JUDGMENT

Dated this the 20th day of May, 2022 The petitioner is employed as Meter Reader in the Kerala State Electricity Board Limited and his probation is yet to be declared. The petitioner is aggrieved by inclusion of his name in Ext.P4 provisional promotion list.

2. By Ext.P4, the petitioner is promoted as Sub-

Engineer and transferred from Electrical Section, Pettah to the Electrical Section, Chirayinkeezhu.

3. Learned Counsel for the petitioner relied on Clauses 2, 12 and 14 of Ext.P4 to contend that in the case of those meter readers whose probation is not been declared, neither promotion nor transfer can be effected.

4. Learned Standing Counsel for the Board submitted that, if the petitioner is not accepting the promotion, he has to relinquish his promotion by submitting a request in the prescribed proforma. As the petitioner has not submitted relinquishment in the prescribed proforma, the Board had no opportunity to consider the reliquishment.

5. Learned Counsel for the petitioner submitted that pending the writ petition, the petitioner submitted his reliquishment in the prescribed form and drew attention to Exts.P9 and P10 documents in support of the contentions.

As the petitioner is seen to have submitted relinquishment in the prescribed form, it is for the second respondent to consider the petitioner’s reliquishment and take an appropriate decision thereon as expeditiously as possible. Till as a decision is taken on the petitioner’s relinquishment, further proceedings based on Ext.P4, in so far as the petitioner is concerned, shall be kept in abeyance.

The Writ Petition is disposed of accordingly.

Sd/-

V.G.ARUN JUDGE RK APPENDIX OF WP(C) 16049/2022 PETITIONER EXHIBITS Exhibit P1 ADVISE MEMO DATED 12/11/2015 ISSUED TO THE PETITIONER FROM THE STATE PUBLIC SERVICE COMMISSION.

Exhibit P2 APPOINTMENT MEMO DATED 22/12/2015 ISSUED BY K.S.E.B. TO THE PETITIONER IN THE POST OF METER READER.

Exhibit P3 THE ORDER DATED 17.08.2021 ISSUED BY THE CHIEF ENGINEER (HRM), K.S.E.B. LTD, THIRUVANANTHAPURAM.

Exhibit P4 THE ORDER DATED 06/05/2022 EB/2SE(ELE)/MR/PROV. PRO/22-23 ISSUED BY THE CHIEF ENGINEER, (HRM), K.S.E.B.

LTD.

Exhibit P5 REPRESENTATION DATED 12/05/2022 MADE BY THE PETITIONER BEFORE THE RESPONDENTS

1,2,4.

Exhibit P6 E- MAIL COMMUNICATION DATED 12/5/2022 SENT BY PETITIONER ADDRESSED TO HUMAN RESOURCE WING OF THE BOARD.

Exhibit P7 RELIEVING MEMO DATED 13/05/2022 ISSUED TO THE PETITIONER BY THE EXECUTIVE ENGINEER, KAZHAKUTTAM.

Exhibit P8 TRUE COPY OF THE FORM OF RELINQUISHMENT GIVEN TO THE PETITIONER.

Exhibit P9 THE TRUE COPY OF THE STATEMENT OF RELINQUISHMENT SUBMITTED BY THE PETITIONER ON 16.05.2022 BEFORE THE 2ND RESPONDENT.

Exhibit P10 THE TRUE COPY OF THE COVERING LETTER DATED 16.05.22 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.