ASHA V.DEV., Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner challenges Ext.P5 order, to the extent it imposed a condition, while granting extension of deputation, that she should re-join as the junior most in the cadre of Assistant Executive Engineer. Petitioner challenges Ext.P6 order also, by which her representation to review that condition was rejected.

(2.) While the petitioner was working as Assistant Engineer the respondent - Kerala State Electricity Board, accorded sanction for her deputation as Assistant Engineer in the Chattisgarh State Electricity Board as per Ext.P1 order dated 21.01.2006 for a period of one year from 23.01.2006. It is stated that the period of deputation was extended from year to year as per orders dated 13.02.2007, 28.01.2008, 20.01.2009, 19.01.2010 and 25.01.2011 on the very same terms and conditions as contained in Ext.P1 order. As per Ext.P3 order dated 08.12.2009, she was promoted as Assistant Executive Engineer (Electrical). It is stated that as post of Assistant Executive Engineer is not available in Chattisgarh Electricity Board, they changed the deputation post occupied by the petitioner as Executive Engineer, with the permission of the KSEB, as can be seen from Exts.P4 and P2 orders, by which the deputation was extended for a period of one year from 21.01.2011. It is stated that the Chattisgarh State Electricity Board as per letter dated 16.12.2011 again requested the KSEB for extension of deputation of petitioner. Ext.P5 was the order passed by the Board on 17.02.2012 on that request. In Ext.P5, it is stated that after detailed discussion the Full Time Board has decided that extension would be granted for the period up to 31.05.2012 as a last chance and as a special case, subject to the condition that petitioner would have to join as the junior most in the cadre of Assistant Executive Engineer (Electrical) on the date of her joining duty. It was also ordered that no further extension would be granted for deputation under any circumstances.

(3.) The petitioner thereupon submitted a representation dated 16.03.2012, which the Board rejected as per Ext.P6 letter stating that while on deputation, the petitioner has not worked a single day in the KSEB in the cadre of Assistant Executive Engineer (Electrical) and she was working in the cadre of Executive Engineer (Electrical) in Chattisgarh Electricity Board and her service in a different post can not be construed as Assistant Executive Engineer (Electrical) in the Board and she has to complete the mandatory minimum one year duty out of a continuous period of two years as Assistant Executive Engineer in KSEB. The decision of the Full Board was stated to be correct and petitioner's request to review the decision was rejected. The Writ Petition was filed at that stage. It is stated that petitioner rejoined duty on 02.06.2012.