Rajagopalan.R. v. Kerala State Electricity Board

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 6TH DAY OF AUGUST 2015/15TH SRAVANA, 1937 WP(C).No. 20916 of 2013 (L) --------------------------------------- PETITIONER(S):

-------------------------- RAJAGOPALAN.R.

S/O. LATE RAMANKUTTY NAIR, SENIOR ASSISTANT KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION KOLLAM.

BY ADVS.SMT.S.SIMY SRI.S.KANNAN SMT.K.S.SANGEETHA RESPONDENT(S):

----------------------------

1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECVRETARY, VYDYUTHI BHAVANAM PATTOM, THIRUVANANTHAPURAM-695004.

2. THE CHIEF ENGINEER(HRM) KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM PATTOM, THIRUVANANTHAPURAM-695004.

3. THE DEPUTY CHIEF ENGINEER KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE KOLLAM-691001.

4. VIJAYAN PILLAI, SENIOR ASSISTANT, KERALA STATE ELECTRICITY BOARD ELECTRICAL SECTION, SOORANADU.

5. USHA KUMARY.R.T SENIOR ASSISTANT, KERALA STATE ELECTRICITY BOARD ELECTRICAL DIVISION, KOLLAM-691001.

6. PRINCE.S.

SENIOR ASSISTANT, KERALA STATE ELECTRICITY BOARD ELECTRICAL SECTION, KADAPPAKKADA.

7. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION KOLLAM.

R1,2,3,7 BY ADV. SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 20916 of 2013 (L) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1.

A TRUE COPY OF THE CERTIFICATE OF DISABILITY ISSUED BY THE MEDICAL BOARD ATTACHED TO THE VOCATIONAL REHABILITATION CENTRE FOR HANDICAPPED, THIRUVANANTHAPURAM.

EXT.P2.

A TRUE COPY OF THE BO (CM) NO. 945/2013 (EB.7/GENERAL TRANSFER/2013), DATED 24-4-13 PRESCRIBING GUIDELINES/NORMS FOR TRANSFERS AND POSTINGS OF OFFICERS.

EXT.P3 AND P[3A TRUE COPIES OF THE SENIORITY LIST PUBLISHED BY THE 2ND RESPONDENT OF SENIOR ASSISTANTS IN KOLLAM AND KOTTARAKKARA STATIONS.

EXT.P4.

A TRUE COPY OF THE APPLICATION DATED 15-3-13 SUBMITTED BY THE PETITIONER.

EXT.P5.

A TRUE COPY OF THE RELEVANT EXTRACT OF ORDER ENDT. ON. EB 3 (B)/ SA/T & P/GT/2013 DATED 31-3-13.

EXT.P6.

A TRUE COPY OF THE INTERIM ORDER DATED 12-8-13 OF THIS HON'BLE IN WRIT PETITION (CIVIL) NO. 19841/13. EXT.P7.

A TRUE COPY OF THE RELEVANT EXTRACT OF ORDER NO. ENDT. ON EB.3(B)/SA/T/&P/GT-AN 1/2013 DATED 14-8-2013 ISSUED BY THE 2ND RESPONDENT.

EXT.P8.

A TRUE COPY OF THE RELEVANT EXTRACT OF PROMOTION ORDER ISSUED BY THE 2ND RESPONDENT DATED 17-3-2001. EXT.P9.

A TRUE COPY OF THE RELEVANT EXTRACT OF DUTIES AND FUNCTIONS OF BOARD STAFF DETAILING DUTIRES AND FUNCTIONS OF CASHIER AND SENIOR ASSISTANT.

EXT.P10.

A TRUE COPY OF ORDER NO. ENDT. ON EB/1/T&P/SA/2013-14/1036, DATED 19-8-2013.

EXT.P11.

A TRUE COPY OF THE REPRESENTATION DATED 21-8-2013 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // True copy // PA to Judge das

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 20916 of 2013 ===================================================== Dated this the 6th day of August, 2015

JUDGMENT

It is submitted by the learned counsel for the petitioner that the petitioner who had a 50% disability and was working as a Senior Assistant and had approached this Court aggrieved by the decision of the respondent reinstating him after disciplinary proceedings as a Cashier which is a lower post, has, during the pendency of the writ petition, been posted as a Senior Assistant by the respondent Board. It is his submission that, in view of this development, the relief sought for in the writ petition stands granted by the respondent and therefore the writ petition has now become infructuous. The said submission is recorded and the writ petition is dismissed as infructuous.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das