2025:KER:30040 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 8608 OF 2024 PETITIONER(S): SHAJI.R AGED 54 YEARS ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL SUB DIVISION, ADOOR PATHANAMTHITTA DISTRICT PIN: 691523, RESIDING AT JYOTHIS, MALAMEKARA, ADOOR P.O, PATHANAMTHITTA, PIN – 691523. BY ADV K.M.SATHYANATHA MENON RESPONDENT(S): 1 THE KERALA STATE ELECTRICITY BOARD-LIMITED VYDYUTHIBHAVANAM, PATTOM, THIRUVANANTHAPURAM,REPRESENTED BY ITS SECRETARY., PIN – 695004. 2 THE SECRETARY (ADMINISTRATION) KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHIBHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN – 695004. 3 THE CHIEF ENGINEER (HRM) KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHIBHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN – 695004. 4 LIGIMOLE VARGHESE ( SOUGHT TO BE IMPLEADED ) (SERIAL NO-20) - ( ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUBDIVISION, PONKUNNAM, KOTTAYAM )- 2025:KER:30040 WP(C) NO. 8608 OF 2024 2 DATE OF PROMOTION TO ASSISTANT ENNGINEER- 18.08.2003. ( SOUGHT TO BE IMPLEADED ) 5 SAJIKUMAR K V ( SOUGHT TO BE IMPLEADED ) (SERIAL NO. – 26) (ASSISTANT EXECUTIVE ENGINEER, SUBSTATION SUBDIVISION, VADAKKENCHERY) – DATE OF JOINING AS ASSISTANT ENGINEER – 29.07.1998. ( SOUGHT TO BE IMPLEADED ) 6 BIJU JACOB ( SOUGHT TO BE IMPLEADED ) (SERIAL NO. 28) (ASSISTANT EXECUTIVE ENGINEER, TRANSMISSION SUBDIVISION, EDAPPON, ALAPPUZHA DIST- PIN- 690529) - DATE OF JOINING AS ASSISTANT ENGINEER – 07.09.1998 ( SOUGHT TO BE IMPLEADED ) 7 JYOTHEENDRANATH P ( SOUGHT TO BE IMPLEADED ) (SERIAL NO. – 29) (ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUBDIVISION, TALIPARAMBU, KANNUR DIST, PIN- 670141) – DATE OF JOINING AS ASSISTANT ENGINEER – 07.09.1998 ( SOUGHT TO BE IMPLEADED ) 8 MATHEW KUTTY GEORGE ( SOUGHT TO BE IMPLEADED ) (SERIAL NO. – 30) (ASSISTANT EXECUTIVE ENGINEER, PMU, PALA, KOTTAYAM-686575)– DATE OF JOINING AS ASSISTANT ENGINEER – 07.09.1998 ( SOUGHT TO BE IMPLEADED ) THUSHARA JAMES -SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30040 WP(C) NO. 8608 OF 2024 3 D. K. SINGH, J ---------------------------------------------- WP(C) No. 8608 of 2024 ---------------------------------------------- Dated this the 03rd day of April, 2025 J U D G M E N T The petitioner entered into the service of the Kerala State Electricity Board on 24.02.1990 as Sub Engineer (Electrical). At time of entry into service, the petitioner was having Diploma in Electrical Engineering. While working on the said post the petitioner acquired B.Tech Degree in Electrical and Electronics Engineering on 25.05.1998. 2. The learned counsel for the petitioner submits that his promotion to the next post, i.e., Assistant Engineer, is governed by Rule 5 of the Kerala Engineering Service (General Branch) Service Rules, which reads as follows:" "5. Promotion as Executive and Assistant Executive Engineers.- (a) A person who obtains the AMIE (India) Diploma or a pass in section A & B of the AMIE of the Institution of Engineers (India) in Civil of Mechanical Engineering after appointment as Assistant 2025:KER:30040 WP(C) NO. 8608 OF 2024 4 Executive Engineer shall be eligible for promotion as Executive Engineer only after the claims of all Assistant Executive Engineers who, on the date of his obtaining the AMIE (India) Diploma or a pass in Section A & B of the AMIE of the institution of Engineers (India) in Civil or Mechanical Engineering, possessed the qualification mentioned in item (i) and section A in item (ii) in the Annexure have been considered. (b) Vacancies in the category of Assistant Executive Engineers shall be filled up from among Assistant Engineers in the ratio of 75:20:5 respectively from among -(1) Persons possessing any of the qualifications mentioned in item (i) or in section -A in item (ii) of the Annexure. (2) Those possessing any of the qualifications mentioned in Section B in item (ii) of the Annexure, and (3) Those possessing the Draftsman Certificate of the College of Engineering, Guindy or SMT Overseer's Certificate”. 3. Thus, as per Rule 5(b) of the aforesaid Kerala Engineering Service (General Branch) Service Rules, 1965, the post of Assistant Engineer is to be filled up in the ratio of 75:20:5 from three sources, i.e., (1) persons possessing any of the qualifications mentioned in Section-A, such as a Degree, 2025:KER:30040 WP(C) NO. 8608 OF 2024 5 and (2) those possessing any qualifications mentioned in Section-B, and (3) those possessing the Draftsman Certificate from the College of Engineering, Guindy, or the SMT Overseer’s Certificate. 4. Out of the 50% vacancies that are to be filled by direct recruitment, 10% is reserved for in-service candidates who have possessed a B.Tech degree. The petitioner participated in the direct recruitment under the 10% quota for persons with a B.Tech degree. The petitioner qualified in the direct recruitment examination under the 10% quota and was appointed as Assistant Engineer on 07.07.2000. 5. The present writ petition has been filed by the petitioner claiming seniority from the date when he acquired the B.Tec Degree, i.e., in the year 1998. 6. The petitioner's appointment to the post of Assistant Engineer was against the 10% vacancies reserved for in-service candidates with a B.Tech degree. The petitioner cannot claim seniority with respect to the promotional quota of 50%, which is the relief sought by the petitioner in the present writ petition. When the petitioner was grouped for 2025:KER:30040 WP(C) NO. 8608 OF 2024 6 appointment to the post of Assistant Engineer under the 10% quota out of the 50% quota made for in-service candidates with a B.Tech degree, there is no reason to claim seniority under the other quota. I find no substance in this writ petition, and it is hereby dismissed. Sd/- D. K. SINGH JUDGE mea 2025:KER:30040 WP(C) NO. 8608 OF 2024 7 APPENDIX OF WP(C) 8608/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE PETITIONER WITH THE 1ST RESPONDENT Exhibit P2 A TRUE COPY OF THE COMMUNICATION NO.EB1(A) 1158/2000/10% QUOTA/28 DATED 07.07.2000 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P3 A TRUE COPY OF THE ORDER EB GR 3/WP (C) NO.16609/2010, DATED THIRUVANANTHAPURAM 13.02.2017 ALONG WITH TYPED COPY Exhibit P4 A TRUE COPY OF THE COMMUNICATION NO: NO.EB1(A)/AE/[ELE]/678/2022 DATED 30.05.2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P5 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER WITH THE 2ND RESPONDENT DATED 15.03.2023 Exhibit P6 A TRUE COPY OF THE PROCEEDINGS NO: ESST.III/1502/DPC[ELECTRICAL]/2023/KSEB LTD DATED, THIRUVANANTHAPURAM 2.11.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P7 A TRUE COPY OF THE PROCEEDINGS OF THE DEPARTMENTAL PROMOTION COMMITTEE (HIGHER), NO. ESTT III/DPC/ELECTRICAL 2024 DATED 18.12.2023 Exhibit P8 A true copy of the letter dated 03/12/1999 issued by the Chief Engineer (HRM) Exhibit P9 A TRUE COPY OF THE PROCEEDINGS DATED 07.10.2024 OF PROMOTION AND POSTINGS OF 2025:KER:30040 WP(C) NO. 8608 OF 2024 8 ASSISTANT ENGINEERS [ELECTRICAL] TO THE CADRE OF EXECUTIVE ENGINEER [ELECTRICAL] Exhibit P10 A TRUE COPY OF THE PROCEEDINGS DATED 03.01.2025 OF PROMOTION OF ASSISTANT EXECUTIVE ENGINEER [ELECTRICAL] TO THE CADRE OF EXECUTIVE ENGINEER [ELECTRICAL]