BHASKARAN NAIR Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The writ petition has been referred to a Full Bench in view of the doubt entertained as to the correctness of the decision of the Division Bench in Viswanathan Nair v. K.S.E. Board 1974 KLT 75. The scope and the principle of the decision will be explained in the course of the discussion.

(2.) The writ petitioner was appointed a Lower Division Clerk in the Kerala State Electricity Board, in the Travancore - Cochin State on 11th September 1956. Respondents 2 and 3 were juniors to him. They became test qualified earlier than the petitioner. The 2nd respondent was therefore promoted as Upper Division Clerk on 14th June 1963 and the 3rd respondent on 7th April 1964. The petitioner became test qualified only in 1969 and was promoted to the Upper Division cadre on 7th May 1970. At that time, Respondents 2 and 3 had not been confirmed and even now they have not been confirmed. On 13th November 1972, Respondents 2 and 3 were promoted as Junior Superintendents. The petitioner made Ext. P-2 representation for refixation of his rank, and promotion as Junior Superintendent, which was rejected by Ext. P-3 order dated 12th February 1976. The writ petition was to quash Ext. P-3 proceedings of the Chief Engineer. Kerala State Electricity Board, and for restoration of the petitioner's seniority over Respondents 2 and 3 and for the petitioner's promotion as Junior Superintendent.

(3.) But it was contended that this is not the effect of the G. O. as explained and construed by a Division Bench of Govindan Nair, C. J. and Sadasivan, J. in Viswanathan Nair v. K.S.E. Board 1974 KLT 75.To that decision we shall now turn. After noticing the G. O. dated 7th May 1951 and the clarificatory order dated 26th July 1961 the Division Bench observed: