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High Court of KeralaWP(C)/31285/2014disposed of

Sherly Thomas v. Kseb

2015-01-19Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 19TH DAY OF JANUARY 2015/29TH POUSHA, 1936 WP(C).No. 31285 of 2014 (I) ---------------------------- PETITIONER(S):

-------------- SHERLY THOMAS SENIOR FAIR COPY ASSISTANT (HIGHER GRADE) GENERATION CIRCLE, KERLA STATE ELECTRICITY BOARD MOOZHIYAR, PATHANAMTHITTA DISTRICT - 689 712. BY ADVS.SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENT(S):

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

1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM PATTOM, THIRUVANANTHAPURAM - 695 004.

2. CHIEF ENGINEER (HRM) KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM PATTOM, THIRUVANANTHAPURAM - 695 004.

3. DEPUTY CHIEF ENGINEER GENERATION CIRCLE, MOOZHIYAR PATHANAMTHITTA DISTRICT - 689 712.

R1-R3 BY ADV. SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31285 of 2014 (I) APPENDIX PETITIONER(S)' EXHIBITS:

----------------------- EXHIBIT P1: TRUE PHOTOSTAT COPY OF THE ABOVE ORDER OF THE CHIEF ENGINEER (HRM), K.S.E.BOARD, THIRUVANANTHAPURAM, DATED 04/02/2002. EXHIBIT P2: TRUE PHOTOSTAT COPY OF THE JUDGMENT IN O.P.NO. 33514 OF 2002, DATED 17/07/2003.

EXHIBIT P3: TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE GRADATION LIST OF SENIOR FAIR COPY ASSISTANTS AS ON 01/02/2014. EXHIBIT P4: TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY CHIEF ENGINEER, GENERATION CIRCLE, MOOZHIYAR, DATED 10/06/2014.

EXHIBIT P5: TRUE PHOTOSTAT COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 10.07.2014 RESPONDENT(S)' EXHIBITS:

EXHIBIT R2(a):

TRUE COPY OF THE SERVICE BOOK OF THE PETITIONER EXHIBIT R2(b):

TRUE COPY OF THE LETTER DATED 25.04.2014 OF the DEPUTY CHIEF ENGINEER True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.31285 of 2014 ============================ Dated this the 19th day of January, 2015

JUDGMENT

Petitioner was promoted as Senior Fair Copy Assistant in the service of Kerala State Electricity Board with effect from 04.02.2002. The above order was subject matter of challenge before this Court in O.P.No.33514 of 2002. This Court approved the promotion. However, petitioner submits that she is being denied the benefit of judgment made as per Ext.P2.

2.

It appears that there were certain anomalies in the service records with regard to the date of promotion given to the petitioner. In the service records, it was shown that petitioner was promoted to the post of Senior Fair Copy Assistant with effect from 01.08.2000. However, actual date of promotion of the petitioner is with effect from 04.02.2002. Petitioner's grievance is that she is entitled to the benefit of promotion with effect from 04.02.2002 and also for all consequential benefits including seniority, grade promotion etc.

3.

In view of the fact that the order promoting petitioner along with others have been affirmed by this Court by Ext.P2 judgment, I do not find any reason to deny promotion and give other

W.P(C).No.31285 of 2014 benefits to the her with effect from 04.02.2002. Therefore, there shall be a direction to the first respondent to grant promotion to the petitioner as Senior Fair Copy Assistant with effect from 04.02.2002 and give her all benefits including seniority, grade promotion etc. If there were any anomalies in service records, it is always open for the respondents to correct the same after giving due notice to the petitioner.

The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/19/01/15