The court reinforces that appointments must respect existing seniority rules and require hearing all affected parties before implementation.

JUDGMENT

Dated this the 02nd day of March, 2026 Syam Kumar V.M., J.

This Writ Appeal is filed challenging the order dated

04.08.2025 of the learned Single Judge in R.P.No.984 of 2024. The said Review Petition was filed by respondents 1, 2 and 3 (KSEB) seeking to review the judgment dated 02.04.2024 in W.P.(C) No.5388 of 2023 which had been filed by the 4th and 5th respondents. The appellant herein was the 3rd additional respondent in the R.P. and respondents 6 and 7 were the 4th and 5th additional respondents respectively therein.

2. The subject matter of WP (C) No. 5388 of 2023 pertained to the number of vacancies available under the 10% reservation quota for the post of Assistant Engineer (Electrical) as of 31.01.2005 and the prayer therein was to quash Exhibit P24 order dated 30.04.2022 issued by the 3rd respondent Chief Engineer (HRM) of the KSEB whereby the request of respondents 4 and 5 in this Writ Appeal was declined. A direction to appoint them and other eligible officers to the post of Assistant Engineer (Electrical), which existed as on

31.01.2005 apart from 66 vacancies already declared by the 1st respondent (KSEB) was also raised. The learned Single Judge allowed the W.P.(C) and issued the following directions:

"(i) Exhibit P24 will stand quashed, as it is illegal and not in order, and against the directions issued by the Order in RP No. 297 of 2020, as well as the judgment of this Court in WP (C ) No. 13754 of 2021.

(ii) The respondent Board to pass orders appointing the petitioners and other eligible officers to the post of Assistant Engineer (Electrical) in the 10% quota reserved for the in- service candidates in the retirement vacancies, promoted vacancies and also LWA vacancies pointed out in Exhibit nos. P11, P12, P13, P20, P21 and P22 which are vacancies other than 66 vacancies which was admitted by the 1st respondent Board while the judgment in Writ Appeal No.

2251 of 2019 was passed.

(iii) Necessary orders shall be passed by the 3rd respondent as indicated above, within a period of 2 months from the date of receipt of copy of this judgment."

3. Thereafter, the Board filed a Review Petition numbered as R.P.No.984 of 2024 in W.P.(C) No.5388 of 2023, and the learned Single Judge vide order dated 04.08.2025 allowed the applications to implead the appellant as well as respondents 6 and 7 in the Review Petition and issued an order that reads as follows:

"An affidavit is filed by the Secretary of the Kerala State Electricity Board Ltd. (KSEBL) dated 23.06.2025, as directed by this court. Earlier there was an affidavit filed by the Executive Engineer attached to the Office of the Standing Counsel and the Legal Advisor of the KSEBL, wherein it was admitted that there was 6 more vacancies as on 31.01.2005 to regularise/appoint 6 more persons apart from the 66 who had already been regularised. Now in the present affidavit filed by the Secretary, it is submitted in paragraph No.13 that there are 16 more vacancies other than 66 vacancies already admitted by the Board in the 10% quota as on 31.01.2005. Out of the 16 vacancies, 6 have already been filled and as per the order dated 10.04.2025, which brings up to the figure of 10 more now. The Board had issued an order dated 25.04.2025, appointing 6 persons as ordered on

10.04.2025.

2. In view of the admission of the 10 more vacancies in the affidavit, I directed the Secretary to the Kerala State Electricity Board Ltd. to pass orders to fill up the post of Assistant Engineer (Electrical) in the 10% quota reserved for in-service candidates in accordance with the seniority in respect of the 10 vacancies now pointed out in the affidavit dated 23.06.2025. It is made clear that the appointments will be subject to the outcome of the review peti