High Court of KeralaWP(C)/18871/2015disposed of

K.P. Nataraj v. Kerala State Electricity Board (Kseb)

2015-06-24Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937 WP(C).NO. 18871 OF 2015 (H) ---------------------------- PETITIONER(S):

--------------- K.P. NATARAJ, AGED 48 YEARS,S/O.LATE K.A.PAPU ASSISTANT EXECUTIVE ENGINEER, APDRP CONSTRUCTION DIVISION, POWER HOUSE BUILDING, THIRUVANANTHAPURAM-695036 RESIDING AT TC 91/145/1, KARIKKAKAM P.O., THIRUVANANTHAPURAM-695021 BY ADVS.SRI.NIDHI BALACHANDRAN SRI.D.JAYAKRISHNAN RESPONDENT(S):

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

1. KERALA STATE ELECTRICITY BOARD (KSEB)LTD. REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, VYDYUTHIBHAVANAM, PATTOM, THIRUVANANTHAPURAM-695004

2. THE SECRETARY (ADMINISTRATION) AND CONVENOR, DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) FOR TECHNICAL OFFICERS (ELECTRICAL) KERALA STATE ELECTRICITY BOARD (KSEB) LTD, VYDYUTHIBHAVANAM, PATTOM, THIRUVANANTHAPURAM-695004 BY SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO. 18871 OF 2015 (B) APPENDIX PETITIONER'S EXHIBITS:

EXT.P1: TRUE COPY OF LETTER NO.ESTT.III/DPC//2015 DATED 16.12.2014 EXT.P2: TRUE COPY OF SELECT LIST BO(FTD) NO.290/2015 (ESTT.III/DPC//2015) DATED 03.02.2015 EXT.P3: TRUE COPY OF JUDGMENT DATED 16.03.2015 IN CC 94/2008 EXT.P4: TRUE COPY OF REPRESENTATION DATED 29.05.2015 EXT.P5: TRUE COPY OF ORDER NO.BO(FTD) NO.1485/2015 (ESTT.III/1611/2015) DATED 17.06.2015 EXT.P6: TRUE COPY OF REPRESENTATION DATED 22.06.2015 RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P A TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. W.P.(C).No.18871 of 2015 ............................................................. Dated this the 24th day of June, 2015

JUDGMENT

The petitioner, who is an Assistant Executive Engineer, is aggrieved by the fact that he was not included in the select list to the post of Executive Engineer. It is his specific case in the writ petition that, while there was an enquiry against him earlier, he was since acquitted by Ext.P3 judgment, and therefore, as of today, there is no bar in considering him for the promotion. Highlighting his grievance, the petitioner has preferred Exts.P4 and P6 representation before the 2nd respondent and the limited prayer in the writ petition is for a direction to the 2nd respondent to consider and pass orders on Exts.P4 and P6 representation after hearing the petitioner.

2. I have heard the learned counsel for the petitioner and the learned Standing counsel for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the 2nd respondent to consider and pass orders on Exts.P4 and P6 representation, after hearing the petitioner, within a period of two months from the date of receipt of a copy of

W.P.(C).No.18871 of 2015 this judgment. The petitioner shall produce a copy of the writ petition along with a copy of this judgment before the 2nd respondent for further action.

A.K.JAYASANKARAN NAMBIAR JUDGE mns