K S E B Vs. ANNAKUTTY

JUDGEMENT

(1.) Learned single Judge had disposed of a writ petition filed by fourteen persons, who were working as Sub Engineers in the Kerala State Electricity Board, highlighting their claims for promotion/appointment and regularisation in the quota prescribed for Engineering Graduates. The learned Judge had directed that although appointed on a provisional basis from the select list, they will be entitled for regularisation in accordance with law. The appeal had been filed, at the instance of the Board, pointing out that the judgment required to be subjected to further examination, and as a matter of fact, the claims put up had been rejected as early as 2003 and the issue should not have been raked up on a later date.

(2.) However, we had dismissed the appeal filed by the Board holding that in his discretion the learned Judge had set the issues at rest and the judgment is not required to be interfered with. Thereafter, the Board has filed the Review Petition, which had come up for hearing today in the presence of the parties concerned.

(3.) Mr.N.N.Sugunapalan,senior counsel on instructions, submits that the Board has been put to a difficult position, since there are conflict of claims between the two rival groups and it was not possible to advert to the other relevant judgments on the subject, when the matter was heard on the previous occasion. He submits that the Board is in an unenviable position, since obedience is expected to conflicting judgments, and contempt proceedings already have been initiated. We do not think it will be proper to shut out materials and this can be a justification for review of the judgment already passed, since the submission appears to be tenable. The counsel submits that in an organisation in the nature of Electricity Board, which employs thousands of persons in several hundred categories, especially in service matters, the Board requires to proceed with utmost care and clarity so as to avoid prejudice to any specified groups. Of course, respondents submit that the difficulties as highlighted are imaginary, and non existing. But we are not too sure.