** **EXHIBIT P3 TRUE COPY OF THE BOARD ORDER NO.EBI(A)/AE(ELE.)/158/2004 DATED 15/6/2004.** **EXHIBIT P4 TRUE COPY OF THE BOARD ORDER NO.EB1(A)/AE(ELE.)/158/2005 DATED 1/1/2005. EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 21/6/2005 OF THIS HON'BLE COURT IN WP. (C) NO22628/2003.** **EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 21/6/2007OF THIS HON'BLE COURT IN W.P. (C) NO.33726/2005.** **EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 29/7/2013 OF THIS HON'BLE COURT IN W.P. (C) NO.15208/2011.** **EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 26/9/2016 OF THIS HON'BLE COURT IN W.P.9C) NO.5312/2014.** **EXHIBIT P9 TRUE COPY OF THE COMMON JUDGMENT DATED 17/6/2009 OF THIS HON'BLE COURT IN R.P.NO.1099/2008 AND CONNECTED CASES. EXHIBIT P10 TRUE COPY OF THE LETTER NO.EBI(A)/AE(ELE.)/10% QUOTA DATED 16/11/2017 OF THE 2ND RESPONDENT.** W.P.(C).Nos.25345/2018 & con.cases 77 **EXHIBIT P11 TRUE COPY OF THE LETTER NO.EBI(A)/AE(ELE.)/10% QUOTA DATED 9/3/2018 OF THE 2ND RESPONDENT ALONG WITH THE ANNEXURE APPENDED TO IT.** - **EXHIBIT P12 TRUE COPY OF THE ORDER NO.DBI/AE(E)/10% QUOTA DATED 6/1/2016 OF THE 2ND RESPONDENT ALONG WITH ITS ANNEXURE.** - **EXHIBIT P13 TRUE COPY OF THE COMMON JUDGMENT DATED 28/5/2018 OF THIS HON'BLE COURT IN Z.R.P.NO/29/2017(IN R.P.NO.902/2008), Z.R.P.NO.28/2017 (IN R.P.NO.1099/2008) IN W.P.(C) NO.33726/2005, Z.R.P.NO.27/2017 (IN R.P.NO.242/2008) IN W.P.(C) NO.33749/2005 AND W.A.NO.646/2017.** - **EXHIBIT P14 TRUE COPY OF THE PROCEEDINGS DATED 27/11/2004 OF THE CHIEF ENGINEER (HRM) PUBLISHING THE FINAL SENIORITY LIST OF ASSISTANT ENGINEER (ELECTRICAL)** - **EXHIBIT P15 TRUE COPY OF THE FINAL SENIORITY LIST OF ASSISTANT ENGINEER (ELECTRICAL) PUBLISHED ALONG WITH EXT.P14.** - **EXHIBIT P16 TRUE COPY OF THE 48TH ANNUAL ADMINISTRATION REPORT 2003-2004 OF THE KERALA STATE ELECTRICITY BOARD FOR THE YEAR ENDING MARCH 31ST 2004.** - **EXHIBIT P17 TRUE COPY OF THE 48TH ANNUAL ADMINISTRATION REPORT 2004-2005, OF THE KERALA STATE ELECTRICITY BOARD FOR THE YEAR ENDING MARCH 31ST 2005.** - **EXHIBIT P18 TRUE COPY OF THE PROCEEDINGS OF THE CHIEF ENGINEER GIVING THE SANCTIONED STRENGTH, CADRE STRENGTH OF EACH OF THE INSERVICE, OPEN MARKET, DIPLOMA IN CERTIFICATE HOLDER CATEGORIES WORKING STRENGTH AS ON 31/10/1999.** W.P.(C).Nos.25345/2018 & con.cases 78 **EXHIBIT P19** - **TRUE COPY OF THE NOTE NO.EBI(A)/AE/ (ELE.)/2002 DATED 5/8/2002 OF THE DEPUTY CHIEF ENGINEER IN CHARGE OF CHIEF ENGINEER (HRM) ADDRESSED TO THE SECRETARY OF THE BOARD.** - **EXHIBIT P20 TRUE COPY OF THE REPRESENTATION DATED 17/3/2018 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT.** - **EXHIBIT P21 TRUE COPY OF THE REPRESENTATION DATED 21/6/2018 SUBMITTED BY THE 1ST PETITIONER.** - **EXHIBIT P22 TRUE COPY OF THE ORDER NO.EBI(A)/AE(ELE) 158/2018 DATED 12/7/2018.** - **EXHIBIT P23 TRUE COPY OF THE LETTER GIVEN BY THE 7TH PETITIONER, TO THE COUNSEL FOR THE PETITIONER, REQUESTING FOR RELINQUISHMENT OF HIS VAKALATH.** - **EXHIBIT P24 TRUE COPY OF THE LETTER GIVEN BY THE 8TH PETITIONER, TO THE COUNSEL FOR THE PETITIONER, REQUESTING FOR RELINQUISHMENT OF HIS VAKALATH.** - **EXHIBIT P25 TRUE COPY OF THE LETTER GIVEN BY THE 9TH PETITIONER, TO THE COUNSEL FOR THE PETITIONER, REQUESTING FOR RELINQUISHMENT OF HIS VAKALATH.** - **EXHIBIT P26 TRUE COPY OF THE LETTER GIVEN BY THE 11TH PETITIONER, TO THE COUNSEL FOR THE PETITIONER, REQUESTING FOR RELINQUISHMENT OF HIS VAKALATH.** - **EXHIBIT P27 TRUE COPY OF THE LETTER GIVEN BY THE 14TH PETITIONER, TO THE COUNSEL FOR THE PETITIONER, REQUESTING FOR RELINQUISHMENT OF HIS VAKALATH.** W.P.(C).Nos.25345/2018 & con.cases 79 **EXHIBIT P28** **EXHIBIT P29** **EXHIBIT P30** **EXHIBIT P31** **EXHIBIT P32** **TRUE COPY OF THE LETTER GIVEN BY THE 15TH PETITIONER, TO THE COUNSEL FOR THE PETITIONER, REQUESTING FOR RELINQUISHMENT OF HIS VAKALATH.** **TRUE COPY OF THE LETTER GIVEN BY THE 17TH PETITIONER, TO THE COUNSEL FOR THE PETITIONER, REQUESTING FOR RELINQUISHMENT OF HIS VAKALATH.** - **TRUE COPY OF THE LETTER GIVEN BY THE 18TH PETITIONER, TO THE COUNSEL FOR THE PETITIONER, REQUESTING FOR RELINQUISHMENT OF HIS VAKALATH.** - **TRUE COPY OF THE LETTER GIVEN BY THE 19TH PETITIONER, TO THE COUNSEL FOR THE PETITIONER, REQUESTING FOR RELINQUISHMENT OF HIS VAKALATH.** **TRUE COPY OF THE LETTER GIVEN BY THE 20TH PETITIONER, TO THE COUNSEL FOR THE PETITIONER, REQUESTING FOR RELINQUISHMENT OF HIS VAKALATH.** W.P.(C).Nos.25345/2018 & con.cases 80 ## **APPENDIX OF WP(C) 23856/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE CIRCULAR NO.EB/GR.3/AE/2001 DATED 19/10/2001 ISSUED BY THE 3RD RESPONDENT.** - **EXHIBIT P2 TRUE COPY OF THE CIRCULAR NO.EB/GR. 3/10% AE (ELE) 01 DATED 30/4/2002** **EXHIBIT P3 TRUE COPY OF THE CIRCULAR ISSUED BY THE 3RD RESPONDENT DATED 1/6/2002** - **EXHIBIT P4 TRUE COPY OF THE CIRCULAR DATED 10/6/2002 ISSUED BY THE BOARD.** - **EXHIBIT P5 TRUE COPY OF THE NOTE OF THE 3RD RESPONDENT DATED 5/8/2002.** - **EXHIBIT P6 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 15/6/2004** - **EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 21/6/2005 IN WPC NO. 22628/2003** - **EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 12/7/2006 IN WA NO. 2564/2005** - **EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 21/6/2007 IN WA NO. 2564/2005** - **EXHIBIT P10 TRUE COPY OF THE ORDER NO EBI(A)/AE/ (ELE) 158/2007 DATED 5/11/20107** - **EXHIBIT P11 TRUE COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT DATED 22/8/2008** - **EXHIBIT P12 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT AS NO.EBI(A)/AE(ELE)/158/2008 DATED 17/9/2008** W.P.(C).Nos.25345/2018 & con.cases 81 **EXHIBIT P13** **TRUE COPY OF THE JUDGMENT DATED 17/6/2009 IN R.P.NO. 1099/2008 IN WPC NO.33726/2005 AND R.P.NO.902/2008 IN WPC NO. 33749/2005** **EXHIBIT P14 TRUE COPY OF THE ORDER DATED 1/5/2017 IN SPECIAL LEAVE TO APPEAL NO.20974/2009 AND CONNECTED S.L.P.S** **EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 28/5/2018 IN WA NO. 646/2017** **EXHIBIT P16 TRUE COPY OF THE JUDGMENT DATED 29/7/2013 IN WPC NO. 15208/2011** - **EXHIBIT P17 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 26/11/2013** **EXHIBIT P18 TRUE COPY OF THE ORDER NO. EB1/AE(E)/10%QUOTQA/2015 DATED 6/1/2016 ISSUED BY THE 3RD RESPONDENT.** **EXHIBIT P19 TRUE COPY OF THE JUDGMENT DATED 20/01/2017 IN WPC NO. 3655/2016** **EXHIBIT P20 TRUE COPY OF THE ORDER NO. EBI/ (A)/AE(ELE)/158/2018 DATED 12/7/2018 ISSUED BY THE 3RD RESPONDENT.** W.P.(C).Nos.25345/2018 & con.cases 82 ## **APPENDIX OF WP(C) 23939/2018** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE ORDER DATED 1/1/2005.** **EXHIBIT P2** **TRUE COPY OF THE ORDER DATED 17/9/2008 REGULARISING THE SERVICE OF THE PETITIONER AS ASSISTANT ENGINEER (ELECTRICAL).** **EXHIBIT P3 TRUE COPY OF THE LIST OF EMPLOYEES WHO HAVE SUBMITTED APPLICATION CONSEQUENT TO THIS OFFICE LETTER NO.EBI(A)/AE(ELE)/10% QUOTA DATED 16/11/2017 PREPARED BY THE KSEB.** **EXHIBIT P4 TRUE COPY OF THE ORDER DATED 12/7/2018 DIRECTING TO REVERT THE PETITIONER AS ASSISTANT ENGINEER (ELECTRICAL).** **EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 14/12/2007 IN WP(C) 33421/2007 EXCEPT THE APPENDIX PAGE.** **EXHIBIT P6 TRUE A COPY OF THE LIST OF PERSONS INCLUDED IN ANNEXURE A OF EXT.P4 OVERLOOKING THE CLAIM OF THE PETITIONER.** **EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 5/8/2002 ISSUED BY THE 3RD RESPONDENT.** W.P.(C).Nos.25345/2018 & con.cases 83 ## **APPENDIX OF WP(C) 24379/2018** ## **PETITIONER'S/S EXHIBITS:** **EXT.P1 TRUE COPY OF THE ORDER DATED 24/6/03 ISSUED BY THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, SHORNOR.** **EXT.P2 TRUE COPY OF BACHELOR OF TECHNOLOGY IN ELECTRONIC ENGINEERING CERTIFICATE ISSUED TO THE PETITIONER FROM THE COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY. EXT.P3 TRUE COY OF THE COPY OF THE ORDER DATED 15/6/2004 ISSUED BY THE 3RD RESPONDENT. EXT.P4 TRUE COPY OF THE ORDER OF B.O.(CM) NO.2090/2008 (LAS.1/9147/2005) DATED 22.8.08** **EXT.P5 TRUE COY OF THE ORDER NO.EBI (A) AE(E;EC) 158/2008 DATED 17/9/08 EXT.P6 TRUE COPY OF THE JUDGMENT DATED 19.11.08 IN WPC.34063/2008 EXCLUDING APPENDIX PAGE. EXT.P7 TRUE COPY OF OTHE ORDER NO.EBI(A) A.E. (E) WPC 34063/08 DATED 22.1.09 EXT.P8 TRUE COPY OF THE JUDGMENT DATED 14.1.10 IN WPC NO.11764/09** **EXT.P9 TRUE COPY OF THE COMMUNICATION DATED 14/2/14 ISSUED BY THE CHIEF ENGINEER 9HRM) TO THE DEPUTY SECRETARY TO CHIEF MINISTER, PUBLIC REDRESS GRIEVANCE CELL.** **EXT.P10 TRUE COPY OF THE ADVICE MEMO ISSUED BY THE PSC ON 1.3.07 EXT.P11 TRUE COPY OF THE JUDGMENT DATED 4.7.18 IN WPC.8528/14** W.P.(C).Nos.25345/2018 & con.cases 84 ## **EXT.P12** **EXT.P13** **TRUE COPY OF THE LIST OF EMPLOYEES WHO HAVE SUBMITTED APPLICATION CONSEQUENT TO THIS OFFICE LETTER NO.EB1 (A) /AE (ELE) 10% QUOTA DATED 16/11/17 PREPARED BY THE KSEB.** **TRUE COPY OF THE ORDER 12/7/18.** W.P.(C).Nos.25345/2018 & con.cases 85 ## **APPENDIX OF WP(C) 25345/2018** ## **PETITIONER'S/S EXHIBITS:** **EXT.P1: TRUE COPY OF THE ORDER NO.EB.19A)/AE(ELE)/158/2007 DATED 05/11/2007 OF THE 3RD RESPONDENT** **EXT.P2: TRUE COPY OF THE JUDGMENT DATED 21/06/2005 INWPC.NO.22628/2003 OF THIS HON'BLE COURT EXT.P3: TRUE COPY OF THE JUDGMENT DATED 12/06/2006 IN W.A.NO.2564/2005 OF THIS HON'BLE COURT EXT.P4: TRUE COPY OF THE JUDGMENT DATED 17/06/2009 IN R.P.NO.902/2008 EXT.P5: TRUE COPY OF THE B.O.NO,.389/99 (LASI/3584/92) DATED 12/02/1999 EXT.P6: TRUE COPY OF JUDGMENT DATED 03/06/2009 IN WPC.NO.29001/2008 OF THIS HON'BLE COURT EXT.P7: TRUE COPY OF THE ORDER DATED 01/05/2017 PASSED BY THE HON'BLE SUPREME COURT OF INDIA EXT.P8: TRUE COPY OF THE RELEVANT EXTRACT OF ANNUAL ADMINISTRATION REPORT 2004-2005 PUBLISHED BY THE KSEB. EXT.P9: TRUE COPY OF THE LETTER NO.EB1(A)/AE(ELE)/10% QUOTA DATED 16/11/2017** **EXHIBIT P10: TRUE COPY OF THE LETTER NO.EBI(A)/AE(ELE)/10% QUOTA DATED 09/03/2018 ALONG WITH THE RELEVANT EXTRACT OF THE APPENDED LIST** W.P.(C).Nos.25345/2018 & con.cases 86 **EXHIBIT P11: TRUE COPY OF THE ORDER NO.EBI(A)/AE(ELE)/158/2018 DATED 12/07/2018 OF THE 3RD RESPONDENT ALONG WITH ANNEXURES A TO C ATTACHED THERETO** **EXHIBIT P12: TRUE COPY OF THE REPRESENTATION DATED 16/07/2018 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT** **EXHIBIT P13: TRUE COPY OF THE NOTE NO.EBI(A)/AE/ (ELE)/2002 DATED 05/08/2002 OF THE 3RD RESPONDENT** **EXT.P14: TRUE COPY OF THE ORDER NO.EB/GR.3/CADRE STRENGH/03 DATED 27/11/2004, ISSUED BY THE 3RD RESPONDENT** **EXT.P15: TRUE COPY OF THE LETTER NO.EB1/AE(ELE/INCUMBENCY/05 DATED 08/02/2005.** W.P.(C).Nos.25345/2018 & con.cases 87 ## **APPENDIX OF WP(C) 27905/2018** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE BOARD ORDER DATED 09.12.1970 OF THE 2ND RESPONDENT.** **EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER DATED 21.03.1990. EXHIBIT P3 TRUE COPY OF THE BOARD ORDER DATED 10.04.1990. EXHIBIT P4 TRUE COPY OF THE CIRCULAR NO.EB1(A)/AE(E)/TEMP./2004/475 DATED 17.05.2004 OF THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE GOVERNMENT ORDER DATED 01.02.2005. EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN W.P.NO.22628 OF 2003 DATED 21.06.2005. EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN W.P.NO.7622 OF 2006 AND CONNECTED CASES DATED 11.08.2006. EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.A.NO.2564 OF 2005 DATED 21.06.2007. EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN R.P.NO.1099 OF 2008 IN W.P.NO.33726 OF 2005 DATED 17.06.2009. EXHIBIT P10 TRUE COPY OF THE BOARD ORDER DATED 12.02.1999. EXHIBIT P11 TRUE COPY OF THE ORDER OF 1ST RESPONDENT BOARD DATED 12.07.2018.** W.P.(C).Nos.25345/2018 & con.cases 88 ## **APPENDIX OF WP(C) 29435/2018** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE G.O(MS) 13/90/FD DATED 21/03/1990** **EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN O.P. 3291/1992** **EXHIBIT P3 TRUE COPY OF THE ORDER B.O (FB) 927/2004 (LASI/15882/2003) DATED 15/04/2004 OF THE BOARD** **EXHIBIT P4 TRUE COPY OF THE CIRCULR NO. EB 1 (a)/AE(E)/TEMP/2004/475 DATED 17/05/2004 OF THE 2ND RESPONDENT** **EXHIBIT P5 TRUE COPY OF THE BOARD ORDER NO. EB1 (a)/AE(ELE)/158/2004 DATED 15/06/2004** - **EXHIBIT P6 TRUE COPY OF THE BOARD ORDER NO. EB 1 (a)/AE (ELE)/158/2005 DATED 01/01/2005** - **EXHIBIT P7 TRUE COPY OF THE G.O(MS) 2/05/PD DATED 01/02/2005** **EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 21/06/2005 IN W.P(C) 2628/2003** **EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 12/7/2006 IN W.A 2564/2005** **EXHIBIT P10 TRUE COPY OF THE COMMON JUDGMENT DATED 12/07/20P6 IN W.P(C) 1382/2005, 33726/2005 AND 33749/2005** **EXHIBIT P11 TRUE COPY OF THE ORDER DATED 23/01/2007 IN R.P 847/2006 IN W.A 2564/2005** **EXHIBIT P12 TRUE COPY OF THE ORDER DATED 02/04/2007 IN S.L.P 5478/2007 OF THE HONOURABLE SUPREME COURT** 89 W.P.(C).Nos.25345/2018 & con.cases **EXHIBIT P13 TRUE COPY OF THE COUNTER AFFIDAVIT FILED ON BEHALF OF THE RESPONDENTS 15 TO 19 IN W.A 2564/2005 WITHOUT EXHIBITS** - **EXHIBIT P14 TRUE COPY OF THE ADDITIONAL COUNTER AFFIDAVIT FILED ON BEHALF OF THE RESPONDENTS 15 TO 19 IN W.A 2564/2005, WITHOUT EXHIBITS** - **EXHIBIT P15 TRUE COPY OF THE ARGUMENT NOTE FILED ON BEHALF OF THE RESPONDENTS 15 TO 19 IN W.A 2564/2005** - **EXHIBIT P16 TRUE COPY OF THE JUDGMENT DATED 21/06/2007 IN W.A 2564/2005** - **EXHIBIT P17 TRUE COPY OF THE JUDGMENT DATED 05/11/2007 IN C.O.C 1544/2007** - **EXHIBIT P18 TRUE COPY OF THE ORDER NO. EB 1 (a)AE (ELE)/158/2007 DATED 05/11/2007 OF THE RESPONDENTS 1 AND 2** - **EXHIBIT P19 TRUE COPY OF THE ORDER DATED 07/04/2008 IN R.P. 427/2008 IN C.C.C. 1170/2007** - **EXHIBIT P20 TRUE COPY OF THE ORDER DATED 30/11/2007 IN I.A 15546/2007 IN W.P(C) 33726/2005** - **EXHIBIT P21 TRUE COPY OF THE ORDER DATED 30/11/2007 IN I.A 15586/2007 IN W.P(C) 33749/2005** - **EXHIBIT P22 TRUE COPY OF THE NOTICE DATED 05/12/2007 SENT BY THE 2ND PETITIONER IN W.P(C) 33749/2005 TO THE RESPONDENTS 1 AND 2** **EXHIBIT P23 TRUE COPY OF THE JUDGMENT DATED 12/06/2008 IN C.C.C. 658/2008** **EXHIBIT P24 TRUE COPY OF THE BOARD ORDER B.O (CM) 2090/2008 (LAS/1/9147/2005) DATED 22/08/2008** W.P.(C).Nos.25345/2018 & con.cases 90 - **EXHIBIT P25 TRUE COPY OF THE ORDER NO. EB 1 (a)/AE (ELE)/158/2008 DATED 17/09/2008 OF THE 2ND RESPONDENT** - **EXHIBIT P26** - **TRUE COPY OF THE ORDER NO. EB1 (a)/AE (ELE) 158/2008 DATED 18/09/2008 OF THE 2ND RESPONDENT** - **EXHIBIT P27 TRUE COPY OF THE R.P. 902/2008 IN W.P(C) 33726/2005 FILED BY THE 8TH RESPONDENT HEREIN** - **EXHIBIT P28 TRUE COPY OF THE R.P 1099/2008 IN I.A 15546/2007 IN W.P(C) 33726/2005 FLIED BY THE RESPONDENTS 5 AND 10 HEREIN** - **EXHIBIT P29 TRUE COPY OF THE COUNTER AFFIDAVIT WITHOUT EXHIBITS, FILED BY THE 5TH PETITIONER HEREIN, IN IN R.P 902/2008 IN W.P(C) 33726/2005** - **EXHIBIT P30** - **TRUE COPY OF THE COMMON JUDGMENT DATED 17/06/2009 IN R.P 902/2008, R.P. 1099/2008 AND R.P 242/2008 AND CONNECTED CASES** - **EXHIBIT P31 TRUE COPY OF THE JUDGMENT DATED 29/07/2013 IN W.P(C) 15208/2011** - **EXHIBIT P32 TRUE COPY OF THE ORDER NO. EB1/AE(E)/10% QUOTA DATED 06/01/2016 OF THE 2ND RESPONDENT** - **EXHIBIT P33 TRUE COPY OF THE RELEVANT EXTRACT OF THE SENIORITY LIST AE(E) IN THE 10% QUOTA APPENDED TO EXHIBIT-P32 ORDER** - **EXHIBIT P34 TRUE COPY OF THE JUDGMENT DATED 26/09/2016 IN W.P(C) 5312/2014** - **EXHIBIT P35 TRUE COPY OF THE LETTER NO. EB1(a)/AE(ELE)/10% QUOTA DATED 16/11/2017 OF THE 2ND RESPONDENT** W.P.(C).Nos.25345/2018 & con.cases 91 - **EXHIBIT P36 TRUE COPY OF THE LETTER NO. EB1(a)/AE (ELE)/10% QUOTA DATED 09/03/2018 OF THE 2ND RESPONDENT ALONG WITH THE ANNEXURES APPENDED TO IT** - **EXHIBIT P37 TRUE COPY OF THE COMMON JUDGMENT DATED 28/05/2018 IN ZRP 29/2017 (IN RP 902/2008), ZRP 28/2017 (IN RP 1099/2008) IN W.P(C) 33726/2005, ZRP 28/2017 (IN RP 242/2008) IN W.P(C) 33749/2005 AND W.A 646/2017** - **EXHIBIT P38 TRUE COPY OF THE REPRESENTATION DATED 17/03/2018 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT** - **EXHIBIT P39 TRUE COPY OF THE REPRESENTATION DATED 21/06/2018 SUBMITTED BY THE 1ST PETITIONER** - **EXHIBIT P40 TRUE COPY OF THE ORDER NO. EB1 (a)/AE(ELE)/158/2018 DATED 12/07/2018** - **EXHIBIT P41 TRUE COPY OF THE RELEVANT EXTRACT OF THE LIST OF ENGINEERING GRADUATES WORKING BELOW THE CATEGORY OF ASSISTANT ENGINEER (ELECTRICAL) AS ON 01/11/2007, PREPARED BY THE KERALA STATE ELECTRICITY BOARD** - **EXHIBIT P42 TRUE COPY OF THE NOTIFICATION DATED 28/02/2011, PUBLISHED BY THE PUBLIC SERVICE COMMISSION, CONTAINING THE LIST OF CANDIDATES ELIGIBLE FOR APPOINTMENT BY TRANSFER TO THE POST OF ASSISTANT ENGINEER (ELECTRICAL)** - **EXHIBIT P43 TRUE COPY OF THE ORDER DATED 06/08/2018 OF THE HONOURABLE APEX COURT IN S.L.P(C) 20117-20119/2018** - **EXHIBIT P44 TRUE COPY OF THE CIRCULAR NO. EB/GR3/10% AE (ELE) 2002/01-06-2002 ISSUED BY THE BOARD** W.P.(C).Nos.25345/2018 & con.cases 92 ## **EXHIBIT P45** **TRUE COPY OF THE LIST OF THE EMPLOYEES, WHO HAD SUBMITTED APPLICATIONS CONSEQUENT TO EXHIBIT-P35 LETTER, ANNEXED TO EXHIBIT-P36 LETTER** W.P.(C).Nos.25345/2018 & con.cases 93 ## **APPENDIX OF WP(C) 38125/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE BOARD ORDER NO.EB.IV17426/70 DATED 9.12.1970.** **EXHIBIT P2** - **TRUE COPY OF THE AMENDED GOVERNMENT ORDER G.O.MS.13/90 FD DATED 21.3.1990.** - **EXHIBIT P3** - **TRUE COPY OF THE BOARD ORDER B.O.NO.IST/84/88 (18) DATED 10.4.1990.** - **EXHIBIT P4** - **TRUE COPY OF THE B.TECH-AMIE DEGREE CERTIFICATE ISSUED TO THE 1ST PETITIONER DATED 20.9.2002.** - **EXHIBIT P5 TRUE COPY OF THE B.TECH/AMIE DEGREE MARK LIST ISSUED TO THE 2ND PETITIONER DATED 1.1.2003..** - **EXHIBIT P6 TRUE COPY OF THE B.TECH/AMIE DEGREE MARK LIST ISSUED TO THE 3RD PETITIONER.** - **EXHIBIT P7 TRUE COPY OF THE B.TECH/AMIE DEGREE MARK LIST ISSUED TO THE 4TH PETITIONER DATED 14.3.1991.** - **EXHIBIT P8 TRUE COPY OF THE B.TECH/AMIE DEGREE MARK LIST ISSUED TO THE 5TH PETITIONER DATED 24.3.1990.** - **EXHIBIT P9 TRUE COPY OF THE B.TECH/AMIE DEGREE MARK LIST ISSUED TO THE 6TH PETITIONER DATED 12.8.1991.** - **EXHIBIT P10 TRUE COPY OF THE B.TECH/AMIE DEGREE CERTIFICATE ISSUED TO THE 7TH PETITIONER DATED 14.6.1989.** **EXHIBIT P11 TRUE COPY OF THE B.TECH/AMIE DEGREE MARK LIST ISSUED TO THE 8TH PETITIONER DATED 24.3.1990.** W.P.(C).Nos.25345/2018 & con.cases 94 **EXHIBIT P12 TRUE COPY OF THE B.TECH/AMIE DEGREE MARK LIST ISSUED TO THE 9TH PETITIONER** - **EXHIBIT P13 TRUE COPY OF THE B.TECH/AMIE DEGREE MARK LIST ISSUED TO THE 10TH PETITIONER.** - **EXHIBIT P14 TRUE COPY OF THE CIRCULAR NO.EB 1 (A)/AE (E)/TEMP/2004/475 DATED 17.5.2004.** - **EXHIBIT P15 TRUE COPY OF THE ORDER NO.EBI (A)/AE (ELE.)/158/2004 DATED 15.6.2004 ISSUED BY THE 3RD RESPONDENT APPOINTING THE PETITIONERS AS ASSISTANT ENGINEER (ELECTRICAL).** - **EXHIBIT P16 TRUE COPY OF THE GOVERNMENT ORDER G.O. (MS)NO.2/05/PD DATED 1.2.2005.** - **EXHIBIT P17 TRUE COPY OF THE JUDGMENT DATED 21.6.2005 IN W.P.(C) NO.22628/2003.** - **EXHIBIT P18 TRUE COPY OF THE JUDGMENT DATED 11.8.2006 IN W.P.(C)NO.7622/2006.** - **EXHIBIT P19 TRUE COPY OF THE JUDGMENT DATED 21.6.2007 IN WRIT APPEAL NO.2564/2005.** - **EXHIBIT P20 TRUE COPY OF THE JUDGMENT DATED 17.6.2009 IN R.P.NO.1099/2008, R.P.NO.902/2008 AND R.P.NO.242/2008.** - **EXHIBIT P21 TRUE COPY OF THE ORDER NO.EB/GR/3/CADRE STRENGTH/03 DATED 27.11.2004, ISSUED BY THE 3RD RESPONDENT ALONG WITH THE APPENDED SENIORITY LIST.** - **EXHIBIT P22 TRUE COPY OF THE LETTER NO.EBI/AE (ELE.)/INCUMBENCY/05 DATED 8.2.2005.** - **EXHIBIT P23 TRUE COPY OF THE BOARD ORDER NO.EB1(A)/AE (ELE.)/158/2008 DATED 17.9.2008.** W.P.(C).Nos.25345/2018 & con.cases 95 **EXHIBIT P24** **TRUE COPY OF THE BOARD ORDER NO.389/99 (LASI/3584/92) DATED 12.2.1999 REVERTING THE PETITIONERS.** **EXHIBIT P25** **TRUE COPY OF THE BOARD ORDER NO.EB1(A)/AE(ELE.)/158/2018 DATED 12.7.2018 REVERTING THE PETITIONERS.** **EXHIBIT P26** **TRUE COPY OF THE JUDGMENT DATED 19/01/2005 IN O.P. NO.8816/2003.** **RESPONDENT'S/S EXHIBITS:** - **EXHIBIT R16(A) TRUE COPY OF THE JUDGMENT DATED 17/08/1998 IN O.P.NO.3291/1992 OF THIS HON'BLE COURT.** **EXHIBIT R16(B) TRUE COPY OF THE JUDGMENT DATED 21/06/2007 OF THIS HON'BLE COURT IN WA NO.2564/2005.** **EXHIBIT R16(C) TRUE COPY OF THE JUDGMENT DATED 29/07/2013 OF THIS HON'BLE COURT IN WPC NO.15208/2011. EXHIBIT R16(D) TRUE COPY OF THE JUDGMENT DATED 26/09/2016 OF THIS HON'BLE COURT IN WPC NO.5312/2014. EXHIBIT R16(E) TRUE COPY OF THE JUDGMENT DATED 25/01/2017 OF THIS HON'BLE COURT IN WA NO.1605/2015.** W.P.(C).Nos.25345/2018 & con.cases 96 ## **APPENDIX OF WP(C) 38279/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **A TRUE COPY OF THE PROCEEDINGS NO. EBI (A)/AE9ELE)/158/2018 DATED 12.07.2018 ISSUED BY THE 3RD RESPONDENT.** - **EXHIBIT P2 A TRUE COPY OF THE BOARD ORDER B.O NO. EC IV-17428/70 DATED TRIVANDRUM 9.12.1970** - **EXHIBIT P3 A TRUE COPY OF THE LETTER NO. EB I(A)/158/99 DATED 3/12/1999 ISSUED BY THE 3RD RESPONDENT.** - **EXHIBIT P4 A TRUE COPY OF THE GRADATION LIST NO. EB/GR.3/CADRE STRENGTH/03 DATED TRIVANDRUM, 27/11/2004. OF ASSISTANT ENGINEERS.** - **EXHIBIT P5 A TRUE COPY OF THE LETTER DATED 31/08/2006 ISSUED BY THE STATE INFORMATION OFFICEER ALONG WITH A LEGIBLE TRANSCRIBED COPY.** - **EXHIBIT P6 A TRUE COPY OF THE CIRCULAR NO. KB/GR.3/AE/2001 DATED 19/10/2001 ISSUED BY THE 3RD RESPONDENT.** - **EXHIBIT P7 A TRUE COPY OF THE CIRCULAR NO. EB/GR3/10% AE(ELE)/2002 DATED 01/06/2002 ISSUED BY THE DEPUTY CHIEF ENGINEER (HRM) IN -CHARGE OF THE 3RD RESPONDENT OFFICE.** **EXHIBIT P7 A A TRUE COPY OF THE REVISED CIRCULAR NO. EB/GR3/10% AE (ELE)/2002 DATED 10/06/2002 ISSUED BY THE DEPUTY CHIEF ENGINEER (HRM) IN -CHARGE OF THE 3RD RESPONDENT OFFICE.** W.P.(C).Nos.25345/2018 & con.cases 97 - **EXHIBIT P8 A TRUE COPY OF THE NOTE NO. EB1(A) /AE (ELE)/2002 DATED 05.08.2002 OF THE DEPUTY CHIEF ENGINEER (HRM) IN CHARGE OF THE 3RD RESPONDENT OFFICE.** - **EXHIBIT P9 A TRUE COPY OF THE JUDGMENT DATED 21/6/2005 IN THE WP(C) 22628/2003.** - **EXHIBIT P10 A TRUE COPY OF THE COMMON JUDGMENT DATED 21.6.2007 IN WP(C) 33726/2005 AND WP(C) 33749/2005** - **EXHIBIT P11 A TRUE COPY OF THE RELEVANT PAGES OF THE ORDER NO. EB1(A)/AE (ELE)/158/2008 DATED 17/09/2008 ISSUED BY THE 3RD RESPONDENT.** - **EXHIBIT P12 A TRUE COPY OF THE JUDGMENT DATED 17/6/2009 IN RP NO. 1099 AND CONNECTED CASES.** - **EXHIBIT P13 A TRUE COPY OF THE JUDGMENT DATED 25/01/2017 IN WRIT APPEAL 1605/2015 BY THE HON'BLE COURT.** - **EXHIBIT P14 A TRUE COPY OF THE JUDGMENT DATED 20.01.2017 IN WP(C) NO. 3655/2016** - **EXHIBIT P15 A TRUE COPY OF THE JUDGMENT DATED 28/5/2018 IN WRIT APPEAL 646/2017 BY THE HON'BLE COURT.** - **EXHIBIT P16 A TRUE COPY OF THE RELEVANT PAGES OF SERVICE BOOK OF PETITIONER.** - **EXHIBIT P17 A TRUE COPY OF THE JUDGMENT DATED 18/12/2006 IN WA NO.2349/2006.** - **EXHIBIT P18 A TRUE COPY OF GO(MS0 13/90/PD DATED 21/03/1990 BY SECRETARY TO GOVERNMENT, STATE OF KERALA.** 98 W.P.(C).Nos.25345/2018 & con.cases **EXHIBIT P19 A TRUE COPY OF THE BOARD ORDER [B.O. NO.689/99 (LAS1/3584/92)] DATED 12/02/1999.** W.P.(C).Nos.25345/2018 & con.cases 99 ## **APPENDIX OF WP(C) 41387/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE BOARD ORDER NO.EB 1(A)/AE (ELEC)/158/2007 DATED 5/11/2007 OF THE THIRD RESPONDENT** - **EXHIBIT P2 TRUE COPY BOARD ORDER NO.EB 1(A)/AE (ELEC)/158/2004 DATED 15-6-2004 OF THE THIRD RESPONDENT** - **EXHIBIT P3 TRUE COPY OF THE BOARD ORDER NO.EB 1(A)/AE (ELEC)/158/2005 DATED 1-1-2005 OF THE THIRD RESPONDENT** - **EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.22628 OF 2003 DATED 21.6.2005 OF THIS HONOURABLE COURT** - **EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WRIT APPEAL NO.2564 OF 2005 DATED 21.6.2007** - **EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN R.P.NO.242 OF 2008 IN W.P(C) 33749 OF 20054 DATED 17.9.2008** - **EXHIBIT P7 TRUE COPY OF THE BOARD ORDER NO.EB 1(A)/AE (ELEC)/158/2008 DATED 17/9/2008 OF THE THIRD RESPONDENT** - **EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.P(C0 NO.29001 OF 2008 DATED 3.7.2009 OF THIS HONOURABLE COURT** - **EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.P(C) NO. 15208 OF 2011 DATED 29.7.2013 OF THIS HONOURABLE COURT** **EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.5312 OF 2014 DATED 26.9.2016 OF THIS HONORUABLE COURT** W.P.(C).Nos.25345/2018 & con.cases 100 **EXHIBIT P11 TRUE COPY OF THE ORDER IN SLP NO.20974 OD 2009 DATED 1-5-2017 OF THE HONOURABLE SUPREME COURT OF INDIA** **EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN W.A.NO.646 OF 2017 DATED 28.5.2018 OF THIS HONOURABLE COURT** **EXHIBIT P13 TRUE COPY OF THE BOARD ORDER NO.EB 1(A)/AE (ELEC)/158/2018 DATED 12/7/2018 OF THE THIRD RESPONDENT** W.P.(C).Nos.25345/2018 & con.cases 101 ## **APPENDIX OF WP(C) 5160/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A COPY OF THE ORDER DATED 1.1.2005.** **EXHIBIT P2 A COPY OF THE ORDER DATED 17.9.2008. EXHIBIT P3 A COPY OF THE ORDER DATED 15.6.2004. EXHIBIT P4 A COPY OF THE PROMOTION ORDER CM NO. 2090/2008 (LAS-1/9147/2005 DATED 22.8.2008.** **EXHIBIT P5 A COPY OF THE ORDER DATED 22.1.2009. EXHIBIT P6 A COPY OF THE ADVICE MEMO ISSUED BY THE** **A COPY OF THE ADVICE MEMO ISSUED BY THE PSC ON 1.3.2007.** **EXHIBIT P7 A COPY OF THE ORDER DATED 12.7.2018 DIRECTING TO REVERT THE PETITIONER AS SUB ENGINEER ELECTRICAL.** **EXHIBIT P8 A COPY OF THE ORDER DATED 12.7.2018 DIRECTING TO REVERT THE PETITIONER AS SUB ENGINEER ELECTRICAL.** **EXHIBIT P9** **A COPY OF THE JUDGMENT DATED 25.7.2018 WRIT APPEAL NO. 1564/2018.** **EXHIBIT P10** **A COPY OF THE ORDER NO. EBI/AEAEE/ELE/TEMPORARY PROMOTION/2018-19 DATED 10.1.2019 TOGETHER WITH ANNEXURE.** **EXHIBIT P11 A COPY OF THE SENIORITY LIST OF ASSISTANT ENGINEER ELECTRICAL UNDER 40% QUOTA.** **EXHIBIT P12** **A COPY OF THE STAFF STRENGTH UNDER THE JUNIORS WING OF KSEB AS ON 1.12.2016** True copy PS to Judge