Dismissed

Ajithkumar.K.a. v. Managing Director, Kerala State Textile

Kerala HC1 Nov 2013WP(C)/27923/2010

Case brief

AI extract

What is this about?

A writ petition challenging a recruitment notification filed by a petitioner claiming entitlement to a General Manager post via promotion was dismissed. The court held that since the person actually appointed was not impleaded, reliefs regarding such appointment lay outside this petition, directing the petitioner to approach respondents for promotion grievances instead.

What did the court decide?

The Writ petition is dismissed.

Ajithkumar.K.a. Vs Managing Director, Kerala… — Pension and Retirement Benefits | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 15TH DAY OF JUNE 2020 / 25TH JYAISHTA, 1942

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WP(C).No.27923 OF 2010(M)

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PETITIONER/S:

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AJITHKUMAR.K.A.

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S/O.LATE ACHUTHAN NAIR, AISWARYA HOUSE,, KUTTAMPEROOR P.O., MANNAR, ALAPPUZHA DISTRICT.

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BY ADV. SRI.KISHOR B.

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RESPONDENT/S:

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1 MANAGING DIRECTOR, KERALA STATE TEXTILE CORPORATION LIMITED,, ANNAPOORNA, T.C. 9/2000-01, KOCHAR ROAD,, SASTHAMANGALAM, THIRUVANANTHAPURAM - 695 010.

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2 THE SECRETARY DEPARTMENT OF INDUSTRIES,, GOVERNMENT OF KERALA,, SECRETARIAT P.O., THIRUVANANTHAPURAM.

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BY ADV. SRI.ALAN PAPALI BY ADV. SMT.ANITHA MATHAI MUTHIRENTHY BY ADV. SRI.N.N.ARUN BECHU BY ADV. SRI.V.S.BOBAN BY ADV. SMT.O.V.BINDU BY GOVERNMENT PLEADER BY ADV. SRI.V.E.ABDUL GAFOOR, SC, KERALA STATE TEXTILE CORPORATION LTD BY ADV. SRI.P.K.VIJAYAMOHANAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.27923/2010

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JUDGMENT

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Dated this the 15^th day of June 2020

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The Writ Petition was filed mainly challenging Ext.P7 notification issued on 06.08.2010 inviting applications for appointment to various posts and fixing interview on 19.08.2010. The petitioner claimed that his application Ext.P9 for appointment to the post of General Manager was liable to be considered with adequate weightage. While seeking consideration of his application he also contended that appointment to the post of General Manager has to be made by promotion. However the person who is appointed on the basis of the notification is not impleaded in this Writ Petition. Therefore those reliefs with respect to the appointments made on the basis of Ext.P7 do not deserve consideration in this Writ Petition. In case the petitioner has any grievance relating to the claim for promotion it is upto him to approach the respondents.

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Accordingly the Writ petition is dismissed.

Sd/-

P.V.ASHA

JUDGE

rkc

W.P.(C) No.27923/2010

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:3:

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1: TRUE COPY OF THE ORDER ISSUED BY THE GOVERNMENT OF KERALA DT.9.5.2000

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EXT.P2: TRUE COPY OF RELIEVING LETTER DT.9.5.2000

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EXT.P3: TRUE COPY OF THE LETTER DT.30.10.2008 ISSUED BY THE ALLEPPEY COOPERATIVE MILLS RELEIVING FROM THE POST OF GENERAL MANAGER

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EXT.P4: TRUE COPY OF THE COMMUNICATION DT.27.1.06 SHOWING EXCELLENCE

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EXT.P5: TRUE COPY OF THE MEMORANDUM DT.2.8.10 APPOINTING A RETIRED HAND

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EXT.P6: TRUE COPY OF COMMUNICATION DT.14.8.10 APPOINTING A LESSER QUALIFIED PERSON AS UNIT IN CHARGE

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EXT.P7: TRUE COPY OF THE NOTIFICATION DT.6.8.10 ISSUED BY KSTC FOR VARIOUS POSTS

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EXT.P8: TRUE COPY OF AN EARLIER NOTIFICATION FOR THE POST OF GENERAL MANAGER AT A UNIT OF KSTC

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EXT.P9: TRUE COPY OF APPLICATION SUBMITTED BY PETITIONER THROUGH PROPER CHANNEL

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EXT.P10: QUESTION PUT TO KSTC AND ANSWER GIVEN BY KSTC FOR QUESTION AS PER RTI ACT DT.31.3.09

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RESPONDENTS' EXHIBITS

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EXT.R1A: TRUE COPY OF THE TERMS AND CONDITIONS IN CLAUSE 12 ACCEPTED BY THE PETITIONER

Ajithkumar.K.a. v. Managing Director, Kerala State Textile

Case brief

What is this about?

What did the court decide?

Ajithkumar.K.a. v. Managing Director, Kerala State Textile

Case brief

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What did the court decide?

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