JOHNSON FERNANDEZ L Vs. M K SREENARAYANAN ELAYATH

JUDGEMENT

(1.) These Writ Appeals are filed against the common judgment rendered by the learned Single Judge in O.P. No. 6010/2003 and connected cases dated 19.1.2005. The point that arose for decision was whether the vacancies in the post of Overseer (Electrical) set apart for appointment of employees of the Kerala State Electricity Board having the prescribed qualification for direct recruitment to that post and who are in the same or lower time scales of pay compared to that of Overseer (Electrical), should be filled up going by their length of service under the Board. According to the appellants, persons with the prescribed qualification working in different lower posts under the Board should be appointed in the aforementioned quota, based on their length of service under the Board. A person with longer service, even if he is working as a Scavenger, should be preferred over a person with lesser service, even if he is working in the immediate lower category post below Overseer, namely, Meter Reader.

(2.) The skeletal facts necessary for the disposal of the Writ Appeals are the following: We are referring to the exhibits in W.A. No. 455/2005, unless otherwise specified. The settlement concluded between the management and the workmen of the K.S.E.B on 25.11.1978 made certain provisions regarding appointment to the post of Lineman (presently re- designated as Overseer). The relevant portion of the settlement comes under Clause 5 of Article VIII (sub-heading II. Executive, A. Electrical). The said clause reads as follows:

(3.) The next settlement was concluded between the management and the workmen on 28.7.1986. As per the said settlement, it was resolved to integrate the category of Lineman (Rs. 675 -1240) with the category of Second Grade Overseer (Rs. 765 - 1330) with effect from 1.8.1986. It was decided to re-name the integrated category as Overseer (Electrical). It was provided that Line Assistant will be the feeder category for promotion to that post and the ratio between qualified hands and unqualified hands shall be 60 : 40. Qualified hands means employees having the qualification for direct recruitment as Overseer and working in grades equal or lower to that of Overseer. Unqualified hands means persons in the feeder category who claim promotion based on seniority in that category. Later, the Board moved the Government by addressing Ext.P15 communication, seeking approval of the Government for the integration of the two categories mentioned above and also for re-designation of the integrated category as Overseer (Electrical), apart from fixation of qualification and method of appointment to the re-designated post.