The High Court dismissed a writ petition filed by the General Secretary of a Staff Union challenging the pay scale upgradation of himself. The court held that the petitioner lacked locus standi, relying on a prior judgment where a similar challenge was rejected.
Writ petition dismissed for lack of locus standi.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 1ST DAY OF OCTOBER 2012/9TH ASWINA 1934
WP(C).No. 10954 of 2009 (L)
PETITIONER:
K.V.MANOJ KUMAR, AGED 37 YEARS, S/O.LATE R.K.PILLAI,GENERAL SECRETARY SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCE & TECHNOLOGY STAFF UNION THIRUVANANTHAPURAM 695 011.
BY ADVS.SRI.KAPPILLIL ANILKUMAR SMT.P.A.JASMIN
RESPONDENTS:
1. SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCE & TECHNOLOGY, THIRUVANANTHAPURAM 695 011, REP.BY ITS DIRECTOR.
2. GOVERNING BODY OF SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCE & TECHNOLOGY,REP.BY ITS CHAIRMAN PROF.R.CHIDAMBARANM,PRINCIPAL SCIENTIFIC ADVISOR TO THE GOVT.OF INDIA,DAE HOMI BHABA HAIR PROFESSOR,6TH FLOOR,CENTRAL COMPLEX,
BHABA ATOMIC RESEARCH CENTRE, TROMBAY, MUMBAY 400 085.
3. S.SASIKUMAR,AGED ABOUT 66 YEARS, PRESENTLY WORKING AS ADMINISTRATIVE OFFICER GR.I PERSONNEL & ADMINISTRATION SECTION,SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCE & TECHNOLOGY THIRUVANANTHAPURAM 696 011.
4. UNION OF INDIA,REP.BY SECRETARY TO GOVERNMENT,MINISTRY OF SCIENCE & TECHNOLOGY TECHNOLOGY BHAVAN,NEW MEHRAULI ROAD, NEW DELHI 110 016.
R1,R2 BY ADV. SRI.T.R.RAVI R3 BY ADV. SRI.SAJU.S.A R4 BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 10954 of 2009 (L) ---------------------------
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1. COPY OF THE LETTER DATED 6.8.2004 FROM THE 3RD RESPONDENT TO THE 1ST RESPONDENT.
EXT.P2. COPY OF THE REQUEST MADE BY THE PETITIONER TO THE PRINCIPAL PUBLIC INFORMATION OFFICER OF THE INSTITUTE DATED 28.2.2009.
EXT.P3. COPY OF THE REPLY FURNISHED BY THE PRINCIPAL PUBLIC INFORMATION OFFICER OF THE INSTITUTE TO THE PETITIONER UNDER R.T.I. ACT DATED 24.3.2007
EXT.P4. COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 29.7.2007.
EXT.P5. COPY OF THE REPRESENTATION BEFORE THE 2ND RESPONDENT SUBMITTED BY THE PETITIONER DATED 26.3.2009.
RESPONDENT'S EXHIBITS :
EXT.R3(A). COPY OF NOTICE ISSUED BY PETITIONER'S UNION
EXT.R3(B). COPY OF REPORT IN DESHABHIMANI DAILY DATED 29.4.2007.
/ TRUE COPY /
P.A. TO JUDGE
VK
P.R. RAMACHANDRA MENON, J.
W.P. © No. 10954 OF 2009
Dated this the 1st October, 2012
J U D G M E N T
This writ petition has been filed by the petitioner, who is
stated as the General Secretary, Sree Chitra Institute for Medical
Sciences & Technology Staff Union, with the following prayers:
“i. To call for records leading to and connected with upgradation of the third respondent's post pursuant to Ext.P1 for examining the legality, validity and propriety of the acts of respondents 1 and 2, and quash the decision;
ii. to issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 1 and 2 to constitute a standing committee to study the nature of work, functional responsibilities, skills and expertise required for any upgradation of posts in the Institute, circulate the study report among all employees and invite their feedback before effecting any changes in present pay scales under the guise of rationalization;.
iii. To declare that the 3rd respondent is not eligible to have upgraded his entry grade post
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W.P. © No. 10954 OF 2009
of Administrative Officer from Rs.8000-13500 to Rs.10000-15200 with retrospective effect and consequent revision from Rs.1000015200 to Rs.12000-16500;
iv) any other writ, order or direction this Hon'ble Court may deem fit and proper in the particular facts and circumstances of the case.”
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W.P. © No. 10954 OF 2009
Court finds that the said verdict squarely covers the issue sought to be projected in this writ petition as well. Accordingly, the writ petition is dismissed, holding that there is no 'locus standi' for the petitioner to file this writ petition.
P.R. RAMACHANDRA MENON, JUDGE.
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1 issue framed by the court
Whether the Staff Union has locus standi to file a writ petition challenging the pay scale upgradation of its General Secretary.
Colour shows how this judgement treated each authority
W.P.(C) No. 13884 of 2007Referred¶46
K.V. Manoj Kumar
Sree Chitra Tirunal Institute for Medical Science & Technology
Governing Body of Sree Chitra Tirunal Institute for Medical Science & Technology
S. Sasikumar
Union of India
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
