KERALA STATE ELECTRICITY BOARD, CHIEF ENGINEER (HRM) AND DEPUTY CHIEF ENGINEER (HRM) Vs. P K INDIRA, SWEEPR GRADE III, K P SUBAIDA, LINEMAN/II AND SELVI, LINEMAN/II

JUDGEMENT

(1.) The Appellants are the Kerala State Electricity Board and its officers, who were the Respondents 1 to 3 in the writ petition.

(2.) The case of the writ Petitioner was that she, having given appointment as Sweeper Grade III by virtue of Ext. P1 dated 14.11.1990, under the compassionate appointment scheme was entitled to have a category change as 'Electricity Worker' and for consequential benefits in view of such posting given to the Respondents 4 and 5 in the writ petition. The said Respondents were given similar appointment as Sweeper Grade III much later, but were accommodated as 'CLR workers' for want of vacancy of Sweepers Grade III. As per Ext. P4 dated 10.12.2002 such persons like the Respondents 4 and 5 were regularised as Electricity Workers; which benefit in turn was claimed by the writ Petitioner as well.

(3.) The claim of the Petitioner was resisted by the Board stating that the benefits contemplated under Ext. P4 were with regard to the regularization of the CLR workers and that the same cannot be extended to the writ Petitioner. The facts and circumstances with reference to the pleadings on record were analysed by the learned Single Judge, who arrived at a specific finding that the course pursued by the Board in the case of the Petitioner is not in conformity with the principle of equality. The learned Single Judge came to the conclusion that the Petitioner was entitled to get category change as 'Electricity Worker' from the date of regularization of the Respondents 4 and 5 as Electricity Workers and directed to give all the benefits flowing therefrom; is under challenge in this appeal.