Dismissed

E.M.Sharafudeen and Others v. Kerala State Film Development Corportn

Kerala HC13 Feb 2015WP(C)/18029/2011

Case brief

AI extract

What is this about?

Daily waged employees of the Kerala State Film Development Corporation who completed over 10 years of service were not regularised while others received benefits. The High Court directed the State Government to consider a proposal for regularisation and decide within three months.

What did the court decide?

Directed the 2nd respondent to consider the proposal for regularisation submitted by the 1st respondent and decide within three months.

E.M.Sharafudeen and Others Vs Kerala State Film… — Service and Employment | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

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FRIDAY, THE 13TH DAY OF FEBRUARY 2015/24TH MAGHA, 1936

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WP(C).No. 18029 of 2011 (C)

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PETITIONER(S):

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1. E.M.SHARAFUDEEN AND OTHERS

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T.C 65/1981-1, HAYATH THIRUVALLAM.P.O, TRIVANDRUM-27

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NOW WORKING AS CINE ASSISTANT AT, CHITHRANJALI

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OUTDOOR UNIT, KERALA STATE FILM

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DEVELOPMENT CORPORATION, THIRUVALLOM.P.O, TRIVANDRUM.

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2. S. RADHAKRISHNAN, AGED 50 YEARS,

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T.C 36/1683-1, SANTHAMADURPIL HOUSE, SUBHASH NAGAR

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VALLAKKADAVU.P.O, TRIVANDRUM-18

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NOW WORKING AS CINE ASSISTANT AT, CHITHRANJALI

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OUTDOOR UNIT, KERALA STATE FILM

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DEVELOPMENT CORPORATION, TRIVANDRUM

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3. B. VENUGOPALAN NAIR, AGED 47 YEARS,

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PANCHAKSHARAM, VADAKKE PIRACHEL, PRAVACHAMBALAM NEMOM.P.O, TRIVANDRUM-20, NOW WORKING AS CINE ASSISTANT AT CHITHRANJALI OUTDOOR UNIT, KERALA

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STATE FILM DEVELOPMENT CORPORATION,

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THIRUVALLOM.P.O,TRIVANDRUM

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4. J. BALAKRISHNAN, AGED 52 YEARS,

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ARUNANJALI, T.C 52/1735, STUDIO ROAD

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ESTATE.P.O, TRIVANDRUM-19

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NOW WORKING AS CINE ASSISTANT

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AT CHITHRANJALI OUTDOOR UNIT, KERALA

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STATE FILM DEVELOPMENT CORPORATION, THIRUVALLOM.P.O

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TRIVANDRUM

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5. M.T. SATHEESAN, AGED 47 YEARS,

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CHERUKKUNNUMMEL HOUSE, VELLIPARAMBA.P.O

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KOZHIKODE - 673 008, NOW WORKING AS CINE ASSISTANT

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AT CHITHRANJALI OUTDOOR UNIT, KERALA

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STATE FILM DEVELOPMENT CORPORATION, THIRUVALLOM.P.O TRIVANDRUM.

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6. A.M. ABDUL KHADER, AGED 46, T.C 46/10, PALLY STREET, POONTHURA.P.O

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TRIVANDRUM-26, NOW WORKING AS ELECTRICIAN AT

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CHITHRANJALI OUTDOOR UNIT, KERALA

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STATE FILM DEVELOPMENT CORPORATION, THIRUVALLOM.P.O TRIVANDRUM.

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WP(C).No. 18029 of 2011 (C)

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7. N.VINOD KUMAR, AGED 49 YEARS,DALAVUPURAM 12-506, GRAMAV TEMPLE ROAD, PARASSALA.P.O TRIVANDRUM-695502, NOW WORKING AS ELECTRICIAN AT CHITHRANJALI OUTDOOR UNIT, KERALA STATE FILM DEVELOPMENT CORPORATION, THIRUVALLOM.P.O TRIVANDR

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8. P.K. KARTHIKEYAN, AGED 43 YEARS,

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S/O. CHATHUKUTTY, PAIKATTUKAVIL HOUSE, P.O. NELLICODE

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KOZHIKODE - 673016, NOW WORKING AS

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TICKET COUNTER CLERK AT KAIRALI THEATRES, KERALA

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STATE FILM DEVELOPMENT CORPORATION, MAVOOR ROAD KOZHIKODE

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9. P.P. PADMANABHAN, AGED 49 YEARS,

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S/O. KUNHIKRISHNAN, PUNATHUMPARAMBATH.P.O, KARUMALA

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VIA BALUSSERY, KOZHIKODE-673 620

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NOW WORKING AS TICKET COUNTER CLERK AT KAIRALI

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SREE THEATRES, KERALA STATE FILM DEVELOPMENT

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CORPORATION, MAVOOR ROAD

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KOZHIKODE

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10. M. MANIKANTAN, AGED 37 YEARS, S/O.BAVA, THENGAKKOOTTIL HOUSE, THANNEERPANTHAL VENGERI, P.O. KOZHIKODE, NOW WORKING AS HEALTH WORKER AT KAIRALI SREE THEATE, KERALA STATE FILM DEVELOPMENT CORPORATION, MAVOOR ROAD, KOZHIKODE.

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BY ADV. SRI.P.V.KUNHIKRISHNAN

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RESPONDENT(S):

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1. KERALA STATE FILM DEVELOPMENT CORPORATION REPRESENTED BY ITS, MANAGING DIRECTOR VAZHUTHACAUD, TRIVANDRUM - 695 014.

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2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, CULTURAL AFFAIRS DEPARTMENT TRIVANDRUM - 695 001.

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R,R1 BY ADV. SRI.A.SUDHI VASUDEVAN, SC, KSFDC R2 BY ADV. GOVERNMENT PLEADER SRI. P. V ELIAS

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 18029 of 2011 (C)

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APPENDIX

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PETITIONERS EXHIBITS:

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P 1: A COPY OF THE LIST SUPPLIED BY THE STATE PUBLIC INFORMATION OFFICER OF THE 1ST RESPONDENT REGARDING DAILY WAGES UNDER THE 1ST RESPONDENT

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P 2: A COPY OF THE LIST OF EMPLOYEES APPOINTED AFTER 17.1.1979 THROUGH DIRECT APPOINTMENT

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P 3: A COPY OF THE LETTER DATED 8.5.2007 OF THE 1ST RESPONDENT TO THE KERALA PUBLIC SERVICE COMMISSION

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P 4: A COPY OF THE ORDER NO.328/C3/09/CAD DATED 19.1.2009

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P 5: A COPY OF THE JUDGMENT DATED 16.12.2009 IN W.P.C NO.36411/2009

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P6: A COPY OF THE GO (RT) NO.333/2011/CAD DATED 16.6.2011

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P7: A COPY OF THE PAY SLIP ISSUED TO SI. NO.91 OF EXT. P 2 LIST DATED JUNE 2011

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RESPONDENTS EXHIBITS: NIL

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/TRUE COPY/

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PA TO JUDGE sab

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C.K. ABDUL REHIM, J.

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-----------------------------------W.P.(C). No. 18029 of 2011

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Dated this the 13^th day of February, 2015

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J U D G M E N T

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The petitioners claimed that they have completed more than 10 years of service in the 1^st respondent Corporation as daily waged employees, but they were not regularised. It is complained that similarly situated other daily waged workers employed by the 1^st respondent Corporation, whose names are mentioned in Ext.P2 list, were granted with increment, grade promotions etc. But such benefits are not given to the petitioners, is the grievance. Therefore, this writ petition is filed seeking declaration to the effect that the petitioners are entitled to similar benefits and seeking direction for payment of such benefits to the petitioners.

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The reliefs mentioned as above, claimed by the petitioners, were rejected by the Government through Ext.P6 order. It is contended that stand taken by the Government in refusing to approve regularisation of the petitioners in the service of the 1^st respondent is without considering relevant materials regarding their daily waged employment and that the Government have failed in taking note of the directions

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W.P.(C). No. 18029 of 2011

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issued by the Honourable apex Court in the decision Secretary, State of Karnataka and others v. Umadevi, 2006(4) SCC 1. Hence, the petitioners are also seeking to quash Ext.P6.

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Learned Standing Counsel appearing for the 1^st respondent Corporation submitted that a fresh proposal for regularisation of the petitioners and other provisional employees working in the Corporation has already been submitted before the 2^nd respondent on 14.02.2014 and that an appropriate decision will be taken with respect to regularisation of the petitioners, subject to approval being granted by the 2^nd respondent.

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In view of the circumstances as mentioned above, learned counsel for the petitioners submits that the petitioners will be satisfied if a direction is issued to the 2^nd respondent to consider the proposal and to take appropriate decision there on , without any further delay.

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Under the above mentioned circumstances, this writ petition is disposed of by directing the 2^nd respondent to consider the proposal submitted by the Managing Director of the 1^st respondent Corporation, dated 14.02.2014, seeking regularisation of provisional employees, and to take an

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W.P.(C). No. 18029 of 2011

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appropriate decision on the request at the earliest possible, at any rate within a period of three months from the date of receipt of a copy of this judgment.

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Sd/-C.K. ABDUL REHIM, JUDGE

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True Copy

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P.A to Judge

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lsn

E.M.Sharafudeen and Others v. Kerala State Film Development Corportn

Case brief

What is this about?

What did the court decide?

E.M.Sharafudeen and Others v. Kerala State Film Development Corportn

Case brief

What is this about?

What did the court decide?

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