KRISHNA CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The captioned writ petitions and the contempt of court case are materially connected, and therefore, I heard them together and propose to deliver a common judgment. W.P.(C) No.9807 of 2017 is filed by the petitioners who are included in the ranked list for appointment to the post of Assistant Engineer (Electrical) in the 2nd respondent Board, published by the 4th respondent, seeking direction to the 3rd respondent to report all existing and anticipated vacancies of Assistant Engineer (Ele.) in the various offices of the 2nd respondent Board to the 4th respondent within a time frame, and for other related and consequential reliefs. The fate of the other writ petition and the contempt case will be guided by the decision taken in W.P.(C) No.9807 of 2017. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioners are rank Nos.128, 152, 270 & 306 in Ext.P1 rank list for appointment to the post of Assistant Engineer (Ele.) in the 2nd respondent Board. According to the 3 rd respondent, the present cadre strength of Assistant Engineer (Ele.) is 2340, of which, 40% have to be appointed by direct recruitment. However, only 731 persons appointed in 40% quota are now occupying the position, which thus means, 205 vacancies have to be filled up by direct recruitment. Exts.P2 and P3 are application, and reply to the application submitted by the petitioners under the Right to Information Act.

(3.) In addition to the above, 167 posts of Assistant Engineer (Ele.) were upgraded temporarily as Assistant Executive Engineer (Ele.). As per Ext.P4 Board order dated 26.02.2011, it was decided to upgrade 167 Assistant Engineer (Ele.) posts to Assistant Executive Engineer (Ele.) temporarily, subject to the approval of the Government. As per Ext.P5 order dated 102.2014, the Government accorded sanction for temporary upgradation of 167 Assistant Engineers to Assistant Executive Engineers with a condition that the same will be permitted till their retirement or promotion to the next higher post whichever is earlier. Pursuant to Ext.P5, 161 Assistant Engineers (Ele.) were promoted and posted as Assistant Executive Engineers (Ele.) as per Board orders dated 01.02014, 04.02014, 11.06.2014 and 12.02015. Thereafter, out of the above 161 Assistant Executive Engineers (Ele.), 37 were absorbed in the regular vacancies of Assistant Executive Engineer (Ele.), which arose up to 01.02.2015 and corresponding number of Assistant Engineer posts were revived, evident from Ext.P6 proceedings of the 3rd respondent dated 30.05.2015.