RAJU P T Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner entered into the service of the Kerala State Electricity Board as a Cashier with effect from 03.07.1992. He got promotion as Senior Assistant with effect from 06.04.1994 and obtained higher grade promotion with effect from 06.04.2004. He is presently working as Superintendent on grade promotion. Petitioner acquired further qualifications of ICWA and PGDCA. According to the petitioner, the petitioner is fully qualified for the post of Divisional Accountant Grade-II. Petitioner put a representation seeking appointment by transfer to the post of Divisional Accountant Grade-II. Since that was not favourably considered, the petitioner filed a writ petition as W.P. (C) No.31281/2004 in which there was a direction to the Electricity Board to consider the petitioner's representation. Consequently petitioner's representation was considered and by Ext.P10 order, it was rejected on the ground that, the petitioner is not eligible to be appointed by transfer or by promotion in accordance with the recruitment rules applicable. Petitioner is challenging Ext.P10. The contention of the petitioner is that, when the petitioner is available in service of the K.S.E.B. with all qualifications prescribed for direct recruitment to the post of Divisional Accountant Grade-II, it is only just and proper and that the petitioner should be appointed by transfer to that post.

(2.) In answer to the same, the counsel for the Electricity Board submits that, K.S.E.B can make appointments and promotions only in accordance with the recruitment rules applicable. As per the recruitment rules applicable, even if the petitioner possesses the required qualifications for direct recruitment, the petitioner cannot be appointed by transfer, since the recruitment rules do not provide for the same. The respondents therefore would contend that, the writ petition is liable to be dismissed.

(3.) I have considered the rival contentions in detail.