DILEEP KUMAR Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The present intra-Court Appeal under Sec. 5 of the Kerala High Court Act 1958 assails the judgment dtd. 5/2/2020 passed in W.P.(C) No.24477/2017-H whereby the writ petition filed by the appellant has been dismissed by the learned Single Judge.

(2.) The brief facts of the case are that the appellant was appointed as Foreman Grade-II in the Kerala State Electricity Board (KSEB) on 24/4/1995 on the advice by the Kerala Public Service Commission. Subsequently, on 11/8/2000, the Kerala State Electricity Board (KSEB) signed a long-term settlement with two recognized trade unions, i.e., the Kerala State Electricity Board Workers Association and the Kerala Electricity Workers Federation, which provided for revision of pay and allowances and other service conditions of the workmen of the KSEB. According to Clause 5 of Article VII, Staff Pattern, B Executive Staff, the posts of Foreman (Civil) and Sub Engineer (Civil) were merged effective from 29/8/2000. All Foreman (Civil) appointed through the Kerala Public Service Commission were to be integrated with Sub Engineers (Civil), and the post of Foreman (Civil) was abolished from the date of the settlement.

(3.) Being aggrieved, the appellant submitted a representation (Ext.P3), requesting that his service be reckoned from the date he entered service, i.e., with effect from 24/4/1995, since, as per Ext.P2, he would otherwise be considered junior even to a person appointed in the year 2000. Due to inaction on the representation, the appellant filed W.P.(C) No.33596/2010. This Court disposed of the W.P.(C) No.33596/2010 directing the 2nd respondent to consider the claim of the appellant in the light of the directions passed by the Apex Court in the case of Union of India v. Dharam Pal and others [(2009) 4 SCC 170].